ICWA Weekly News 3-27-24

WA lawsuits keep running afoul of an Obama-era judge🧑‍⚖️; Will FDA settlement in war against ivermectin help WA doctor lawsuits? State chapter of CHD hosts kick-off events with VAX-unVAX RV Tour

Gerald Braude

and

Informed Choice Washington

Mar 27, 2024

In this issue:

Federal Judge Dismisses COVID-19 Shot Mandates Case against Governor Inslee – A Judge’s Pattern of Behavior?
Will FDA Ivermectin Settlement Affect the Turner versus WMC Case?
How to Tell Your Vaccine Injury Story 🚐 A Spotlight on the VAX-unVAX People’s Study RV tour 🚐 Events to Kick-off Washington State Chapter of Children’s Health Defense

March 22, 2024 Episodes of Informed Life Radio - Links

Health Hour: Restoring Ethical Science

Announcing the launch of the World Society for Ethical Science

Guest: Lori Martin Gregory, Xavier Figueroa PhD

Liberty Hour: Paralyzed by Pfizer

Guest: Drew Outstanding Infield

Federal Judge Dismisses COVID-19 Shot Mandates Case against Governor Inslee – A Judge’s Pattern of Behavior

On March 18, 2024 in the Unites States District Court, Eastern District of Washington, Judge Thomas O. Rice dismissed the case pursued by twelve Shriners Children’s Spokane employees against Governor Jay Inslee, as well as denying the motion to file an amended complaint. Shriners Spokane fired the twelve plaintiffs for refusing to take the COVID-19 shots.

(Hang in there through all our legal quotations; believe us that we narrowed the information down a lot!)

Judge Rice wrote the following on page twenty-three of his decision:

“The Court has ruled that Defendant Governor Inslee has immunity for all claims pressed against him under Section 1983, and that the Shriners Defendants were not state actors for purposes of Section 1983. The Court has further found that Plaintiffs have failed to state a cause of action under their state law claims.”

One of the main controversies called out in the case is the timing of the Governor’s mandate for healthcare workers occurring so close to when the Pfizer COVID-19 shot received FDA ‘approval’ in late August of 2021. Prior to the ‘approval,’ the plaintiffs argued that the jab was only on the market as an Emergency Use Authorization (EUA) product and, as an “investigational” drug, it could not be mandated.

Judge Rice explained on page eleven of the dismissal filing (be glad we’re summarizing the document for you ;-)

“These claims fail from the outset because, as this Court and several others have now concluded, Plaintiffs cannot establish that the Proclamation subjected them to any kind of “investigational” drug use. As explained in this Court’s prior Order on the Shriners Defendants’ motion to dismiss, the Pfizer-BioNTech vaccine available to Plaintiffs before the October 18 deadline was not “investigational” but instead fully approved by the FDA: the Pfizer-BioNTech and Comirnaty vaccines were identical in all but name. ECF No. 42 at 15 (citing Johnson v. Brown, 567 F. Supp. 3d 1230, 1247 (D. Or. 2021); Curtis v. Inslee, --- F. Supp. 3d ----, 2023 WL 8828753, at *2 (W.D. Wash. Dec. 21, 2023)). Moreover, because it is undisputed that Plaintiffs rejected the FDA-approved Pfizer vaccine, Plaintiffs cannot claim that they were unlawfully “subjected” to any investigational medical product or procedure. ECF No. 1 at 87-88, ¶ 325. As such, the facts do not indicate that Defendant’s conduct violated any constitutional or statutory right under the EUA or related laws or treaties, and Defendant is entitled to qualified immunity on this issue.”

But the following chronology of two events show that Judge Rice’s argument has at least one glaring flaw:

Inslee’s proclamation mandating shots for all state employees and healthcare workers, which would of course include Shriner’s Spokane, was issued on Monday, August 9, 2021, and reported by the Spokesman Review:

OLYMPIA – State employees and private health care and long-term care employees must get vaccinated for COVID-19 by Oct. 18 as a condition of employment, Gov. Jay Inslee announced Monday.

This would mean that Inslee’s mandate was directing the use of an EUA “investigational” product for fourteen days, since FDA ‘approval’ did not occur until August 23. An article in The Defender verified this and called out flaws in the FDA decision:

FDA grants full approval of Pfizer vaccine, critics blast agency for lack of data, scientific debate
The U.S. Food and Drug Administration (FDA) Aug. 23 granted full approval to Pfizer’s “Comirnaty” COVID vaccine for people 16 years and older — without allowing public discussion or holding a formal advisory committee meeting to discuss data.
This is the first COVID vaccine approved by the FDA, and is expected to open the door to more vaccine mandates by employers and universities.

Brian Ward, a litigation consultant to the Shriner Spokane plaintiffs, says all is not lost. He agrees the time between the Governor’s mandate and FDA ‘approval’ is a problem for the defendants and not so easily passed off as Judge Rice has done. His team expected the Shriner dismissal, especially given the dismissal of a similar PeaceHealth case, but did not expect the specific rationale Judge Rice used.

“We will appeal both the Shriner Spokane and Peacehealth dismissals, and expect the Ninth Circuit Court to join the two cases and find in our favor,” Ward said.

Brian Ward is anticipating many upcoming legal actions, some groundbreaking, that he’ll document on his site CovidPenalty.com. He hasn’t asked for much financial help for his previous work, but he is for this next phase of filings. ICWA encourages that you GiveSendGo to his cause.

Going back to fall of 2021,’ Children’s Health Defense (CHD) journalists called the FDA ‘approval’ of the Pfizer Comirnaty COVID-19 gene therapy shot a “bait and switch” tactic. They include an excellent explanation of EUA as it was intended with respect to the U.S. Code for human experimentation – based on the tenets of the Nuremburg Code.

FDA approval letter causes confusion, raises questions
Buried in the fine print of Monday’s approval of the Pfizer Comirnaty vaccine are two critical facts that affect whether the vaccine can be mandated, and whether Pfizer can be held liable for injuries, according to Children’s Health Defense Chairman Robert F. Kennedy Jr. and Dr. Meryl Nass.
Kennedy and Nass, who accused the FDA of pulling a “bait and switch” on the public, said the FDA acknowledged that while Pfizer has “insufficient stocks” of the newly licensed Comirnaty vaccine available, there is “a significant amount” of the Pfizer-BioNTech COVID vaccine — produced under Emergency Use Authorization (EUA) — still available for use…
Second, the FDA said the licensed Pfizer Comirnaty vaccine and the existing EUA Pfizer vaccine are “legally distinct,” but said their differences do not “impact safety or effectiveness.”
Kennedy and Nass said EUA products are experimental under U.S. law. Both the Nuremberg Code and federal regulations provide that no one can force a human being to participate in this experiment.
Under 21 U.S. Code Sec.360bbb-3(e)(1)(A)(ii)(III), “authorization for medical products for use in emergencies,” it is unlawful to deny someone a job or an education because they refuse to be an experimental subject, they wrote.
At least for the moment, the Pfizer Comirnaty vaccine has no liability shield. Vials of the branded product, which say “Comirnaty” on the label, are subject to the same product liability laws as other U.S. products, Kennedy and Nass said, adding that “Pfizer is therefore unlikely to allow any American to take a Comirnaty vaccine until it can somehow arrange immunity for this product.”

Injuries from COVID-19 countermeasures (e.g., shots, paxlovid, etc.) are still covered under the Pandemic Readiness and Emergency Preparedness (PREP) Act. However, it is plain for all to see that the public health agencies are moving to shield COVID-19 shots and associated injuries under the auspices of the National Childhood Vaccine Injury Act of 1986. The CDC’s Advisory Committee on Immunization Practices (ACIP) has included multiple versions of the shots on the ‘recommended’ schedules as the first needed step. The next likely steps are for the Federal Court of Claims to develop a standard table of vaccine injuries, and then the Secretary of Health can declare the products covered, thereby replacing the PREP Act liability shield with a more durable one.

At the end of August 2021, Children’s Health Defense sued the FDA over this “bait and switch.”

Children’s Health Defense (CHD) on Aug. 31 filed suit in U.S. District Court, Eastern District of Tennessee against the U.S. Food and Drug Administration (FDA) and its acting director, Dr. Janet Woodcock, for their allegedly deceptive, rushed licensure of Pfizer’s Comirnaty vaccine.
CHD argues that the licensure was a classic “bait and switch,” allowing Pfizer, the Biden administration, the U.S. military and employers to exhort people to take “licensed” vaccines when in fact the vaccines available and being administered continued to be the Pfizer-BioNTech Emergency Use Authorization (EUA) vaccines.
According to the lawsuit, the FDA violated federal law when it simultaneously licensed Pfizer’s “Comirnaty” vaccine and extended Pfizer’s EUA for its vaccine that has the “same formulation” and that “can be used interchangeably,” according to the FDA.
The law (21 U.S. Code § 360bbb-3-(3)) on “authorization for medical products for use in emergencies” requires the EUA designation be used only when “there is no adequate, approved and available alternative to the product for diagnosing, preventing or treating such disease or condition.”
The lawsuit alleges once the FDA approved and licensed Pfizer’s Comirnaty vaccine, there was no further basis for the FDA to preserve the EUA status for the Pfizer-BioNTech vaccine that Pfizer acknowledges has the “same formulation” and is “interchangeable.”
There also is no basis to retain EUA status for other COVID vaccines for the same use and for the same population as Pfizer’s Comirnaty vaccine, according to the complaint.
“The FDA must justify its actions in open court,” said Mary Holland, CHD president and general counsel. “The language of its licensure is nearly incomprehensible, and the result of licensed and unlicensed vaccines for the same indication is arbitrary.”

The current status of this CHD & Miller vs. FDA & Woodcock is unknown to ICWA at this time, but it was appealed to the 6th circuit court in December 2022.

Judge Thomas Rice is now notorious for dismissing the case of former Washington State University Football Coach Nick Rolovich, who sued WSU Athletic Director Pat Chun and Governor Inslee. WSU had fired Rolovich in October 2021 after he filed a religious exemption to avoid taking the mandated COVID-19 shot.

KXLY.com reported the following about Rice’s decision:

"Even if Chun personally disagreed with Plaintiff’s reasons for not getting vaccinated and urged Plaintiff to comply with the Proclamation, his actions do not rise to a constitutional violation," Rice wrote in his decision.

Judge Rice also said the governor's proclamation offered Chun the ability to terminate Rolovich and said:

This Court and many others around the country have consistently found COVID-19 vaccine mandates for state employees are facially neutral and generally applicable, and terminating an employee for failing to comply with a vaccine mandate is a permissible employment action.

Notably, the same Judge Rice has been assigned to the case of Stockton versus Ferguson, as covered in the ICWA Weekly News from March 13.

In that case, Children’s Health Defense (CHD) lawyers, including Robert F. Kennedy Jr., filed a complaint in Federal Court, Eastern District of Washington, against Attorney General Bob Ferguson and the Washington Medical Commission for silencing doctor’s public speech. Stockton v Ferguson plaintiffs include NBA legend John Stockton of Spokane, Dr. Richard Eggleston, Dr. Thomas Siler, Dr. Dan Moynihan, and many as-yet unnamed plaintiffs who have all experienced the effects of misplaced WMC policies.

The complaint rests on the precedent that the public should have access to “soapbox speech,” and that previous legal decisions on professional soapbox speech have stated that it is fully protected by the First Amendment. Actions by the WMC have directly silenced doctors in Washington who spoke out with valid concerns and opinions, which indirectly silenced many other doctors.

As for where Judge Rice stands on First Amendment rights, it is important to take into account that former President Barack Obama nominated him to this federal judicial service in June 2011.

Why is an Obama’s nomination of a judge notable?

The following analysis by Seamus Bruner in his investigative book Controligarchs: Exposing the Billionaire Class, their Secret Deals, and the Globalist Plot to Dominate Your Life reveals where Obama stands on the First Amendment in a April 2022 speech at Stanford University:

About halfway through his speech, Obama said the quiet part out loud: the First Amendment is all but obsolete in today’s corporate-controlled information era. “[The First Amendment] doesn’t apply to private companies like Facebook or Twitter, any more than it applies to editorial decisions made by The New York Times or Fox News,” and “it never has,” Obama said. If the private media outlets and platforms could eliminate free speech irrespective of the First Amendment, the government would not need to censor, Obama argued. But in reality mounting evidence indicated that the Biden administration had been secretly leaning on media corporations to push propaganda, receive more “favorable” news coverage, and censor unapproved narratives.
Obama then emphasized private companies’ obligation to perform “content moderation” (a new Orwellian euphemism for mass censorship) and use their algorithms and other tools to “slow the spread” of bad content.

As for the First Amendment concerning COVID-19, Bruner wrote the following about the speech:

Obama lamented that misinformation was now so dangerous that it was killing people, because “despite the fact that we’ve now, essentially clinically tested the vaccine on billions of people worldwide, around 1 in 5 Americans is still willing to put themselves at risk and put their families at risk rather than get vaccinated.”

Yes, ex-President Obama said it was a “test.”

Later on, Bruner analyzed Obama’s solutions to the former president’s perceived problems of free speech:

Throughout his speech, Obama touted Controligarch-funded outfits committed to activism, the training of journalists, and controlling information, including a Soros-funded NGO called the K-Monitor Association and the MIT Center for Constructive Communication (which receives funding from the Bezos and Gates foundations, Comcast, Google, and a bevy of World Economic Forum partners and sponsors).
Obama also touted the News Literacy Project, which is funded by billionaire foundations, multinational corporations, WEF partners, and mainstream media titans such as Comcast and The Washington Post (along with News Corp, Bloomberg News, The New York Times, and many others).

The News Literacy Project has created digital tools that public schools use to train students on how to recognize misinformation and disinformation, conspiracy theories, and online hoaxes. In 2017, the tax-exempt organization cofounded another information gatekeeper called the News Integrity Initiative.

Will FDA Ivermectin Settlement Affect the Turner versus WMC Case?

Last week, the Silent Majority Foundation (SMF) legal team was in court for a three-day hearing before the Washington Medical Commission (WMC) regarding the license of Dr. Michael Turner. During her opening statement, SMF Attorney Karen Osborne pointed out the WMC’s reliance on the Federal Drug Administration (FDA):

The standard of care adopted by the WMC was based solely on the dictates of the FDA, which itself admits to the use of off-label prescribing and that the approval of a drug does not limit its use solely to its advice or consent. The Statement included the following:
The WMC relies on the U.S. Food and Drug Administration's approval of medications to treat COVID-19 to be the standard of care. While not an exhaustive list, the public and practitioners should take note:
· Ivermectin is not FDA-approved for use in treating or preventing COVID-19.

A day after the three-day hearing, the FDA agreed in a court settlement to remove all its warnings about treating COVID-19 with ivermectin. The successful lawsuit alleged that the agency exceeded its authority when it directed health professionals and patients not to use the Nobel-prizing winning drug.

Within twenty-one days, the agency will remove from its website the consumer update, “Why You Should Not Use Ivermectin to Treat or Prevent COVID-19,” which pictures a doctor and a horse. The FDA posted the update on March 5, 2021.

The FDA will also delete social media posts from Twitter, LinkedIn, Facebook and Instagram posted in 2021 and 2022 with messages such as “You are not a horse. You are not a cow. Seriously, y’all. Stop it.”

The posts suggest ivermectin is not “authorized” for treating COVID-19. The agency also will remove all posts that link to the webpage about the drug.

It has already taken down its Frequently Asked Questions page about ivermectin.

In exchange for removing the internet content, plaintiffs in the lawsuit — Dr. Mary Talley Bowden, Dr. Paul Marik and Dr. Robert Apter — will dismiss their claims against the FDA.

“This is a landmark case and one of the most important wins in the whole COVID era,” said Marik, chief scientific officer of the Front Line COVID-19 Critical Care Alliance (FLCCC) and former chief of Pulmonary and Critical Care Medicine at Eastern Virginia Medical School.

Pierre Kory celebrated the moment by reposting a picture (circa 2021) and adding his satirical comments.

Dr. Pierre Kory, champion of ivermectin use against COVID-19, mocks FDA overreach and social media propaganda

And we thank Dr. Kory for standing his ground. He’s literally saved countless lives.

The question now is how will this landmark settlement play out with Dr. Turner’s case against the WMC?

During the Turner hearing, Osborne pressed the question of why the WMC so dutifully followed the dictates of the FDA:

The WMC uncritically relies upon other government entities to determine the standard of care. As Jefferson said, the government now prescribes our medicine and therefore "keeps" or has control of our bodies.
Using government dictates to determine the standard of care has nothing to do with the actual practice of medicine, nor does it consider the actual experience and understanding of doctors who were treating COVID on the front lines. This means that the traditional definition of the standard of care being "the standard developed in the field by the doctors doing the work" has been rejected for a theoretical standard created by individuals hired by a government entity or working in a lab. All real-world experience of doctors is dismissed as unimportant and useless. Thus, doctors are at the mercy of priori-developed protocols. Our bodies are definitely held by the government, just as Jefferson warned would happen.
Indeed, this reliance on government dictate is contrary to Washington law. Dearinger v Eli Lily & Co Washington Supreme Court Case in 2022 states, "law governing medical practice requires physicians to exercise independent judgment in deciding whether to prescribe a specific drug (“See Dearinger v. Eli Lilly & Co., 199 Wn.2d 569, 580, 510 P.3d 326, 332 (2022).
Indeed, to require that a doctor rely solely on the determination of a long-arm third party such as a drug company or a government agency requires a dereliction of duty by the doctor to exercise independent judgment.
Dr. Turner has exercised independent judgment and acted as a prudent physician would in the same circumstances. He did not rely upon propaganda coming out of the FDA, such as calling Ivermectin horse paste, but rather did his own research. Research he did for a good reason. Like everyone during the pandemic, he wanted to help prevent morbidity and mortality. He was aware that no treatment was going to be 100 percent effective, but he also did not accept the nihilism foisted upon physicians regarding higher-risk individuals such as the elderly. His research indicated that Ivermectin was very safe and possibly effective, particularly early in the disease process. This created a positive risk/benefit analysis, and he began prescribing it to good, though not 100 percent effect.

Hats off to Karen Osborne for such a well composed argument. We await word of a positive outcome from the hearing, whether it’s buoyed by the FDA settlement or not.

Upcoming Events:

The People’s Study with the CHD VAX-unVAX RV Comes to Three Washington locations in April

The Children’s Health Defense VAX-unVAX RV is nearing the end of its tour to gather stories from those injured or from survivors of a family member who died as a result of vaccinations, including but not limited to COVID-19 shots or hospital protocols.

Events - Children's Health Defense Washington Chapter

For those families or individuals who were harmed (injured or survivors of loved ones who died) by vaccines, this is the platform to share your story and help with the healing process. This is your opportunity to be a participant in The People’s Study of vax/unvax families and connect with like-minded people in your local community.

The three Washington events will be in Olympia on Tuesday, April 16, in Seattle on April 17, and in Spokane on April 19.

Contact The People’s Study to Schedule an Interview

The Olympia event is an informal lunch with legislators - Monday, April 16 - noon to 2 p.m. at the Washington State Capitol Campus, 416 Sid Snyder Avenue.

The 42-foot long motorhome, bearing signatures of others harmed by unsafe pharmaceuticals, will be parked from noon-2 PM so the state capitol can bear witness to vaccine injury and that risky pharmaceuticals must always be freely chosen.

JUST ANNOUNCED: A presentation will be given by Dr. Paul Thomas, MD along with DeeDee Hoover LMT,CCT,PMT. In Dr. Paul’s latest venture, he has teamed with DeeDee Hoover to help kids get and stay healthy through KidsFirst4Ever.

A limited number of interview times are available in Olympia.

The Seattle event will be on Wednesday, April 17 from 9 a.m. to 4 p.m. at Westlake Park, 401 Pine Street.

The Refusers will perform music from noon to 1 p.m. After the music, the event will feature speakers until 3 p.m.

The amazing speakers for Seattle:

Dr. Paul Thomas, MD along with DeeDee Hoover LMT,CCT,PMT
In his latest venture, Dr. Paul has teamed with DeeDee Hoover to help kids get and stay healthy through KidsFirst4Ever.
Dr. Brian Hooker, PhD
Chief scientific officer at Children’s Health Defense, author of Vax-Unvax: Let the Science Speak along with Robert F. Kennedy, Jr.
Dr. Michael Breneman, DC
Aiming to practice for 50 years, Dr. Breneman has been a long-time supporter of health freedom in the Pacific Northwest and has a family history to share.
Dr. Sarah Kotlerman, DC
Sarah will be speaking on the options people have to regenerate their central nervous system and removing toxins like vaccine ingredients through chiropractic care.

The Spokane event will be on Friday, April 19 from 8 a.m. to 6 p.m. at a business location hosted by the Eastern Washington Freedom Alliance (EWAFA), 12929 East Sprague Avenue.

The organization will then get back to you to coordinate a fifteen-minute interview time slot to be conducted in this unique motorhome by the wonderful Polly Tommey.

The event will also have speakers from 4 p.m. to 6 p.m. Early pricing for front row seats is $20 and $10 for general. Prices will go up on April 1.

The amazing speaker lineup for Spokane – get your tickets now.

Dr. Scott Jensen, MD
Former candidate for Minnesota Governor. Dad, husband, long-time family physician, and former Minnesota State Senator for Carver County. He called out the strange change to the standard death certificates during COVID.
Dr. Kelly Victory, MD
Dr. Kelly Victory is a residency-trained trauma and emergency specialist with over 30 years of clinical experience. Dr. Victory teamed with Dr. Peter McCullough and others at https://earlycovidcare.org/. She has also been a frequent guest on the Dr. Drew Show https://drdrew.com/people/dr-kelly-victory/
Dr. Jason Kinley, ND
Dr. Kinley practices at Mountain View Vital Medicine, bringing a high-level of service to his patients as a naturopathic doctor.
Dr. Paul Thomas, MD, along with DeeDee Hoover LMT,CCT,PMT, also making the trip from Seattle.
Your MC will be Shawn Needham, RPh.
Moses Lake, WA Pharmacist and author of Sickened: How the Government Ruined Healthcare and How to Fix It. (on Amazon). Shawn and wife Janet host the long-running Health Solutions Podcast.