Dr. Simone Gold Kicks Kaiser’s Keister

Our heroine Dr. Simone Gold is at it again, this time with a remarkable lawsuit against Kaiser Permanente, the Left Coast healthcare system that has told its 200,000 employees they must get clot-shots. You should email this essay about her work to anyone you know who works for Kaiser:

To download the lawsuit click here.

A tight well-written statement of the lawsuit’s claim appears in the opening to the lawsuit itself. I will quote it here in its entirety.

Introduction

On August 2, 2021, Kaiser Permanente announced that it would mandate that all
of its over 200,000 employees nationwide be vaccinated for the SARS-CoV-2 virus (“COVID”). Doctors, nurses and others within Kaiser have joined Simone as plaintiffs in this lawsuit.

  1. On August 2, 2021, Kaiser Permanente announced that it would mandate that all of its over 200,000 employees nationwide be vaccinated for the SARS-CoV-2 virus (“COVID”).
  2. Plaintiffs are Kaiser Permanente doctors, nurses, and support staff. This is their
    challenge to that mandate.
  3. Plaintiffs assert that a mandatory vaccine cannot be supported when:
    1. Over 99.8% of all those who are infected and ill with COVID survive.
    2. Those who survive obtain robust and durable natural immunity.
    3. The natural immunity so obtained is superior to COVID vaccine-induced
      immunity.
    4. The COVID vaccines are ineffective against the Delta strain of COVID, which the Center for Disease Control (“CDC”) states is the dominant (>99%) strain
      throughout the United States.
    5. The CDC Director acknowledged that the COVID vaccines do not prevent infection or transmission of COVID: “[W]hat the vaccines can’t do anymore is prevent transmission.”1
    6. The CDC acknowledged that the vaccinated and unvaccinated are equally likely to spread the virus.2
    7. The vaccines only reduce symptoms of those who are infected by COVID, but not transmission of the virus. They are, therefore, treatments, and not vaccines as that term has always been defined in the law.
    8. The CDC changed its definition of “vaccine” in August 2021. The CDC formerly described vaccination as “the act of introducing a vaccine into the body to produce immunity to a specific disease.” The definition has since been changed and now reads: “the act of introducing a vaccine into the body to produce protection to a specific disease.”
    9. This is a critical factual and legal distinction. Legal authority to mandate medical treatment only derives under public health regulations. As the CDC holds that Delta is the only strain; that the shots do not stop the transmission of Delta; and that vaccination is mere “protection” against a disease and not “immunity” against the disease; claiming this is a public health mandate is fallacious.
    10. The COVID vaccines cause a significantly higher incidence of injuries, adverse reactions, and deaths than any prior vaccines that have been allowed to remain on the market, and, therefore, pose a significant health risk to recipients, who are, by definition, healthy when they receive the COVID vaccines.
    11. Since, according to the CDC, the COVID vaccines do not prevent the infection or transmission of COVID, while at the same time, also according to the CDC, they result in a significant number of adverse events and deaths, there is no legal basis for mandating them, and Kaiser’s mandate must therefore be struck down.

FOOTNOTES

  1. As the Wuhan vaccine cannot stop transmission of Delta, several studies have proven that the vaccinated are passing the Delta strain amongst each other. For example, as reported by the NEJM, University of San Diego healthcare workers. The New England Journal of Medicine, Resurgence of SARS-CoV-2 Infection in a Highly Vaccinated Health System Workforce (September 30, 2021). https://www.nejm.org/doi/full/10.1056/NEJMc2112981.
  2. https://www.cdc.gov/mmwr/volumes/70/wr/mm7031e2.htm?s_cid=mm7031e2_w

===========================================

Below is the AFLD press release

San Diego, CA – Attorney John Howard and Davillier Law Group, with support from America’s Frontline Doctors (AFLDS) filed a Complaint on Thursday in the U.S. District Court for the Northern District of California against Kaiser Permanente, one of the U.S.’s largest health care organizations. The lawsuit challenges Kaiser’s mandate that all 217,000 employees be vaccinated by September 30, 2021 or be placed on unpaid leave. Employees have until December 1, 2021 or they will be terminated. Over 4,000 employees have reached out to America’s Frontline Doctors for civil rights assistance.

AFLDS has been outspoken that COVID vaccine mandates are both illegal as a matter of law and unsafe as a matter of science. They are illegal because the shots do not stop transmission of Delta and therefore are personal treatment choices only. They are unsafe because they cause the vaccinated to become super-spreaders with extremely high viral loads and because the vaccinated become more critically ill with a higher rate of hospitalization and death than the unvaccinated. In addition, there are far more effective and safer treatments used all over the world. For example, the nation of India has declared its largest state with 240 million population “Covid-free” with a very low vaccination rate but a very high ivermectin usage rate.

AFLDS Litigation Director Mike Hamilton applauds the filing in California this morning, stating “It’s about time that health care workers, and all workers, be given choice over their bodies – there are alternatives.” AFLDS Associate Medical Director Dr. Richard Amerling reinforced the point by stating, “The shots do not stop viral transmission, and it has been shown throughout the world that there are safe and effective alternatives therapies.”

Kaiser Permanente asserts that it is merely following CDC guidelines. The CDC does not have the authority to mandate that all individuals be vaccinated, which has left the opening for many organizations like Kaiser to threaten “no jab, no job.” But as the largest healthcare employer in the nation, Kaiser wields enormous power, and it turns out there is an incestuous relationship between Kaiser and the policy decision-makers who are supposed to be acting independently. The Complaint reveals that the CDC and FDA are working in lock-step with Kaiser to mandate vaccines.

“Kaiser cannot say they’re following the CDC, when Kaiser actually has done what appears to be most of the decision-making for the CDC,” said Attorney George Wentz, the lead attorney on the case. The Complaint shows that Kaiser dominates both the Vaccine Safety Datalink (VSD) which makes recommendations to the CDC and the Advisory Committee on Immunization Practices (ACIP) which makes recommendations to the FDA. Kaiser therefore is acting for and on behalf of the State and subject to constitutional and statutory requirements.

Kaiser’s mandate violates both the Constitution and California State law. The Complaint cites violations of the 14th Amendment both the Due Process Clause and Equal Protection Clause, the California Constitution, Invasion of Privacy, Public Disclosure of Private Facts, Breach of Security for Computerized Personal Information, and Intention Infliction of Emotional Distress. The Complaint alleges the mandate violates multiple inherent constitutional rights, including many rights that have been recognized by the Supreme Court as fundamental, rights to “life,” “property,” “liberty,” “bodily-integrity” and privacy-related rights.

The Constitutional arguments utilizing Jacobson v. Massachusetts are addressed by Attorneys Howard and Wentz who distinguish Jacobson in two ways. First Jacobson applied a small one-time financial penalty but not a severe penalty such as unemployment or unemployability. And second, COVID has a 0.1% infection fatality rate (even lower now with Delta) which is not remotely similar to the 1905 Smallpox outbreak, which had a 33% death rate.

Dr. Simone Gold, who is both a physician and attorney and the founder of the civil rights organization America’s Frontline Doctors, recognizes that “the Kaiser case is our Alamo. Powerful interests will continue to encroach on people’s liberties if we permit them to trample human rights and force shots for a virus to which most of the population is already immune and for which working-age Americans have a 99.98%+ survivability. In addition, Kaiser has acted extraordinarily shamefully. They have done much more than threaten unemployment. They have coordinated with the Federal and State governments to coerce workers through total and permanent industry unemployability.”

Kaiser’s Answer is due on 11/07/21.

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15 comments
  1. Nice to see lawyers using the Cruzan case in their lawsuits.
    Supreme Court has already decided the matter:
    Cruzan v. Director, Missouri Dept. of Health, 497 U.S. 261 (1990)
    (a) Most state courts have based a right to refuse treatment on the common law right to informed consent, see, e.g., In re Storar, 52 N.Y.2d 363, 438 N.Y.S.2d 266, 420 N.E.2d 64, or on both that right and a constitutional privacy right, see, e.g., Superintendent of Belchertown State School v. Saikewicz, 373 Mass. 728, 370 N.E.2d 417.
    (b) A competent person has a liberty interest under the Due Process Clause in refusing unwanted medical treatment.

    I would like to see the courts enforce that case via a “criminal contempt of court”.
    18 U.S. Code § 401. Power of court
    A court of the United States shall have power to punish by fine or imprisonment, or both, at its discretion, such contempt of its authority, and none other, as—

    (3) Disobedience or resistance to its lawful writ, process, order, rule, decree, or command.

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