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Military Vaccine Mandate Class Action Lawsuit Overview:
- Who: Staff Sergeant Dan Robert of the U.S. Army and Staff Sergeant Hollie Mulvihill of the USMC filed a class action lawsuit against the U.S. Department of Defense, the U.S. Department of Health and Human Services, and the U.S. Food and Drug Administration.
- Why: Plaintiffs claim it is unlawful for active-duty service members who have recovered from COVID-19 to be forced to get vaccinated against the virus.
- Where: The class action lawsuit was filed in Colorado federal court.
Active-duty military members who have gotten sick with COVID-19 and recovered cannot legally be forced to receive a vaccine for the virus, a new class action lawsuit alleges.
Lead plaintiffs Dan Robert and Hollie Mulvihill — active-duty staff sergeants in the U.S. Army and the USMC, respectively — say Army Regulation 40-562 medically exempts documented survivors of an infection from having to receive a vaccination for the same infection, since they have already developed natural immunity to the virus.
“Service members that have natural immunity, developed from surviving the virus, should be granted a medical exception from compulsory vaccination because the DoD Instruction policy reflects the well-established understanding that prior infection provides the immune system’s best possible response to the virus,” the class action lawsuit states.
Despite this, Robert and Mulvihill — who say they both got and recovered from COVID-19 — claim they received a memo from U.S. Secretary of Defense Lloyd Austin informing them he would be seeking authorization from President Joe Biden to mandate the COVID-19 vaccine on or about Sept. 15, 2021.
Robert and Mulvihill want to represent a Class of all military members who have gotten infected and recovered from COVID-19, documented and reported it to a superior, and still been ordered to get vaccinated against the virus.
Military COVID-19 Vaccine Mandate ‘Violates Constitutional Rights,’ According to Class Action Lawsuit
Plaintiffs say the Department of Defense is already illegally vaccinating members of the military and violating their constitutional rights. The U.S. Department of Health and Human Services and the U.S. Food and Drug Administration are also named as defendants in the class action lawsuit.
“Any forced vaccination of Plaintiffs would be/are being administered in blatant violation of federal law, the attendant regulations, and the U.S Constitution, denying Plaintiffs due process of law and violating their bodies,” the class action lawsuit states.
Officials have also failed to abide by 10 U.S.C. §1107, which relates to a member of the armed forces being required to take an investigational new drug, according to the class action lawsuit.
Robert and Mulvihill argue they should be exempt from being forced to get the vaccine regardless of the vaccines legal status with the FDA, since their rights to informed consent have not, and can not be met.
Plaintiffs are seeking temporary and permanent injunctive relief preventing them from being required to get vaccinated and a declaratory judgement that the vaccine mandate cannot be issued.
The class action lawsuit is one of several that have been filed in regard to COVID-19 vaccine mandates recently.
New Mexico Gov. Michelle Lujan Grisham had a class action lawsuit filed against her earlier this month by parents upset she mandated state fairs goers must be vaccinated against the virus.
In Hawaii, meanwhile, a total of 2,000 first responders have joined a class action lawsuit filed against government officials over a COVID-19 vaccine mandate.
Are you an active-duty military member who does not want to get vaccinated against COVID-19? Let us know in the comments!
The plaintiffs are represented by Todd Callender, Esq., David Willson, Esq., D. Colton Boyles, Esq. of Boyles Law, PLLC, and Dale Saran.
The Military Vaccine Mandate Class Action Lawsuit is Robert, et al. v. Austin, et al., Case No. 1:21-cv-2228, in the U.S. District Court for the District of Colorado.
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Check out our list of Class Action Lawsuits and Class Action Settlements you may qualify to join!
Read About More Class Action Lawsuits & Class Action Settlements:
- Another 800 First Responders in Hawaii Join in Class Action Fight Against Vaccine Mandate Requirement
- Parents Sue Tennessee Governor, County for Lack of Mask Mandate in Schools
- Parents of Unvaccinated Kids Join Class Action Lawsuit Against New Mexico Governor Over State Fair Vaccine Mandate
- Hawaiian Inmates Reach Settlement With State Over COVID-19 Outbreaks
18 thoughts onMilitary Members Who Survived COVID-19 Should Be Vaccine-Exempt, Class Action Argues
Army refused to conduct standard procedures for medical exemption. I had 4 other medical exemptions. Army refused to let me attempt religious exemption (Judaism). Army made false statements to include on GOMOR claiming I was educated and watched a video.
Trying to get back pay and reinstatement on previous contract with 30APR2023 ETS and many, many leave days that were thrown out due to last minute discharge and being over 60
I am a Federal Employee and have filed a Religious exemption and getting indications through emails that my information isn’t sufficient. Can I join one of these other class action suits. Thank you
I’m a federal government employee of 35 years and the deadline is November 22nd. I applied for a religious exemption and like the military I expect the government to deny it as they have been doing. What can we do?
How does an active duty member with natural antibodies join this class action?
As a military member with documented Covid antibodies, can I still get in this class action lawsuit?
Active Duty Senior NCO/Chief, refuse on the bases of religion and constitutionality. Already had the China flu.
I am an Air Force civil service employee who does not want to be forced to take the Covid vaccine due to natural immunity or as the CDC calls it “active immunity”. I contracted Covid in March 2020 and had two antibodies tests, a year apart with the last one about a week and a half ago. Both were reactive or positive for antibodies. It has been approx 19 months and I still have the antibodies. Are/can AF civil service employees be included in this class action?
Chief Warrant Officer 3 is in the window for retiring in 20 days after 22 years of honorable service. Facing backlash because I am standing on my religious and moral principle after I have already had COVID and have immunity. I may face dishonorable discharge with 20 days left of Active Duty having retirement orders.