Demand from Soldiers and Mothers Challenges Mandatory Vaccines Against COVID for Those Who Have Got the Virus

Two staff sergeants, an army and a sailor, have filed a lawsuit against three federal agencies, challenging plans to carry out mandatory vaccinations against military troops against COVID-19.

But their complaint could reach members of all military branches who have had COVID, have recovered and do not want to get the vaccine.

This is because the military’s own regulations seem to say it is not necessary.

Sergeant of the Army General Staff. Dan Robert, drilling sergeant in Fort Bragg, North Carolina, and Marine Staff sergeant. Hollie Mulvihill, an air traffic controller at Marine Corps Air Station New River, North Carolina, filed a lawsuit on Aug. 17 while Secretary of Defense Lloyd Austin announced he would seek approval to mandate the COVID-vaccine. 19 to all troops from 15 September.

The lawsuit is filed against the Department of Defense, the Department of Health and Human Services and the Food and Drug Administration.

On August 30, the two plaintiffs asked U.S. District Court Judge Raymond Moore of the Colorado District to grant a temporary restraining order to stop vaccinations as legal issues are resolved.

On September 1, Moore denied the request for the restraining order, writing that the plaintiff’s attorneys had not shown a legal basis for the harm they intended to avoid.

He noted that the vaccine has been approved by the U.S. Food and Drug Administration and that millions of Americans have received the vaccine without harmful side effects.

The latest Pentagon data released on Sept. 1 shows that an estimated 1.3 million of the 1.9 million active-duty servicemen were partially or fully vaccinated.

Although the judge did not choose to temporarily block the mandatory vaccinations, the lawsuit challenging the order continues through normal court proceedings. According to court records, a trial date has not yet been set.

In question, Dale Saran, one of the plaintiff’s attorneys, told the Military Times that it is the Department of Defense following its own rules.

Army Regulation 40-562 “allegedly exempts from any vaccination requirement for a member of the service that the military is known to have had a documented prior infection,” according to the lawsuit.

A June 13 Army Medical Command briefing obtained by the Military Times cites the same and other regulations before stating that the following is one of the authorized medical exceptions:

“Evidence of immunity based on serological tests, documented infection, or similar circumstances.”

This immunity, according to Saran, can be obtained by having the virus.

“If you get the virus and survive, it’s as good as it gets,” he said.

Some of the languages ​​of the orders Saran has cited indicate that the more than 230,000 members of the service who have tested positive for COVID-19 should not demand the vaccine.

But Saran said this is not what he has been hearing from the troops who have called his offices and advisers.

While his case ran during the legal process, Austin issued a memorandum on Aug. 24 ordering the secretaries of each military department – Army, Navy and Air Force – to “immediately begin full vaccination of all members” in active duty. , reserve or guard, depending on the note.

The note includes exceptions to the warrants.

“Mandatory immunization of members of the Service shall be subject to any identified contraindications and any administrative or other exemptions established in the policy of the Military Department,” Austin wrote.

The Military Times called for clarification on whether “natural immunity,” the immunity received by a person who has contracted a virus and has recovered, was covered by the exemptions noted in the note.

Pentagon employees did not respond to the press on Friday.