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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
Active Duty Pilot objecting for medical, religious and Constitutional reasons.
My boyfriend had covid in November of 2020. His now military job, is requiring him to get the vaccine or he will be fired. He was just informed today. Can anybody help?
Looking for an attorney to represent us in west central MO. Please let contact us if you know of someone who can help. Thank you!
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I am a federal employee who does NOT want to get the shot. Need help quick.
I’m an active duty Blackhawk pilot and I don’t want it at all. Also need help
My son is active duty Air Force pilot and has had Covid infection naturally. He is being mandated to have the vaccine and doesn’t want it. I need help finding him a lawyer ASAP. He has put in a religious exemption but he’s told it will almost certainly be denied even though he had a spiritual experience that told him God provided him natural immunity. As a sincere spiritual belief. As an eight year trained pilot, I can’t imagine the military wanting to release him at his peak payback for his experience. Plus, isn’t the major adverse event from the vaccines heart issues? Do you want your pilots having damaged hearts? Thank you for listening
My active-duty Coast Guard son is naturally immune due to previous infection. He is willing to submit to an antibody determination test.
My niece at West Point is (this day) undergoing the third degree as the Army attempts to coerce her into taking the vax. She has had one shot and then developed covid – – – she recovered and is fine but the Army wants her to get the second shot regardless. The Army reg regarding recovery from previous infection is being ignored in her case.
Can health care workers join this lawsuit. So unfair what is happening to them. After working so hard during these difficult times , now they force them to get this vaccine..
Are other members active duty that have natural immunity able to join this lawsuit? Or can they wait until this case is settled?
I am an unvaccinated chaplain, who recovered from Covid and whose friend and fellow soldier just died of Covid. He belonged to a denomination that is pushing vaccines from the pulpit. In fact, they were pushed by an archbishop AT HIS FUNERAL. Yet I walked out of that funeral while he was carried out. I was 3 years his senior. This experience has made it clear to me that vaccines don’t compare to natural immunity. My friend’s assistant and close friend just got her final dose of the vaccine a couple of days after the funeral. Two days later her symptoms are identical to mine when I had the disease. My case was moderately severe and she has very similar symptoms from the vaccine. I am also 3 years her senior. My greatest concern now is that, after having Covid, that it would be unsafe for me to then have a vaccine that clearly can cause the same symptoms. I am very afraid to have this injection after my recent experience. I also see Nuremberg Code considerations here. As a chaplain, I am trained in this sacred code. It is plain wrong for our government to terrorize its troops with forced injections of immune personnel.