CHD Victories, Positive Outcomes and Groundbreaking Litigation
Children’s Health Defense (CHD) has been fighting for the safety and freedom of people all across America and the world. Here are some of the victories and critical outcomes we have had in court:
1. Washington, D.C. City Council Minor’s ‘Consent’ Law
VICTORY! March 18, 2022: CHD stops vaccination of kids without parental consent.
Status: Case stayed — Settlement in the works
Case name: Victor Booth et al v. Muriel Bowser
Case number: 1:21-cv-01857
Attorney: Rolf Hazlehurst
In Washington, D.C., CHD stopped the “Minor Consent for Vaccination Act of 2020” which allowed children to get COVID and other shots without parental knowledge or consent. The Act went as far as to scrub the insurance records so there was no chance the parents could become aware the vaccination occurred through medical records.
The U.S. District Court for the District of Columbia issued an order granting a preliminary injunction to prohibit the mayor of the District of Columbia, the D.C. Department of Health and D.C. public schools from enforcing the D.C. Minor Consent for Vaccination Act of 2020 until further order of the court. Proposed Settlement awaiting approval by the court.
2. CHD-CA/PERK v. PUSD (K-12 Vaccine Mandate case)
VICTORY! Jan. 11, 2022: Court rules local school district has no authority to issue a vaccine mandate.
Case name: CHD-CA/PERK v. Piedmont Unified School District
Attorneys: Jessica Barsotti, Rita Barnett-Rose
Court: Alameda County Superior Court
CHD’s California Chapter sued Piedmont Unified School District (PUSD) arguing that PUSD had no authority to issue a vaccine mandate. The Judge stayed enforcement and granted an expedited hearing on the merits. Following this ruling, PUSD agreed to dismiss its unlawful mandate. The parties have now entered into a confidential settlement agreement.
3. CHD-CA v. LAUSD (K-12 Vaccine Mandate case)
Making a Difference! Dec. 14, 2021: Delayed mandatory COVID vaccination of children in Los Angeles.
Status: In progress
Case name: CHD-CA/PERK v. LAUSD
Attorneys: Nicole Pearson, Rita Barnett-Rose
Court: L.A. Superior Court
CHD’s California Chapter sued Los Angeles Unified School District (LAUSD) as one of the first school districts in California to mandate an illegal COVID-19 vaccination requirement for students ages 12 and over, in violation of existing state vaccination law. On Dec. 14, 2021, following CHD-CA’s attorneys’ request for a preliminary injunction against the unlawful mandate, LAUSD board members voted to “delay implementation” of their announced plan to remove non-compliant students to independent study. Hearing on Petition for Writ of Mandate set for March 8, 2023 Learn more about this case here.
4. Case Against Mandatory PCR Testing for NYC Schoolchildren
Making a Difference! September of 2021: Forced COVID testing of NYC students to attend school was stopped.
Status: Appeal dismissed as moot — testing no longer a prerequisite for attendance.
Case name: Aviles v. de Blasio
Case number: 21-721
Attorneys: Ray Flores, Mary Holland
Parents sued New York City over compulsory in-school COVID testing. In March of 2021, the court ruled compulsory testing was permissible “as long as the school offered a remote option.”
Since there was a remote option for students at that time, the court found mandatory testing permissible. CHD argued that voluntary testing should be optional rather than compulsory, and that remote learning was discriminatory. Following CHD’s legal arguments, NYC lifted mandatory testing and eliminated its remote option, for the 2021/2022 school year. Learn more about this case here.
5. Children’s Health Defense v. Federal Communications Commission
VICTORY! Aug. 13, 2021: CHD makes FCC review its wireless tech guidelines.
Case name: Children’s Health Defense et al. v. Federal Communications Commission
Status: CHD won on appeal
Case number: 21-1075 Appeal/
Attorneys: W. Scott McCullough, Robert F. Kennedy, Jr.
CHD won a historic decision against the Federal Communications Commission (FCC) as the Appellate Court required the agency to provide adequate documentation addressing the potential harms of wireless technology.
The U.S. Court of Appeals for the D.C. Circuit ruled in favor of Children’s Health Defense’s challenge to the FCC’s decision not to review health and safety guidelines regarding wireless technology. The court’s decision states that the FCC failed to provide a reasoned explanation for its determination that its current guidelines adequately protect against harmful effects of exposure to radiofrequency radiation and failed to review the extensive evidence — scientific evidence and evidence of existing sickness — that was filed with the FCC.
6. CHD v. Beechnut
Making a Difference! July 2020: Beechnut labeling foods “100% Natural” changed.
Case name: Children’s Health Defense v. Beechnut
Attorneys: Kim Richman, Robert F. Kennedy Jr.
Court: Superior Court of District of Columbia
CHD sued Beechnut, alleging its “labeling and marketing of [baby food] deceives parents who seek to be mindful of what is contained in the baby foods they provide to their infants.” The case was confidentially settled to the satisfaction of both parties.
7. Kiel v. Regents of the University of CA
Making a Difference! Sept. 29, 2020
Case name: Kiel v. Regents of the University of CA
Status: Students obtained the right to a religious exemption from mandatory flu shots. Case dismissed w/o leave to amend
Case number: HG20072843
Attorneys: Richard Jaffe, Robert F. Kennedy Jr.
Court: CA Alameda Superior Court
CHD supported students, faculty and staff to challenge a flu vaccine mandate in the Univ. of CA system that required them to be vaccinated by November 2020. Students obtained the right to a religious exemption on the grounds of equal protection, which they did not have previously.
8. Gardasil Lawsuits
Fighting Back! CHD files groundbreaking litigation (ongoing) against Merck for dangerous Gardasil vaccine.
Case names: Robi v. Merck and In Re: Gardasil Products Liability Litigation
Case number: Los Angeles Superior Court and Western District of North Carolina Federal Court
Attorneys: Baum Hedlund Firm, Robert F. Kennedy Jr.
Merck is the manufacturer of the human papillomavirus vaccine Gardasil. Internal documents show that Merck cherry-picked its own data to mislead the U.S. Food and Drug Administration and doctors about Gardasil’s safety and efficacy. On Jan. 9, 2019, for the first time since Congress passed the 1986 National Childhood Vaccine Injury Act, a judge heard arguments in open court about vaccine safety and vaccine harms. The Robi case is set to go to trial on May 1, 2023. The 50 (approx.) multidistrict cases are awaiting status and trial-setting conferences.
9. CHD v. Meta Platforms, Inc., (Facebook) et al.
Making a difference! Fighting back against censorship.
Status: Awaiting the 9th Circuit’s ruling after CHD’s May 17 argument.
Case number: 21-16210
Attorneys: Roger Teich, Jed Rubenfeld, Robert F. Kennedy Jr., Mary Holland
Children’s Health Defense (CHD) has filed a significant First and Fifth Amendment lawsuit against Facebook, Mark Zuckerberg and two of Facebook’s “fact-checkers” for illegal censorship and “taking” under “color of law,” as well as false promotion/false misrepresentations under federal law (Lanham and RICO Acts).
On Nov. 13, CHD filed its 150-page First Amended Complaint in the U.S. District Court in San Francisco, California. After a dismissal, CHD filed an appeal. The case is currently on appeal and the 9th Circuit Court of Appeals in California on May 17, 2022 held oral arguments.
10. CHD v. Rutgers University
Pushing Back against the first major university to require student COVID vaccinations!
New Jersey Federal District Court
Status: Awaiting the Court’s ruling on Defendants’ Motion to Dismiss. Final papers were filed Jan. 31, 2022.
Court: New Jersey District Court
Case Number: 3:21-cv-15333-ZNQ-TJB
Attorneys: Julio Gomez, Mary Holland, Ray Flores
On March 24, 2021, Rutgers University announced it would become the first major university to require vaccinations. On Aug. 16, CHD along with 18 students filed a lawsuit in federal court against Rutgers, its board of governors, Rutgers President Jonathan Holloway and others over the university’s decision to mandate COVID vaccines for students attending school in the fall. CHD argues Rutgers’ mandate is illegal and unconstitutional, doesn’t consider natural immunity or substantive due process and is not authorized by any federal or state law. Plaintiffs are readying an appeal to the 3rd Circuit.
11. NYC’s Religious Exemption Process for All City Employees
Making a Difference! CHD gains national attention alleging financially conflicted judges by filing three motions in 24 hours to disqualify judges in a single case.
Case name: Kane v. de Blasio
Case Number: 21-CV-7863 (VEC)
Attorneys: Sujata Gibson, Barry Black, Mary Holland, Ray Flores
CHD took on New York City’s COVID vaccine mandates that may leave up to 4,000 municipal workers and 700 educators without jobs for refusing to comply with the city’s COVID vaccine mandates, in what will arguably be the nation’s most extreme example of a workforce reduction tied to a vaccine requirement.
On June 20, 2022, U.S. District Judge Valerie E. Caproni of the Southern District of New York issued an order Monday recusing herself from further involvement in two consolidated federal lawsuits challenging New York City Department of Education (DOE) COVID vaccine mandates. Plaintiffs moved to disqualify Judge Caproni last Thursday after discovering she held up to $100,000 in Pfizer stock in 2020.
The Court then appointed Judge Edgardo Ramos to the case. However, Plaintiffs quickly filed a joint motion to disqualify Judge Ramos as well, due to his financial investments in COVID vaccine manufacturers. Last night, Judge Ramos recused himself and was replaced by Judge Naomi Reice Buchwald. Plaintiffs filed yet another motion to disqualify Judge Buchwald after finding that she holds up to $250,000 in Pfizer stock and $100,000 in Johnson & Johnson as of 2020.
12. The State of Louisiana through Jeff Landry v. Gov. Bel Edwards
Making a difference! CHD files an amicus brief, Governor drops Louisiana schools mandate.
Case No.: 714146
Court: 19th Judicial District, E. Baton Rouge, LA
Attorney: Mary Holland
Under a rule promulgated by the Louisiana Department of Health (LDH) and approved by Gov. John Edwards, Louisiana required children to receive COVID vaccines in order to attend school. The mandate expressly applies to kindergartens and covers children age 5 and older.
Children’s Health Defense (CHD) and thousands of concerned parents on March 16 filed an amicus brief in a lawsuit seeking to stop the LDH from adding COVID-19 vaccines to the state’s school immunization schedule. Louisiana has since withdrawn its COVID-19 vaccine requirement.
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