Military Service Members With Natural Immunity File Lawsuit Over Vaccine Mandates

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On August 17 two active duty members, Staff Sergeants Daniel Robert and Holli Mulvihill, of the U.S. Armed Forces filed a lawsuit against the Department of Health and Human Services (HHS), the U.S. Food and Drug Administration (FDA) and the U.S. Department of Defense (DOD). According to a Life Site News article the two service men are filing the suit “on behalf of themselves and 220,000 active service members who are being forced to get a COVID vaccine despite having had COVID and acquired natural immunity to SARS-CoV-2.

At the heart of the argument by the lead plaintiffs in the suit, Sergeants Robert and Mulvihill, are alleging that the DOD ignored its own regulations under Army Regulation 40-562 (“AR 40-562”) by creating its own definition of “full immunity” which can only be achieved by forced vaccinations. However, Army Regulation 40-562 (“AR 40-562”) provides a presumptive medical exemption from vaccination for documented survivors of an infection because of the natural immunity acquired as a result of having survived the infection.

The CDC issued a Media statement on August 6 claiming that “vaccines offer better protection than natural immunity alone and that vaccines, even after prior infection, help prevent reinfections.” According to the Discussion findings of the CDC report, the study “found that among Kentucky residents who were previously infected with SARS-CoV-2 in 2020, those who were unvaccinated against COVID-19 had significantly higher likelihood of reinfection during May and June 2021.” 

Yet, it's clear that the CDC’s findings lack a consideration of the Delta variant studies which “demonstrated that natural immunity confers longer lasting and stronger protection against infection, symptomatic disease and hospitalization caused by the Delta variant of SARS-CoV-2, compared to the BNT162b2 two-dose vaccine-induced immunity.” In fact, the Defender recently published an article which included a study that showed “the fully vaccinated are 6 to 13 times more likely to get Delta than someone with natural immunity!

No doubt, the case of these service men will potentially establish precedence and begin to open our eyes to the potential harm that COVID vaccines may cause to those with natural immunity.

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