39
posted ago by Food4theGorg ago by Food4theGorg +39 / -0

Original Complaint link: https://benefitslink.com/src/ctop/legaretta-dnmex-complaint-02282021.pdf

Mitigating Employer Reopening Liability Checklist law article regarding employer mandated vaccines and a lot of useful info regarding OSHA and other workplace requirements for Covid what they can and cannot do to employees.

https://content.next.westlaw.com/Document/I781cba04898311ea80afece799150095/View/FullText.html?contextData=(sc.Default)&transitionType=Default&firstPage=true

21 U.S. Code § 360bbb–3 - Authorization for medical products for use in emergencies https://www.law.cornell.edu/uscode/text/21/360bbb-3

(1) Unapproved product (A) Required conditionsWith respect to the emergency use of an unapproved product, the Secretary, to the extent practicable given the applicable circumstances described in subsection (b)(1), shall, for a person who carries out any activity for which the authorization is issued, establish such conditions on an authorization under this section as the Secretary finds necessary or appropriate to protect the public health, including the following: (i) Appropriate conditions designed to ensure that health care professionals administering the product are informed— (I) that the Secretary has authorized the emergency use of the product; (II) of the significant known and potential benefits and risks of the emergency use of the product, and of the extent to which such benefits and risks are unknown; and (III) of the alternatives to the product that are available, and of their benefits and risks. (ii) Appropriate conditions designed to ensure that individuals to whom the product is administered are informed— (I) that the Secretary has authorized the emergency use of the product; (II) of the significant known and potential benefits and risks of such use, and of the extent to which such benefits and risks are unknown; and (III) of the option to accept or refuse administration of the product, of the consequences, if any, of refusing administration of the product, and of the alternatives to the product that are available and of their benefits and risks. (iii) Appropriate conditions for the monitoring and reporting of adverse events associated with the emergency use of the product. (iv) For manufacturers of the product, appropriate conditions concerning recordkeeping and reporting, including records access by the Secretary, with respect to the emergency use of the product.

The federal government cannot mandate vaccines. There is no case law to support their mandatory vaccines especially when they are for emergency use and no viable long term case studies on its effects have been conducted.