LAW OFFICES — America's Frontline Doctors, etc.; Dr. Scott Jensen, MD; and eight individual plaintiffs v. Xavier Becerra, Secretary of HHS, and HHS, No. 2:21-cv-00702-CLM

Source document: LAW OFFICES; document type: Petition for Temporary Restraining Order.

Full text

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IN THE UNITED STATES DISTRICT COURT FOR

THE NORTHERN DISTRICT OF ALABAMA

AMERICA’S FRONTLINE
DOCTORS, ETC.; and

DR. SCOTT JENSEN, MD,
Individually; and

ELLEN MILLER,
Individually and as Guardian of
3 Minor Siblings; and

JODY SOBCZAK,
Individually and as Father of
2 Minor Children; and

DEBORAH SOBCZAK,
Individually and as Mother of
2 Minor Children; and

LYLE BLOOM,
Individually and as Father of
2 Minor Children; and,

JULIE BLOOM,
Individually and as Mother of
2 Minor Children; and

ANDREA MCFARLANE, RN
Individually and as Mother of
4 Minor Children; and

JENNIFER GREENSLADE,
Individually and as Mother of
2 Minor Children; and
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Case No. _______________________

PETITION FOR TEMPORARY
RESTRAINING ORDER
FILED
 2021 May-20  AM 11:34
U.S. DISTRICT COURT
N.D. OF ALABAMA
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STEVEN M. ROTH, MD,
Individually; and

MATT SCHWEDER,
Individually and as Father of
a Minor Child.

Plaintiffs,

vs.

XAVIER BECERRA, Secretary of
the U.S. Department of Health
and Human Services, and U.S.
DEPARTMENT OF HEALTH
AND HUMAN SERVICES, AND
John & Jane Does I-V; Black &
White Partnerships; and ABC
Corporations I-V,

Defendants.
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“The Constitution of this Republic should make special provision for
medical freedom. To restrict the art of healing to one class will
constitute the Bastille of medical science. All such laws are un-
American and despotic. … Unless we put medical freedom into the
constitution the time will come when medicine will organize into an
undercover dictatorship and force people who wish doctors and
treatment of their own choice to submit to only what the dictating
outfit offers.” Attributed to Dr. Benjamin Rush – Founding Father,
signer of the Declaration of Independence and personal physician to
George Washington.

“The more it (vaccination) is supported by public authorities, the more
will its dangers and disadvantages be concealed or denied.”  M. Beddow
Bayly – Physician.

“Kids are one third of our population and all of our future.
Kids are never the experiment. Protect the Children.” AFLDS.

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PETITION FOR TEMPORARY RESTRAINING ORDER

I. SUMMARY

Plaintiffs bring before the Court today a request for a Temporary
Restraining Order (“TRO”) against the U.S. Department of Health and
Human Services (DHHS), and the relevant subagencies and personnel
including but not limited to the Food and Drug Administration (FDA),
Centers for Disease Control and Prevention (CDC), National Institutes of
Health (NIH), the DHHS Secretary, the DHHS Assistant Secretary for
Preparedness and Response, and the DHHS Vaccines and Related Biological
Products Advisory Committee, seeking temporary injunctive relief against
any existing or further authorization for use in children under the age of 16,
of any of the COVID-19 “vaccines”1 that have been approved under the
Emergency Use Authorization (“EUA”) provided in 21 U.S. Code § 360bbb–3.
In this Motion, Plaintiffs ask only that the status quo be maintained - that
the EUAs not permit the use of  COVID-19 vaccines in children under the age

1 Plaintiffs explicitly reject the term "vaccine" as a description of the injections
approved under EUA for use in reducing the symptoms of COVID-19. The
traditional definition of a vaccine as given by Cambridge Dictionary is “a substance
containing a virus or bacterium in a form that is not harmful, given to a person or
animal to prevent them from getting the disease that the virus or bacterium
causes.” This definition is the one relied upon by health care professionals and the
lay public since vaccines first emerged, but recently has been altered in a number of
places to allow for the synthetic and experimental material colloquially referred to
as the “COVID-19 vaccines” to be included. Plaintiffs will refer to the injections of
this material as the “vaccine” or “injection” for purposes of this filing but reject the
categorization.
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of 16, and that no further expansion of the EUAs to children under the age of
16 be granted prior to the resolution of these issues at trial.  Such relief
would protect the lives and safety of millions of children in the American
public for whom serious illness and mortality from COVID-19 represent a
zero percent (0%) risk statistically, but who face substantial risks from these
experimental injections.
Plaintiffs not only face the imminent threat of irreparable injury of
various types absent a TRO, but they also represent a diverse cross-section of
the American public. They are doctors and other medical professionals. They
are parents and children. They are coaches and mentors. They are healthy,
and they suffer from underlying conditions. They are from various states.
They are from various walks of life. They are individuals and organizations.
They are experts and they are lay people. Most or all have been fully
vaccinated in the past. And they all have one thing in common. Absent the
requested relief, each of their lives stands to be inexorably and irreparably
altered forever.
Plaintiffs will bring suit in the near future. The case will challenge the
EUAs for the injections on several counts. It will be made clear to the Court
in that case, based on the law and well-founded scientific evidence, that: the
EUAs should never have been granted, the EUAs should be revoked
immediately, the injections are dangerous biological agents that have the
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potential to cause substantially greater harm than the COVID-19 disease
itself, and numerous laws have been broken in the process of granting these
EUAs and pushing these injections on the American people.
In the specific instance of minor Plaintiffs under 16, the Court must
consider that an “EUA requires that an intervention address a serious or life-
threatening condition2, and for known and potential benefits of the
intervention to be balanced against the known and potential harms.”  There
is not even a pretense of a factual basis that COVID-19 represents a serious
or life-threatening condition for children under 16, since the CDC
acknowledges they face 0% risk of mortality from COVID-19 statistically.
The Complaint will include claims for, inter alia (1) a declaration that
the extension of the EUAs for the COVID-19 vaccines making them available
for use in children under the age of 16 violates 45 CFR § 46.401, et seq.,
which applies to "all research involving children as subjects, conducted or
supported by [DHHS]"; (2) an order enjoining the use of COVID-19 vaccines
in children under the age of 16, until such time as the DHHS Secretary has
complied with 45 CFR § 46.401, et seq.; and (3) claims for civil money
damages against individual government officials within DHHS, in their
personal capacities, for violations of the Constitution, under 42 U.S.C. § 1983.

2 https://blogs.bmj.com/bmj/2021/05/07/covid-vaccines-for-children-should-not-get-emergency-
use-authorization/
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On May 11, 2021, without any prior notice, the FDA extended the EUA
issued for the Pfizer-BioNTech COVID-19 Vaccine for use in 12 to 15 year-old
children.  Given the extreme exigencies, Plaintiffs are seeking the temporary
relief set forth herein even before filing their Complaint.  Studebaker Corp. v.
Griffin, 360 F.2d 692, 694 (2d Cir. 1966); United States v. Lynd, 301 F. 2d
818, 823 (5th Cir. 1962) ("The grant of a temporary restraining injunction
need not await any procedural steps perfecting the pleadings"); National
Organization for Reform of Marijuana Laws v. Mullen, 608 F.Supp. 945, 950
n. 5 (N.D. Cal. 1985) ("[o]wing to the peculiar function of the preliminary
injunction, it is not necessary that the pleadings be perfected, or even that a
complaint be filed, before the order issues").
II.  PLAINTIFFS
1.
America’s Frontline Doctors ("AFLDS") is a non-partisan, not-for-
profit organization of hundreds of member physicians that come from across
the country, representing a range of medical disciplines and practical
experience on the front lines of medicine. AFLDS’ programs focus on a
number of critical issues, including:
•
Providing Americans with science-based facts about COVID-19;
•
Protecting physician independence from government overreach;
•
Combating the “pandemic” using evidence-based approaches without
compromising Constitutional freedoms;
•
Fighting medical “cancel culture” and media censorship;
•
Advancing healthcare policies that protect the physician-patient
relationship;
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•
Expanding COVID-19 treatment options for all Americans who need
them; and
•
Strengthening the voices of front-line doctors in the national healthcare
conversation.
AFLDS’ core beliefs, shared by each of its member health care
professionals, include the following:
•
That the American people have the right to accurate information using
trusted data derived from decades of practical experience, not
politicized science and Big Tech-filtered public health information.
•
That critical public health decision-making should take place away
from Washington and closer to local communities and the physicians
that serve them. They are steadfastly committed to protecting the
physician-patient relationship.
•
That
front-line
and
actively
practicing
physicians
should
be
incorporated into the nation’s healthcare policy conversation.
•
That safe and effective, over-the-counter COVID preventative and early
treatment options should be made available to all Americans who need
them. They reject mandatory government lockdowns and restrictions
not supported by scientific evidence. They support focused care for the
nation’s at-risk population, including seniors and the immune-
compromised.

AFLDS, through its member physicians, is deeply committed to
maintaining the physician-patient relationship in the face of government
encroachment.
Each of AFLDS’ member physicians is also deeply committed to the
guiding principle of medicine, “FIRST, DO NO HARM”. They take gravely
their ethical obligations to their patients. It is axiomatic that a physician’s
duty is to his or her patient.
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AFLDS has recommended that the experimental Covid-19 vaccines be
prohibited for use in the under-20 age category, and strongly discouraged for
use in the healthy population above the age of 20 through the age of 69.
These recommendations have two sound and broadly scientific foundations
upon which they are based. First, there is the undeniable fact that the Covid-
19 vaccines are experimental and either lack clinical testing or have
presented serious risks for young people in the 12 to 15 age group.  The risks
and safety evidence based upon such trials as there are, cannot justify the
use of these vaccines in younger persons. Because AFLDS has taken the
science-based position that it is unethical even to advocate for Covid-19
vaccine administration to persons under the age of 50, its and its membership
cannot administer it or support any agency that attempted to do so for
juvenile persons in the 12 to 15 age category.
It should be noted here that AFLDS is NOT against vaccines generally
as a class of medical interventions. It has praised the speedy progress of the
vaccine development program. It has taken care to ensure clarity in its
position regarding support of the proper use of approved vaccines and the
proper application of emergency use authorizations. It holds sacrosanct the
relationship between doctor and patient where truly informed decisions are to
be made, taking into consideration all of the factors relating to the patients’
health, risks, co-morbidities and circumstances.
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Given these considerations it would be grossly unethical and therefore
impossible for AFLDS members to stand idly by while their patients and
their patients’ families are subjected to the imminent risk of experimental
COVID-19 vaccine injections being administered to minor children. If the
EUAs are allowed to stand unrestrained and extended to young children in
the 12-15 year age group, AFLDS member physicians will be forced into
further untenable positions of unresolvable conflict between their ethical and
moral duties to their patients, and the demands of many of the hospitals in
which they work.
Many of AFLDS member physician’s employers subscribe to and follow
the recommendations of the American Medical Association ("AMA"). In a
special meeting in November of 2020, the AMA's Council on Ethical and
Judicial Affairs, updated a previously published Ethics Opinion in
the AMA Code of Medical Ethics  as opinion 8.7, “Routine Universal
Immunization of Physicians.”
In this updated opinion, the astonishing position was taken that not
only do physicians have an ethical and moral obligation to inject themselves
with the experimental COVID-19 vaccination, but they also have an ethical
duty to encourage their patients to get injected with the experimental
COVID-19 vaccination. The ethics opinion repeatedly uses the phrase “safe
and effective” as a descriptor for the experimental COVID-19 vaccination.
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The AMA's ethics opinion goes on to state that institutions may have a
responsibility to require immunization of all staff!
“Physicians and other health care workers who decline to be
immunized with a safe and effective vaccine, without a
compelling medical reason, can pose an unnecessary medical risk
to vulnerable patients or colleagues," said AMA Board
Member Michael Suk, MD, JD, MPH, MBA. “Physicians must
strike an ethical balance between their personal commitments as
moral individuals and their obligations as medical professionals.”
The ethical opinion adopted by the AMA House of Delegates says
that doctors “have an ethical responsibility to encourage patients
to accept immunization when the patient can do so safely, and to
take appropriate measures in their own practice to prevent the
spread of infectious disease in health care settings.
[. . .]
“Physician practices and health care institutions have a
responsibility to proactively develop policies and procedures for
responding to epidemic or pandemic disease with input from
practicing physicians, institutional leadership, and appropriate
specialists,” says the updated opinion. “Such policies and
procedures should include robust infection-control practices,
provision and required use of appropriate protective equipment,
and a process for making appropriate immunization readily
available to staff. During outbreaks of vaccine-preventable
disease for which there is a safe, effective vaccine, institutions’
responsibility may extend to requiring immunization of staff.3
(emphasis added)
It is clear from this ethics opinion that AFLDS member physicians
would be considered by their employers to be both morally and ethically
bound by a duty to encourage 12-15 year old minors to receive the
experimental COVID-19 vaccination injection.

3 https://www.ama-assn.org/delivering-care/public-health/are-physicians-obliged-get-vaccinated-
against-covid-19
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The AMA even offers a “COVID-19 VACCINE SCRIPT FOR PATIENT
INQUIRIES”.4 Despite being styled as a script for inquiries, the script clearly
intends for phone messages and office websites to lead with the following
message for every caller, not simply those who wish to inquire about
vaccines.
The proposed script reads: “We are encouraging our patients to receive
the COVID-19 vaccine when it is available and offered to them.”5
To the extent that the AFLDS member physicians either lack control of
their office website or telephone system, or are simply unaware of the
message that has been placed there absent their knowledge and consent, the
member physicians will have been forced unwittingly into an utterly
untenable position.  Such would create an unresolvable conflict for the
member physicians, and deep confusion for their patients, who would thereby
be receiving irreconcilable and contradictory messages from the same office.
To illustrate just how unresolvable these conflicts are, it is necessary to
consider the massive power of big pharmaceutical companies over the
institutions who employ the physicians and the ease with which a physician’s
career can be destroyed through widely unregulated reporting which opens
an investigation that can and often does render the physician virtually

4 https://www.ama-assn.org/system/files/2021-01/covid-19-vaccine-patient-inquiry-script.pdf
5 https://www.ama-assn.org/system/files/2021-01/covid-19-vaccine-patient-inquiry-script.pdf
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unemployable. Not only do physicians have to choose between their ethical
obligations to their patient to do no harm and their current job; the reality is
that many of them will be choosing between their patients and their medical
career.
It is critical to point out that for AFLDS member physicians, the
practice of medicine is not simply a job. Neither is it merely a career. Rather,
it is a sacred trust. It is a true high calling that often requires a decade or
more of highly focused sacrificial dedication to achieve. The depth and the
horror of the bind that this ethics opinion places the member physicians of
AFLDS in, simply cannot be overstated.
To grasp the irreparable nature of the harm they face, one must
consider the ease with which even an anonymous report can be made that
may injure or haunt a physician’s career.6 The National Physicians Database
("NPDB") was created by Congress with the intent of providing a central
location to obtain information about practitioners. However, as Darryl S.
Weiman, M.D., J.D. pointed out, the “black mark of a listing in the NPDB
may not accomplish what the law was meant to do; identify the poor
practitioner.”7 Weiman goes on to point out that “It is the threat of a NPDB

6 https://aapsonline.org/doctors-sue-texas-medical-board-for-misconduct-cites-institutional-
culture-of-retaliation-intimidation/ (Doctors were retaliated against and disciplined based on
anonymous reports).
7 https://www.huffpost.com/entry/the-national-practitioner_b_13173046
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report which prevents the open discussion, fact-finding, and broad based
analysis and problem solving which was the intent of the meaningful peer-
review of the HCQIA.”8
The gross imbalance of equities between an individual physician and
the various large institutions and pharmaceutical companies which exert
tremendous sway over his or her professional calling has many physicians
fearful of pushing back against such ethical binds as have been described
above.9 Many physicians have a family and medical school debts to consider
and should never be forced into such a bitter double bind.
The types of harm the AFLDS member physicians are inevitably
subjected to by this extension of the EUAs to inject 12-15 year old minors
with the experimental COVID-19 vaccine is truly irreparable. Such harm
strikes at the moral and ethical underpinnings of their calling as a physician
and drives irreparable wedges into the sacred doctor-patient relationship that
cannot be healed and certainly cannot be addressed with monetary damages.
2.
Dr. Scott Jensen, MD is a board-certified family medicine
physician of 40 years. Dr. Jensen resides and practices in the state of
Minnesota, where he was honored as the “Minnesota Family Physician of the
Year” in 2016. Dr. Jensen is well aware the children in the 0-16 year old age

8 Id.
9 https://aapsonline.org/doctors-sue-texas-medical-board-for-misconduct-cites-institutional-
culture-of-retaliation-intimidation/ (Doctors were retaliated against and disciplined based on
anonymous reports).
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group have a 0% chance statistically of dying from COVID. As to the EUAs
for the experimental COVID-19 vaccines, Dr. Jensen is keenly aware of the
risks and benefits of these investigational agents as well as the current
vaccine schedule for other diseases. Given that the statistical chance of death
for children ages 0 to 16 is 0%, Dr. Jensen believes it would be reckless to
subject anyone in that age group to the experimental COVID-19 vaccine. To
recommend something that he considers reckless would violate his oath as a
doctor and place him in an untenable position. It would place his young
patients in that age group at risk and create similar conflicts to those
described in the preceding paragraphs relating to the AFLDS member
physicians. In addition, and based on the facts and statistics set forth in Dr.
Jensen's Declaration attached hereto and incorporated herein by reference as
Exhibit A, Dr. Jensen believes the use of coercion in the 0-16 year old age
group that is not at risk of harm from COVID-19 would irreparably
undermine public trust in all vaccines. He therefore requests an immediate
temporary restraining order to halt the extension of the EUAs of the
experimental COVID-19 vaccine for any and all ages under 16.
3.
Ellen Millen (Ellen) is a resident of Huntsville, Alabama. Ellen is
the Guardian of three siblings ages 5, 4 and 4. These children have been
entrusted to her by Child Protective Services and she is responsible for
making medical decisions for them. Ellen has obtained a medical exemption
for vaccines and neither she nor their biological parents wish the children to
receive the experimental COVID-19 vaccination. Ellen stands not only for the
children currently in her care but for those who may be placed in her care in
the future. She stands for her 22-year-old son and four other children who are
unable to stand for themselves in opposing the application of the
experimental COVID-19 vaccination to children of all ages who are at NO
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statistical risk of death from COVID-19. Without a temporary restraining
order as requested in this motion Ellen knows that the children in her care
will face overwhelming pressure to receive the experimental COVID-19
vaccination injection from friends, parents of friends, sports organizations,
summer camps, schools and colleges. The fear and pressure that this fragile
at-risk population of children will be subjected to if the temporary restraining
order is not granted is greater than that which is often faced by children from
intact nuclear families. The nature of their placement outside of their home
and away from their biological family leaves them particularly susceptible to
the pressures and the fear mongering that they will receive from peers and
authority figures. The harm that they will undergo emotionally, mentally,
and/or physiologically is precisely the type of harm considered irreparable by
the law in this case. The trauma that is created in this type of a situation will
quite likely be carried for life, and no amount of damages can possibly erase
the effects. Ellen’s Declaration is attached hereto and incorporated here by
reference as Exhibit B. Ellen seeks an immediate temporary restraining
order to halt the extension of the EUAs for the experimental COVID-19
vaccines for any and all children 15 years old and younger.
4.
Jody Sobczak (Jody), of Huntsville Alabama, is the father of two
minor children ages 15 and 17. Jody has researched the experimental
COVID-19 vaccines and fiercely opposes their use in healthy children of any
age. He knows that his own children are placed at immediate and irreparable
risk of harm by extending the EUAs for the experimental COVID-19 vaccines
to adolescents. Jody is well aware that there are safe and effective alternative
treatments readily available, and he adamantly opposes the suppression of
those treatments in favor of experimental and potentially life-threatening
agents. Jody’s Declaration is attached hereto and incorporated herein as
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Exhibit C. Jody seeks an immediate temporary restraining order to halt the
extension order of EUAs for the experimental COVID-19 vaccines for any and
all children 15 years old and younger.
5.
Deborah Sobczak (Deborah), of Huntsville Alabama, is the
mother of two minor children ages 15 and 17. Deborah has researched the
experimental COVID-19 vaccines and also fiercely opposes their use in
healthy children of any age. She knows that her own beloved children are
placed at immediate and irreparable risk of harm by extending the EUAs of
the experimental COVID-19 vaccine to adolescents. Deborah is well aware
that there are safe and effective alternative treatments readily available and
she adamantly opposes the suppression of those treatments in favor of
experimental and potentially life-threatening agents. Deborah’s Declaration
is attached hereto and incorporated herein by reference as Exhibit D.
Deborah seeks an immediate temporary restraining order to halt the
extension of the EUAs for the experimental COVID-19 vaccines for any and
all children 15 years old and younger.
6.
Lyle Bloom (Lyle), of Huntsville, Alabama, is the father of two
children ages 10 and 16, and the father of one young adult age 21. Lyle has
researched the experimental COVID-19 vaccines and fiercely opposes their
use in healthy children of any age. He knows that his own children are placed
at immediate and irreparable risk of harm by extending the emergency use
authorizations of the experimental COVID-19 vaccine to adolescents. Lyle is
well aware that there are safe and effective alternative treatments readily
available and he adamantly opposes the suppression of those treatments in
favor of experimental and potentially life-threatening agents. Lyle’s duly
executed Declaration is attached hereto and incorporated herein as Exhibit
E. Lyle seeks an immediate temporary restraining order to halt the extension
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of EUAs of the experimental COVID-19 vaccines for any and all children 15
years old and younger.
7.
Julie Bloom (Julie), of Huntsville Alabama, is the mother of two
children ages 10 and 16, and the mother of one young adult age 21. Julie has
researched the experimental COVID-19 vaccines and also fiercely opposes
their use in healthy children of any age. She knows that her own beloved
children are placed at immediate and irreparable risk of harm by extending
the EUAs for the experimental COVID-19 vaccines to adolescents. Julie is
well aware that there are safe and effective alternative treatments readily
available and she adamantly opposes the suppression of those treatments in
favor of experimental and potentially life-threatening agents. Julie’s duly
executed Declaration is attached hereto and incorporated herein as Exhibit F.
Julie seeks an immediate temporary restraining order to halt the extension of
EUAs for the experimental COVID-19 vaccines for any and all children 17
years old and younger.
8.
Andrea McFarlane, RN (Andrea) of Huntsville, Alabama
currently works as a trauma/ICU nurse at Vanderbilt. She is the mother of 4
children, 10, 12, 14 and 16. As a nurse, Andrea has seen tremendous pressure
placed on staff to get the experimental COVID-19 vaccines. Even medical
staff that have had COVID-19 are pressured relentlessly to take the
experimental COVID-19 vaccines. It is well known among the staff that
taking the experimental COVID-19 vaccines will leave you sick for days, and
they accommodate for the expected sick reactions in their staffing plans.
Andrea is also in school and as a student she is pressured and incentivized to
get “vaccinated”. As a mother, Andrea knows only too well the tremendous
pressure her boys will be under to get “vaccinated”. They will be under social
and school pressure and Andrea deeply fears for their safety. She has studied
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the vaccine. She knows that it is experimental and that it has proven harmful
in many cases. She knows that her children are not at risk from COVID-19
and believes it should be illegal and that it is immoral to give an
experimental and untested vaccine to children who are not at risk. She
believes that if the TRO is not granted, not only will her children be at grave
risk of irreparable harm, but she will be subjected to pressure in her
profession to comply with an immoral policy. We know that the AMA through
their ethics opinion set forth above in this Motion has already opined that
institutions will likely have an obligation to require that their staff get
injected with the experimental COVID-19 vaccinations. Should this happen,
Andrea will be unable to work because she will not follow a policy that she
believes is immoral. Andrea’s duly executed Declaration is attached hereto
and incorporated herein by reference as Exhibit G.  Andrea is asking that
this Court immediately impose the requested TRO in order to protect her
children as well as herself from the grave risk of immediate and irreparable
harm.
9.
Jennifer Greenslade (Jennifer), of Remlap, Alabama, has an
autoimmune disorder for which she takes medicine on a daily basis. She has
researched the experimental COVID-19 vaccines and is aware that to take it
would be to inject herself with an unknown agent that is largely unstudied
but which carries risk to anyone with an autoimmune disease. She fears
deeply for her own health and the health of her children, ages 9 and 12. The
type of disease she has can be hereditary and nobody knows how it might
interact with her children’s health, whereas COVID-19 itself poses no risk of
death to her children whatsoever. Jennifer has two cousins who did allow
themselves to be injected with the experimental COVID-19 vaccines. They
were both healthy prior to the injection. They became extremely ill after
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being injected and spent weeks on the brink of death in the ICU. They are
now out of the ICU but neither of them can walk and they require care from
their children. This type of vaccine related injury constitutes irreparable
harm. Her cousins were in good health and now they are unable to walk even
though they survived the initial onslaught of the vaccine related sickness.
Jennifer's health is not strong and her children may have inherited her
autoimmune disorder. If they are pressured or mandated to take the vaccine
and experience reactions similar to Jennifer's cousins’ reactions, she and her
children might not survive. For a mother of two small children it is a stark
and terrifying concern to think that they may be killed or paralyzed or that
she may be rendered unable to care for them or worse. Jennifer's duly
executed Declaration is attached hereto and incorporated herein by reference
as Exhibit H. She is seeking an immediate temporary injunction on behalf of
herself, her children, and other similarly situated parents against the
extension of the EUAs for children 15 and younger, who are at no risk from
COVID-19.
10.
Steven M. Roth, MD (Dr. Roth), of Alabama, has been a
practicing emergency medicine physician for 13 years. As part of his practice,
Dr. Roth sees patients of all ages. He is aware of the risks and benefits of
these investigational agents as well as the current vaccine schedule for other
diseases. Based on the most recent numbers from the CDC  from May 5, 2021,
anyone under the age of 16 has statistically NO risk of dying of Covid-19.
Dr. Roth has not seen a COVID-19 patient in many months, but he is
currently seeing many patients who come to the emergency department as
post-COVID-19 injection patients. All of these patients came in with COVID-
19 like symptoms that occurred within 48 hours of the injection. All these
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patients required hospital admission. Several of these patients progressed to
death, caused by the vaccine.
Dr. Roth’s concern is that based upon what he is seeing in the
community, and because of the schools asking that students take the
experimental COVID-19 injections and putting obstacles around those  who
do not take it, young people are being pressured to take an experimental
injection, and many are succumbing to that pressure. This is deeply
disturbing to Dr. Roth, because it is universally known that children virtually
never die from COVID-19 and given that children have a very strong immune
system, they are more likely than adults to have an over-reaction to the shot.
This means that there is not only no benefit, but also an increased risk for
children who receive the experimental COVID-19 injections. Also, with all
prior viruses and vaccines, it has been accepted in the medical community
that natural immunity is superior to vaccination, and there is no basis to
believe that would be different with SARS-CoV-2. Because of these factors, it
is actually not preferable to give the vaccine even if it was definitely safe,
which these are not.
In addition, Dr. Roth is extraordinarily concerned that there have
been no animal studies, nor long-term studies, of the COVID-19 vaccines,
especially since prior coronavirus vaccines all caused death in the animals
subjected to them.
Dr. Roth is aware of many thousands of physicians who agree with
him, but who are under great pressure to say nothing. Dr. Roth has
chosen to speak out now, at great personal cost to himself, because the
alternative is unbearable. Dr. Roth could not live with himself if he stood
by and allowed these experimental COVID-19 injections to be inflicted
upon children universally, resulting in death and destruction over the
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years.
He considers it
immoral
and
unconscionable that
this
experimental therapy will be given to children. Not only are children
NOT at risk of death from COVID-19, but they are also NOT mini-adults.
Their organs are still forming, and they are even more vulnerable than
adults to developing auto-immune disease in this situation.
Dr. Roth would be deeply and directly affected by a change in FDA
guidelines regarding vaccines for young people, and as a result he is
imploring this Court to grant an immediate TRO   to halt the approval of the
infliction of the experimental COVID-19 injections upon children. In addition
to the direct threat of irreparable harm posed to Dr. Roth’s young patients,
an additional unwelcome consequence of using coercion to mandate or
pressure the participation of healthy young people who are statistically at
NO risk is the risk of sharply reducing the public trust in all vaccines. This
would also create what can only be described as irreparable harm to the
public generally. Dr. Roth’s duly executed Declaration is attached hereto and
incorporated herein by reference as Exhibit I.
11.
Matt Schweder (Matt) of Lexington, Kentucky, is the father of
one minor daughter, age 15, and an adult son, age 25. Matt’s son is in the
Advanced Nurse Practitioner Program at Vanderbilt University. Matt’s
daughter is an active student and plays soccer for her high school. Matt has,
until recently, coached girls select soccer for a number of years and he is very
aware of the extraordinary power of peer pressure in the life of young
adolescents. Matt’s daughter is subjected to a barrage of peer pressure
regarding vaccinating, which is a constant source of conversation for her
friends, who have been taught to fear that which should hold no fear. In
addition, her school system bombards her with weekly emails, pressuring and
shaming her and her family into allowing themselves to be experimented on
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with the experimental COVID-19 injections. The pressure is so intense that
one of Matt’s daughter’s friends was forced to take the injection by his own
mother, against his will, at the age of 16, and Matt’s daughter had to undergo
the trauma of knowing that her friend had become part of this dangerous
human experiment even though he was adamantly opposed to doing so. Matt
has conducted his own research into COVID-19, and he is well aware that
children under the age of 16 have a 0% chance statistically of dying from
COVID-19.  Matt knows that safe and effective treatments for COVID-19 are
available and he fiercely opposes the suppression of these treatments in favor
of using untested and potentially life-threatening agents against children
who are not at risk. As a father, Matt has witnessed the growing concern his
son has, that his school or potential employer might decide to make the
experimental agents mandatory, which would put his education to waste. The
damages that Matt and his family face are irreparable if this EUA is
permitted to be inflicted upon minor children, whose only risk of death comes
from the vaccine itself. Therefore, Matt urgently moves this Court to find for
his children and the children of America and immediately grant the TRO
sought by this Motion. Matt’s Declaration is attached hereto and incorporated
herein by reference as Exhibit J.

III.  REGULATORY AND FACTUAL CONTEXT

The EUAs for COVID-19 vaccines have been illegal from the start.
There is and has been no bona fide, underlying, epidemiological emergency
from COVID-19.   Instead, an artificial emergency that is nothing more than
a legal construct has been imposed on the population, based on a false
COVID-19 death count (the result of illegal rule changes obliterating the
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distinction between "dying with” and  “dying from” COVID-19 and changing
procedures and definitions for COVID-19 death certificates) and a false
COVID-19 case count (the result of extensive PCR testing deployed at
amplification cycles universally agreed, even by the WHO, the CDC and Dr.
Fauci, to produce false positive test results).
The false emergency and attendant psychological manipulation through
incessant, prolonged, fear-based reporting of the inflated death and case
counts, have culminated in a campaign to coerce the American people to
accept the COVID-19 vaccines, which are untested and unproven biological
agents.
The American public are being misled as to the COVID-19 vaccines on
multiple levels, including inter alia: to believe that they are FDA-approved;
to believe that they are actually and in fact "safe and effective," as opposed to
federal bureaucrats with apparent undisclosed conflicts-of-interest having
determined merely that there is a "reasonable basis to conclude" that they
are safe and effective; that there are no risks and many benefits, whereas in
fact there are many risks and few benefits, particularly for children 15 and
younger;  that they are standard vaccines that involve the injection of dead or
attenuated virus, versus gene therapy; that they prevent infection with
COVID-19, and the transmission of COVID-19 to others; and that there are
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no other effective alternative treatments.10  At the same time, the American
public are being presented with countless incentives to induce their
acceptance of the COVID-19 vaccines, and threats of negative consequences if
they refuse them.  All of this vitiates informed consent.

A.  Regulatory Context.

The central legal issues arise from 21 U.S.C. § 360bbb–3 (which
provides the legal framework for EUAs), as informed by 21 CFR § 202.1
(which relates to the advertising of prescription drugs and which requires a
true statement of information relating to side effects, contraindications and
effectiveness (§ 202.1(e)), customary international law, 21 CFR  Parts 50 and
312, and 45 CFR Part 46 (which describes the requirements for human
experimentation).

(1)
21 CFR § 202.1.
21 CFR § 202.1(e)(3) states specifically that “If any part or theme of the
advertisement would make the advertisement false or misleading by reason
of the omission of appropriate qualification or pertinent information, that
part or theme shall include the appropriate qualification or pertinent
information”.  Advertising is categorically prohibited for an experimental

10 Plaintiffs contend that there are a number of safe and effective alternative treatments available
that have been suppressed for what appears to be financial reasons, and are prepared to present
scientific and medical evidence thereof.
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vaccine that is not yet approved, which is a more stringent standard than for
prescription drugs.
In addition, as Dr. Peter McCullough, the most cited and studied
medical scholar on Covid-19 recently pointed out, there is a formal and overt
collusion between Government stakeholders with a financial interest in the
experimental vaccines, and the media, to actually suppress negative
information about the experimental vaccines, rather than disclose the
information, as any law relating to informed consent would mandate.
Dr. McCullough describes a “whitewash of historic proportions”:
“So I think this was effectively a scrubbing, like we’ve seen
elsewhere. There is a Trusted News Initiative,11 which is very
important for Americans to understand, this was announced Dec.
10, and this is a coalition of all the major media and government
stakeholders in vaccination, where they are not going to allow
any negative information about vaccines to get into the popular
media because they’re concerned about vaccine hesitancy, that if
Americans got any type of fair, balanced coverage on safety
events then they simply would not come forward and get the
vaccine”12 (emphasis added).

The very concept of a consortium of Government stakeholders and
major news outlets suppressing information is a gross violation of the legal
principles further set forth in 21 CFR § 202.1(e)(5), which states in relevant
part:

11 https://www.bbc.com/news/entertainment-arts-55257814
12 https://www.lewrockwell.com/2021/05/no_author/highly-cited-covid-doctor-comes-to-
stunning-conclusion-govt-scrubbing-unprecedented-numbers-of-injection-related-deaths/
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(5) “True statement” of information. An advertisement does not
satisfy the requirement that it present a “true statement” of
information
in
brief
summary
relating
to
side
effects,
contraindications, and effectiveness if:
(i) It is false or misleading with respect to side effects,
contraindications, or effectiveness; or
(ii) It fails to present a fair balance between information
relating to side effects and contraindications and information
relating to effectiveness of the drug…(emphasis added).

Dr. McCullough identifies financial stakeholders as including: “…the
stakeholders – the CDC, NIH, FDA, Big Pharma, World Health Organization,
Gates Foundation – they have made a commitment to mass vaccination”.13
Dr. McCullough further identifies the colluding news outlets as
including:

“The partners signed onto the Trusted News Initiative to date
are: Associated Press, AFP; BBC, CBC/Radio-Canada, European
Broadcasting Union (EBU), Facebook, Financial Times, First
Draft, Google/YouTube, The Hindu, Microsoft, Reuters, Reuters
Institute for the Study of Journalism, Twitter, The Washington
Post. The New York Times has also participated in the past.”14

This type of formal collusion in order to suppress information necessary
for basic informed consent is antithetical to the protective purposes of 21
U.S.C. § 360bbb–3, 45 CFR Part 46 and 21 CFR § 202.1. The very agencies
and officials responsible for protecting the American public from these
experimental COVID-19 vaccines are deeply conflicted by substantial

13 Id.
14 Id.
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financial incentives,15 and are they are pushing to provide what amounts to
costly retail units of experimental agents to children who have no statistical
risk to COVID-19, and do not need these interventions.  Dr. McCullough
suggests there is an incestuous relationship between these agencies and the
pharmaceutical industry which causes the regulators to ignore safety issues:
“A lot of Americans don’t understand how tight these
stakeholders are. Keep in mind the NIH [National Institutes of
Health] is a co-owner of the Moderna patent, so they have a
vested financial interest in keeping these vaccines going,” he
said.

More than 15 months into the COVID nightmare, the evidence is
beginning to suggest the U.S. government colluded from the
outset with the Gates Foundation, CDC, FDA, the United
Nations World Health Organization and Big Pharma to make the
vaccines the central focus of the global COVID response effort.
They started promoting the vaccines before they were even out of
clinical trials, McCullough said, which is against U.S. regulatory
law”16 (emphasis added).

(2)
Customary International Law; 21 CFR Chapter 1, Part 50,
Protection of Human Subjects, § 50.1 et seq., 21 CFR Part 312,
Investigational New Drug Application, 45 CFR Part 46, Protection of Human
Subjects

Customary international law applies directly to the United States and
its agencies and instrumentalities.  It is well established that customary
international law includes a norm that prohibits non-consensual human

15 See attached Exhibit K “VAX ADVISORY CONFLICTS” for a detailed preliminary overview
of the profound conflicts under the section entitled FDA Vaccines and Related Biological
Products Advisory Committee Roster: Content current as of 4/9/21.
16 https://www.lewrockwell.com/2021/05/no_author/highly-cited-covid-doctor-comes-to-
stunning-conclusion-govt-scrubbing-unprecedented-numbers-of-injection-related-deaths/
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medical experimentation.  Abdullahi v. Pfizer, 562 F.3d 163, 174-188 (2nd
Cir. 2009).  In August 1947, an International Military Tribunal ("IMT")
sitting in Nuremberg, Germany convicted 15 Nazi doctors for crimes against
humanity for conducting medical experiments without the consent of their
subjects.  "Among the nonconsensual experiments that the tribunal cited as a
basis for their convictions were the testing of drugs for immunization against
malaria, epidemic jaundice, typhus, smallpox and cholera." Id. at 178
(quoting United States v. Brandt, 2 Trials of War Criminals Before the
Nuremberg Military Tribunals Under Control Council Law No. 10, 181-182
(1949) (emphasis added). The Nuremberg Code was created as part of the
IMT's judgment, and its first principle is that "[t]he voluntary consent of the
human subject is absolutely essential."  Id. at 179.  It contains other
principles relevant here, for example that "[t]he experiment should be such as
to yield fruitful results for the good of society, unprocurable by other methods
or means of study, and not random or unnecessary" (Principle 2), and "[t]he
experiment should be [ ] designed and based on the results of animal
experimentation" (Principle 3), and "[t]he degree of risk to be taken should
never exceed that determined by the humanitarian importance of the
problem" (Principle 6).
The Nuremberg Code has been adopted and amplified by numerous
international declarations and agreements, including the World Medical
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Association's Declaration of Helsinki, the guidelines authored by the Council
for International Organizations of Medical Services, Art. 7 of the
International Covenant on Civil and Political Rights, International
Covenants on Human Rights, the Universal Declaration on Bioethics and
Human Rights, and others.
"The history of the norm in United States law demonstrates it has been
firmly embedded for more than 45 years and [  ] its validity has never been
seriously questioned by any court."  Id. at 182.    Federal Regulations relating
to the protection and informed consent of human subjects implement this
norm, and are binding legal obligations.
45 CFR § 46.401, et seq., applies to "all research involving children as
subjects, conducted or supported by [DHHS]."  § 46.405 states:

HHS will conduct or fund research in which the IRB finds that more
than minimal risk to children is presented by an intervention or
procedure that holds out the prospect of direct benefit for the individual
subject, or by a monitoring procedure that is likely to contribute to the
subject’s well-being, only if the IRB finds that:

(a)  The risk is justified by the anticipated benefit to the subjects;

(b)  The relation of the anticipated benefit to the risk is at least as
favorable to the subjects as that presented by available alternative
approaches; and

(c)  Adequate provisions are made for soliciting the assent of the
children and permission of their parents or guardians, as set forth in §
46.408.

It is entirely reasonable to posit that the U.S. public health
establishment would in fact design, fund, supervise and implement a non-
consensual human medical experiment, in conjunction with private sector
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actors.  It has done so in the past.  On October 1, 2010, President Obama
apologized to the Guatemalan government and people for a program of non-
consensual human experimentation that had been funded and approved by
the U.S. Public Health Service ("PHS") and implemented on the ground by a
PHS doctor employed for this purpose by private institutions but reporting to
supervisors including PHS doctors.  The evidence was suppressed and
remained buried until discovered by a private researcher in 2010.  A
presidential commission investigated and found that in fact thousands of
Guatemalans, including orphans, insane asylum patients, prisoners and
military conscripts, had been intentionally exposed to syphilis, gonorrhea and
other pathogens in furtherance of experiments on the use of penicillin as a
prophylaxis.17
On May 16, 1997, President Clinton apologized to the African-American
community for the “Tuskegee Study of Untreated Syphilis in the Negro
Male”, a non-consensual human medical experiment funded, organized and
implemented by the PHS, again with important private sector participation.
This was the longest non-therapeutic, non-consensual experiment on human
beings in the history of public health, run by the PHS, spanning 40 years
from 1932 until its exposure by a whistleblower in 1972. The purpose of the
study was to observe the effects of untreated syphilis in black men and their

17 https://bioethicsarchive.georgetown.edu/pcsbi/taxonomy/term/179.html
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family members.  There are numerous other examples, too many for inclusion
in this Motion.
 That children are going to be used as experimental test subjects
(guinea pigs) in medical experimentation using the COVID-19 vaccines is
undeniable.  The Texas State Senate heard sworn testimony on May 6, 2021
from Dr. Angelina Farella, a pediatrician who has given tens of thousands of
vaccinations in her office. She testified:
“I have given tens of thousands of vaccinations in my career. I am very
pro-vax actually except when it comes to this covid vaccine … We are
currently allowing children 16, 17 years old to get this vaccine, and they were
never studied in this trial… Never before in history have we given
medications that were not FDA approved to people who were not initially
studied in the trial. There were no trial patients under the age of 18…
They’re extrapolating the
data from adults down to children and
adolescents. This is
not acceptable.
Children are not little adults. …
Children have 99.997% survivability from the covid. Let me repeat that for
you all to understand: 99.997%.”18

Senator Hall: “Has there been another vaccine that had the high
incidents of serious hospitalizations and deaths that this vaccine is now
showing?

Dr. Farella: "Not to this extent. Not even close."

Sen. Hall:  "Any other vaccine would have been pulled from the
market?"

Dr. Farella: "Absolutely."

Sen. Hall: "Have you seen any other vaccine that was put out for the
public that  skipped the animal tests?"

18 https://www.globalresearch.ca/no-vaccine-passports-texas-medical-doctors-testify-before-
state-senate-oppose-mandatory-covid-shots/5744748
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Dr. Farella: "Never before. Especially for children."

Sen. Hall: "…Folks I think that’s important to understand here, that
what we’re talking about is the American people … this is the test program."

(3)
21 U.S. Code § 360bbb–3(b), (c) and (e).
21 U.S. Code § 360bbb–3 governs the authorization of the use of
medical products in emergencies.  Plaintiffs contend that the DHHS
Secretary violated § 360bbb–3(b) when he declared an emergency, and
therefore the EUAs are invalid.  Further, Plaintiffs contend that the
Secretary violated § 360bbb–3(c), when he issued the EUAs for the COVID-19
vaccines, and therefore, on that basis additionally, the EUAs are invalid.  In
this Motion, Plaintiffs ask only that the status quo be maintained - that the
EUAs not permit the use of the COVID-19 vaccines in the children under the
age of 16, and that no further expansion of the EUAs to children under the
age of 16 be granted until after trial.
§ 360bbb–3(b) authorizes the DHHS Secretary to declare an emergency
after making one or more of certain findings, which declaration is the
necessary predicate for the issuance of any EUA, as follows:
(b) Declaration of emergency or threat justifying emergency authorized
use
(1) In general The Secretary may make a declaration that the
circumstances exist justifying the authorization under this
subsection for a product on the basis of—
(A) a
determination
by
the Secretary
of
Homeland
Security that there is a domestic emergency, or a
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significant
potential
for
a
domestic
emergency,
involving a heightened risk of attack with a biological,
chemical, radiological, or nuclear agent or agents;
(B) a determination by the Secretary of Defense that there
is a military emergency, or a significant potential for a
military emergency, involving a heightened risk to
United States military
forces,
including
personnel
operating under the authority of title 10 or title 50, of
attack with—
(i)
a biological, chemical, radiological, or
nuclear agent or agents; or
(ii)
an agent or agents that may cause, or are
otherwise associated with, an imminently
life-threatening
and
specific
risk
to
United States military forces;
(C) a determination by the Secretary that there is a public
health emergency, or a significant potential for a public
health emergency, that affects, or has a significant
potential to affect, national security or the health and
security of United States citizens living abroad, and
that involves a biological, chemical, radiological, or
nuclear agent or agents, or a disease or condition that
may be attributable to such agent or agents; or
(D) the identification of a material threat pursuant to
section 319F–2 of the Public Health Service Act [42
U.S.C. 247d–6b] sufficient to affect national security or
the health and security of United States citizens living
abroad.
The DHHS Secretary declared an emergency pursuant to § 360bbb–3(b)(I)(C),
after making the relevant finding.  Plaintiffs aver and the facts set forth
below demonstrate that the finding was made in error, without any real
justification, and as such the EUAs for the COVID-19 vaccines are invalid.
§ 360bbb–3(c) sets forth the standards applicable to the issuance of any
EUA, as follows:
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(c) Criteria for issuance of authorization. The Secretary may issue an
authorization under this section with respect to the emergency use of
a product only if, after consultation with the Assistant Secretary for
Preparedness and Response, the Director of the National Institutes of
Health, and the Director of the Centers for Disease Control and
Prevention (to the extent feasible and appropriate given the applicable
circumstances described in subsection (b)(1)), the Secretary concludes—
(1) that an agent referred to in a declaration under subsection (b)
can cause a serious or life-threatening disease or condition;
(2) that, based on the totality of scientific evidence available to
the Secretary, including data from adequate and well-
controlled clinical trials, if available, it is reasonable to
believe that—
(A) the product may be effective in diagnosing, treating, or
preventing—
(i) such disease or condition; or
(ii) a serious or life-threatening disease or condition
caused by a product authorized under this section,
approved or cleared under this chapter, or licensed
under section 351 of the Public Health Service
Act [42 U.S.C. 262], for diagnosing, treating, or
preventing such a disease or condition caused by such
an agent; and
(B) the known and potential benefits of the product, when
used to diagnose, prevent, or treat such disease or
condition, outweigh the known and potential risks of
the product, taking into consideration the material threat
posed by the agent or agents identified in a declaration
under subsection (b)(1)(D), if applicable;
(3) that there is no adequate, approved, and available alternative
to the product for diagnosing, preventing, or treating such
disease or condition;
(4) in the case of a determination described in subsection
(b)(1)(B)(ii), that the request for emergency use is made by
the Secretary of Defense; and
(5) that such other criteria as the Secretary may by regulation
prescribe are satisfied.
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The balancing test required by § 360bbb–3(c)(2)(B) cannot be satisfied.
Since the risk from COVID-19 to 12-15 year old children is statistically 0%,
there is no real or material benefit to this age category of using these
experimental vaccines.  At the same time, the risks of using any untested
drug are always substantial, and, in this case, the injections are already
proving to be dangerous, even on the basis of the false and/or misleading
statistics promulgated by DHHS.
Further, the Secretary cannot meet the requirement in § 360bbb–
3(c)(3) of demonstrating that there is no adequate, approved alternative
treatment.  Below is a discussion of a number of treatments that are
adequate and that are approved by a number of doctors.  Plaintiffs contend
that the word “approved,” which is not otherwise defined in the statute,
should be interpreted to refer to approval by the medical community in the
medical malpractice sense of "meeting the standard of care" applicable among
similarly situated medical professionals.  Further, Plaintiffs contend that
FDA approval for alternative COVID-19 treatments have been wrongfully
withheld despite strong scientific evidence that many of these “alternative”
treatments are safer and more effective than the current EUA products.
Part (e) of 21 U.S.C. § 360bbb–3(e) requires, as a condition of the EUAs,
that the DHHS Secretary ensure that both health care professionals
administering EUA products and those who are treated with the EUA
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products are furnished with the following information, which is a minimum
threshold disclosure necessary in order to ensure the informed consent of
vaccine subjects:

(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.

As discussed infra, the Secretary is not ensuring that these minimum
statutory disclosures are made. In fact, the DHHS and its sub-agencies
appear to be working actively to suppress information regarding the potential
dangers of these injections and alternative treatments, as opposed to
ensuring that health care professionals and vaccine subjects have the
information.  At the same time, state and federal government officials are
threatening the American public with a range of penalties should they
decline the vaccine, and incentives should they accept it. All of this vitiates
informed consent, especially as to children under 16 years of age. Expanding
the EUAs will only compound the harm.

B.  Factual Context.

(1)
No Real Emergency.

In approximately January of 2020, the media began creating and
circulating news stories that seemed designed to generate panic, regarding a
new and deadly disease that could kill us all. This was odd given that the
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estimated fatality rate at the time was between 2-4%. By contrast,
tuberculosis has a fatality rate of approximately 10%, the original SARS
virus had a fatality rate of approximately 9%, and the MERS virus had a
fatality rate of approximately 30% - all had similar rates of spread.
The actual COVID-19 statistics present a very different picture than
the one painted by the media - a fatality rate of 0.2% globally, which drops to
0.03% for persons under age 70, which is comparable to the yearly flu.
Further, statistically, the fatality risk is limited to the elderly population.
Data from defendants confirm that there is no outsized nor
unmanageable situation regarding COVID-19. The defendants admit the
following through their public government portal: HealthData19 and the
COVID-19 Community Profile Report20:
USA Total:
• ER visits – 1.2% due to COVID (26 states <1%, highest is 3.1%)
• inpatients -- 4% due to COVID (Light Green -- Low)
• ICU patients -- 9% due to COVID (Yellow -- Moderate)
• total hospitalizations -- 46 states ≤ 15 per 100,000 and 49 states ≤ 20
• “cases” – 9 per 100,000 per day

19 https://healthdata.gov
20 https://healthdata.gov/Health/COVID-19-Community-Profile-Report/gqxm-d9w9
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The actual COVID-19 fatality numbers are vastly lower than those
reported.  On March 24, 2020, the DHHS changed the rules applicable to
coroners and others responsible for producing death certificates and making
"cause of death" determinations - exclusively for COVID-19. The rule change
states that “COVID-19 should be reported on the death certificate for all
decedents where the disease caused or is assumed to have caused or
contributed to death.”  Many doctors have attested that permitting such
imprecision on a legal document (death certificate) has never happened
before in modern medicine. This results in reporting of deaths as caused by
COVID-19, even when in fact deaths were imminent and inevitable for other
pre-existing reasons and caused by comorbidities.  In other words, people
dying with COVID-19 are being reported as dying from COVID-19.  DHHS
statistics are now showing that 95% of deaths classed as "COVID-19 deaths"
involve an average of four additional comorbidities. This misattribution of the
cause of death undoubtably stems from the substantial government subsidies
paid to incentivize such misreporting of COVID-19 deaths.
Similarly, the actual number of COVID-19 "cases" is far lower than the
reported number.  The signs, symptoms and other diagnostic criteria for
COVID-19 are laughably broad.  Applying the criteria, countless ailments can
be classed as COVID-19, especially the common cold or ordinary seasonal flu.
Compounding the problem, the DHHS authorized the use of the polymerase
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chain reaction ("PCR") test as a diagnostic tool for COVID-19, with disastrous
consequences.  The PCR tests are themselves experimental products,
authorized by the FDA under separate EUAs.
A PCR test can only test for the presence of a fragment of the RNA of
the SARS-CoV-2 virus, and literally, by itself, cannot be used to diagnose the
COVID-19 disease. The RNA fragment detected may not be intact and may
be dead, in which case it cannot cause COVID-19.  This is analogous to
finding a car part, but not a whole car that can drive. Manufacturer inserts
furnished with the PCR test products include disclaimers stating that the
PCR tests should NOT be used to diagnose COVID-19. This is consistent with
the warning issued by the Nobel Prize winning inventor of the PCR test that
such tests are not appropriate for diagnosing disease.
Further, the way in which the PCR tests are administered guaranties
an unacceptably high number of false positive results.  Cycle Threshold Value
(“CT value”) is essentially the number of times that a sample (usually from a
nasal swab) is magnified or amplified before a fragment of viral RNA is
detected. The CT Value is exponential, and so a 40-cycle threshold means
that the sample is magnified around a trillion times.  The higher the CT
Value, the less likely the detected fragment of viral RNA is intact, alive and
infectious.
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Virtually all scientists, including Dr. Fauci, agree that any PCR test
run at a CT value of 35-cycles or greater is useless.   A study funded by the
French government showed that even at 35-cycles, the false positivity rate is
as high as 97%.  Despite this, a majority of the PCR tests for COVID-19
deployed under EUAs in the United States are run at 35-45 cycles in
accordance with manufacturer instructions. Under the EUAs issued by the
FDA, there is no flexibility to depart from the manufacturer's instructions
and change the way in which the test is administered or interpreted.
There is, however, one GLARING exception to this standard.  THE
CDC HAS STATED THAT ONCE A PERSON HAS BEEN VACCINATED,
AND THEN AFTER VACCINATION THAT PERSON TESTS POSITIVE
FOR COVID-19 USING A PCR TEST, THE CDC WILL ONLY "COUNT"
THE POSITIVE RESULT AT 28 CYCLES OR LESS!   Why the difference?
More recently, the CDC has announced it will no longer compile and report
data showing the total number of vaccinated who subsequently contract
COVID-19: “[We are] transitioning to reporting only patients with COVID-19
vaccine breakthrough infection that were hospitalized or died to help
maximize the quality of the data collected.”21  There appears to be an agenda
to protect the myths about the vaccine, rather than the public.

21 https://www.cdc.gov/vaccines/covid-19/health-departments/breakthrough-cases.html
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Ultimately, there is simply no objective evidence showing a public
health emergency exists. On a national level, Plaintiffs are unaware of any
intercounty requests for aid, or legitimately overwhelmed community health
resources/hospitals. Plaintiffs also point out that the Cambridge dictionary
defines the word emergency to mean, “something dangerous or serious, such
as an accident, that happens suddenly or unexpectedly and needs fast action
in order to avoid harmful results.” COVID-19 has been with us for well over a
year, and we know far more about the disease than we did at the outset.
Most importantly, we can identify with precision the age segment of the
population that is at risk, and it decidedly is NOT children under 16 who
have a statistically zero percent chance of death from COVID-19.  If there is
no emergency, then the EUAs should be invalidated entirely though, for
purposes of this Motion, Plaintiffs only seek injunctive relief against the
expansion of the EUAs to children under 16.

(2)  Dangers of COVID-19 for Children Under 16 vs.
Benefits/Dangers of Experimental Injection.

COVID-19 presents no threat to children under 16 statistically. The
United States census counted more than 72 million people age 0-17.22 As of
5/5/2021, according to the CDC, there have been only 282 deaths WITH (not

22 https://www.census.gov/quickfacts/fact/table/US/PST045219 or
https://datacenter.kidscount.org/data/tables/101-child-population-by-age-
group#detailed/1/any/false/1729,37,871,870,573,869,36,868,867,133/62,63,64,6,4693/419,420
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from) COVID-19 in children 0-17, representing 0.000392% of that age
demographic. 179 of those deaths appear to have involved influenza, and
likely would be characterized as influenza deaths rather than COVID-19
deaths under standard "cause of death" reporting rules. These statistics alone
make it impossible for the DHHS Secretary to satisfy the balancing test
required by § 360bbb–3(c)(2)(B), as a condition to issuing EUAs for these
experimental vaccines.  Since the risk from COVID-19 to 12- to 15-year-old
children is statistically 0%, there is no real or material benefit to this age
category of using these experimental vaccines.  There is NO public interest in
subjecting children to experimental vaccination programs, in order to protect
them from a disease that simply does not threaten them.  Children are
inherently incapable of providing informed consent. Neither the children, nor
their parents, can possibly give informed consent to these experimental
vaccines, since the DHHS Secretary has failed to make the even the
minimum statutory disclosures regarding risks and alternative treatments,
and at the same time they are targeted and pressured with incentives and
penalties.
Given that there is no risk to children from the COVID-19 disease, any
risk from the COVID-19 vaccines is too much under the law. What risks do
these experimental vaccines carry?  Scientists and healthcare professionals
all over the world are sounding the alarm and frantically appealing to the
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FDA to halt the vaccines. They have made innumerable public statements,
but for the purposes of this pleading we attach one recent, illustrative and
dramatic statement.  57 top scientists and doctors are calling for an
immediate end to all vaccine COVID-19 programs23. Other physician-scientist
groups have made similar calls, among them: Canadian Physicians24, Israeli
People’s Committee25, Frontline COVID-19 Critical Care Alliance26, World
Doctors Alliance27, Doctors 4 Covid Ethics28, and America’s Frontline
Doctors29.  These are healthcare professionals in the field who are seeing the
catastrophic and deadly results of the rushed vaccines, and reputed
Professors of Science and Medicine, including the physician with the greatest
number of COVID-19 scientific citations worldwide.  We attach the authors,
institutions and abstract here for the Court to understand the severity and
urgency of the situation. They accuse the government of deviating from long-
standing policy to protect the public. In the past, government has halted
vaccine trials based on a tiny fraction – far less than 1% - of the number of
unexplained deaths already recorded in these ongoing COVID-19 vaccine

23 https://newsvoice.se/2021/05/57-scientists-study-covid-vaccinations/
24 https://canadianphysicians.org/
25 https://doctors4covidethics.medium.com/the-israeli-peoples-committee-report-of-adverse-
events-related-to-the-corona-vaccine-april-2021-47891f17d452
26 https://covid19criticalcare.com/
27 https://worlddoctorsalliance.com/
28 https://doctors4covidethics.medium.com/
29 http://www.americasfrontlinedoctors.org/
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trials!30 The scientists all agree that the spike protein (produced by the
vaccines) causes disease even without the virus, which has motivated them to
lend their imprimatur to, and risk their reputation and standing on, the
following statement:
57
Top Scientists and Doctors: Stop All Covid Vaccinations.
Roxana Bruno1, Peter McCullough2, Teresa Forcades i Vila3,
Alexandra Henrion-Caude4, Teresa García-Gasca5, Galina P.
Zaitzeva6, Sally Priester7, María J. Martínez Albarracín8,
Alejandro Sousa-Escandon9, Fernando López Mirones10,
Bartomeu Payeras Cifre11, Almudena Zaragoza Velilla10,
Leopoldo M. Borini1, Mario Mas1, Ramiro Salazar1, Edgardo
Schinder1, Eduardo A Yahbes1, Marcela Witt1, Mariana
Salmeron1, Patricia Fernández1, Miriam M. Marchesini1, Alberto
J. Kajihara1, Marisol V. de la Riva1, Patricia J. Chimeno1, Paola
A. Grellet1, Matelda Lisdero1, Pamela Mas1, Abelardo J. Gatica
Baudo12, Elisabeth Retamoza12, Oscar Botta13, Chinda C.
Brandolino13, Javier Sciuto14, Mario Cabrera Avivar14, Mauricio
Castillo15, Patricio Villarroel15, Emilia P. Poblete Rojas15, Bárbara
Aguayo15, Dan I. Macías Flores15, Jose V. Rossell16, Julio C.
Sarmiento17, Victor Andrade-Sotomayor17, Wilfredo R. Stokes
Baltazar18, Virna Cedeño Escobar19, Ulises Arrúa20, Atilio Farina
del Río21, Tatiana Campos Esquivel22, Patricia Callisperis23,
María Eugenia Barrientos24, Karina Acevedo-Whitehouse5,*
1Epidemiólogos Argentinos Metadisciplinarios. República
Argentina.
2Baylor University Medical Center. Dallas, Texas, USA.
3Monestir de Sant Benet de Montserrat, Montserrat, Spain
4INSERM U781 Hôpital Necker-Enfants Malades, Université
Paris Descartes-Sorbonne Cité, Institut Imagine, Paris, France.
5School of Natural Sciences. Autonomous University of
Querétaro, Querétaro, Mexico.

30 https://www.lewrockwell.com/2021/05/no_author/highly-cited-covid-doctor-comes-to-
stunning-conclusion-govt-scrubbing-unprecedented-numbers-of-injection-related-deaths/
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6Retired Professor of Medical Immunology. Universidad de
Guadalajara, Jalisco, Mexico.
7Médicos por la Verdad Puerto Rico. Ashford Medical Center. San
Juan, Puerto Rico.
8Retired Professor of Clinical Diagnostic Processes. University of
Murcia, Murcia, Spain
9Urologist Hospital Comarcal de Monforte, University of Santiago
de Compostela, Spain.
10Biólogos por la Verdad, Spain.
11Retired Biologist. University of Barcelona. Specialized in
Microbiology. Barcelona, Spain.
12Center for Integrative Medicine MICAEL (Medicina Integrativa
Centro Antroposófico Educando en Libertad). Mendoza,
República Argentina.
13Médicos por la Verdad Argentina. República Argentina. ´
14Médicos por la Verdad Uruguay. República Oriental del
Uruguay.
15Médicos por la Libertad Chile. República de Chile.
16Physician, orthopedic specialist. República de Chile.
17Médicos por la Verdad Perú. República del Perú.
18Médicos por la Verdad Guatemala. República de Guatemala.
19Concepto Azul S.A. Ecuador.
20Médicos por la Verdad Brasil. Brasil.
21Médicos por la Verdad Paraguay.
22Médicos por la Costa Rica.
23Médicos por la Verdad Bolivia.
24Médicos por la Verdad El Salvador.
* Correspondence: Karina Acevedo-
Whitehouse, karina.acevedo.whitehouse@uaq.mx
1.
Abstract.
Since the start of the COVID-19 outbreak, the race for
testing new platforms designed to confer immunity against
SARS-CoV-2, has been rampant and unprecedented, leading to
emergency authorization of various vaccines. Despite progress on
early multidrug therapy for COVID-19 patients, the current
mandate is to immunize the world population as quickly as
possible. The lack of thorough testing in animals prior to clinical
trials, and authorization based on safety data generated during
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trials that lasted less than 3.5 months, raise questions regarding
the safety of these vaccines. The recently identified role of SARS-
CoV-2 glycoprotein Spike for inducing endothelial damage
characteristic of COVID-19, even in absence of infection, is
extremely relevant given that most of the authorized vaccines
induce the production of Spike glycoprotein in the recipients.
Given the high rate of occurrence of adverse effects, and the wide
range of types of adverse effects that have been reported to date,
as well as the potential for vaccine-driven disease enhancement,
Th2-immunopathology, autoimmunity, and immune evasion,
there is a need for a better understanding of the benefits and
risks of mass vaccination, particularly in the groups that were
excluded in the clinical trials. Despite calls for caution, the risks
of SARS-CoV-2 vaccination have been minimized or ignored by
health organizations and government authorities. We appeal to
the need for a pluralistic dialogue in the context of health
policies, emphasizing critical questions that require urgent
answers if we wish to avoid a global erosion of public confidence
in science and public health.

AFLDS medico-legal researchers have analyzed the accumulated
COVID-19 data in terms of the balancing test required by § 360bbb–
3(c)(2)(B), and report as follows:
1.
Government Database (Defendant) Vaccine Adverse Event
Reporting System (VAERS):
a.
99% of all vaccine deaths this year are from COVID-19
injections (1% are from the other 100 vaccines)
b.
The current reported number of vaccine deaths for Q1 2021
constitutes a 12,000% -25,000% increase in vaccine deaths vs.
prior years
c.
These statistics are based on the VAERS system
i.
VAERS only captures 1-10% reactions for all
vaccines31

31 https://digital.ahrq.gov/sites/default/files/docs/publication/r18hs017045-lazarus-final-report-
2011.pdf
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ii.
In ten years (2009-2019) there were 1529 vaccine
deaths. In the first four months of 2021 there have been
over 4,000.
iii.
Reporting of many adverse events from COVID-19
vaccines are siphoned away from public VAERS into a non-
public
database
called
V-Safe
which
contradicts
Congressional intent in creating VAERS in 1986 which was
to make vaccine adverse events easily known to the public.

2.
The Spike Proteins created by the COVID-19 vaccines are risky:
a.
Reproductive Health: Spike proteins are in the same family
as the naturally occurring syncytin-1 and syncytin-2 reproductive
proteins in sperm, ova, placenta.32 Antibodies raised against
spike protein might interact with the naturally occurring
syncytin proteins, adversely affecting multiple steps in human
reproduction. The manufacturers did not provide data on this
subject despite knowing about this spike protein similarity on
syncytin proteins for more than one year; there are now a very
high number of pregnancy losses in VAERS33 and worldwide
reports of irregular vaginal bleeding without clear explanation.
b.
Vascular Disease: Salk researchers in collaboration with
the University of San Diego, published in Circulation Research
that the spike proteins themselves damage vascular cells,
causing strokes or many other vascular problems.34 All the
vaccines are causing clotting disorders (coagulopathy) in all
ages.35 The spike proteins are known to cause clotting that the
body cannot fix. Brain thrombosis, thrombocytopenia.36
c.
Autoimmune disease: The vaccines induce our cells to
manufacture (virus-free) spike proteins. These spike proteins are
then perceived to be foreign by the human immune system,
initiating an immune response to fight them. While that is the
intended therapeutic principle, it is also the case that any cell
expressing spike proteins becomes a target for destruction by our
own immune system. This is an auto-immune disorder and can

32 https://www.jennifermargulis.net/halt-covid-vaccine-research-scientist-urges-cdc/
33 VAERS database 2900 miscarriages! Queried by author on April 23, 2021
34 https://www.salk.edu/news-release/the-novel-coronavirus-spike-protein-plays-additional-key-
role-in-illness/
35 https://www.medrxiv.org/content/10.1101/2021.03.05.21252960v1.full
36 https://b-s-h.org.uk/about-us/news/guidance-produced-by-the-expert-haematology-panel-ehp-
focussed-on-vaccine-induced-thrombosis-and-thrombocytopenia-vitt/
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affect virtually any organ in the body. It is likely that some
proportion of spike protein will become permanently fused to
long-lived human proteins and this will prime the body for
prolonged autoimmune diseases. Autoimmune diseases can take
years to show symptoms and many scientists are alarmed at
giving young people such a trigger for possible autoimmune
disease.
d.
Spike proteins directly cause disease: It is clear that spike
proteins are not simple, passive structures which the virus uses
to attach itself to cells. The spike protein is itself biologically
active, even without the virus and these bind to our cells even
more tightly causing harm to endothelial cells37 which are
throughout the entire human body, in blood tissue38, in lung
tissue.39 The spike protein, being “fusogenic”, promotes cells to
adhere to one another, initiating blood coagulation – including in
the brain. Spike proteins also cross the blood-brain-barrier, a
sacrosanct space in medicine. This has never been done before in
a vaccine and the neurological effects are unknown.40
e.
Effect on the young: The vaccines are more deadly or
harmful to the young than the virus, and that is excluding the
unknown future effects on fertility, clotting, and autoimmune
disease. There is a statistically zero chance of death from SARS-
CoV-2 under age 18 according to the CDC but there are reports of
heart inflammation in young men41 and at least one documented
fatal heart attack of a healthy 15-year old boy in Colorado two
days after his Pfizer shot.42 The vaccines induce the cells of the
recipient to manufacture trillions of spike proteins with the
pathology described above. Because immune responses in the
young and healthy are more vigorous than those in the old,
paradoxically, the vaccines may thereby induce, in the very
people least in need of assistance, a very strong immune

37 https://www.biorxiv.org/content/biorxiv/early/2020/12/04/2020.12.04.409144.full.pdf
38 https://www.salk.edu/news-release/the-novel-coronavirus-spike-protein-plays-additional-key-
role-in-illness/
39 https://medicalxpress.com/news/2021-04-sars-cov-spike-protein-lung.html
40https://scivisionpub.com/pdfs/covid19-rna-based-vaccines-and-the-risk-of-prion-disease-
1503.pdf
41 https://www.timesofisrael.com/israel-said-probing-link-between-pfizer-shot-and-heart-
problem-in-men-under-30/
42 VAERS database 1242573-1
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response, including those which can damage their own cells and
tissues as well as by stimulating blood coagulation.
f.
Chronic Disease: Healthy children whose birthright is
decades of healthy life will instead face premature death or
decades of chronic disease43. We cannot say what percentage will
be affected with antibody dependent enhancement44, neurological
disorders45, autoimmune disease46 and reproductive problems47,
but it is a virtual certainty that this will occur.
g.
Unknown Effects: worldwide there are unexpectedly higher
rates of death after receiving the vaccine.48 Additionally, prior
coronavirus and similar vaccines caused a phenomenon known as
Antibody
Dependent
Enhancement
(ADE)
which
is
a
paradoxically worse disease typically causing death or critical
illness when the child or animal later encountered the virus in
the wild. ADE is discovered during long term animal studies, and
thus it is still an unknown risk.
h.
Effect on society: scientists are concerned that universal
inoculation may create more virulent strains. This has been
observed with Marek’s Disease in chickens.49 Due to vaccinating
a large number of chickens who were not at risk of death, now all
chickens must be vaccinated or they will die from a virus that
was nonlethal prior to widespread vaccination. It is a serious
concern that our current vaccination policy, vaccinating everyone
instead of those at risk, will over time, exert the same
evolutionary pressure toward more highly virulent strains.

3.
Differences Between COVID Injections and Prior Vaccine
Programs:
a.
Extreme Danger: Based only upon the numbers reported to
VAERS, these vaccines should have been pulled off the market
almost immediately. “A typical new drug at about five deaths,
unexplained death, we get a black-box warning, your listeners
would see it on TV, saying it may cause death. And then at about

43 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3335060/pdf/pone.0035421.pdf
44 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3335060/
45 https://pubmed.ncbi.nlm.nih.gov/22470453/
46 https://pubmed.ncbi.nlm.nih.gov/25427992/
47https://www.pure.ed.ac.uk/ws/portalfiles/portal/28839692/The_risks_of_using_allogeneic_cell
_lines_for_vaccine_production_the_example_of_Bovine_Neonatal_Pancytopenia.pdf
48 AuthorAFLDS data
49 https://www.jennifermargulis.net/halt-covid-vaccine-research-scientist-urges-cdc/
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50 deaths it’s pulled off the market.”50 In 1976 during the Swine
Flu pandemic, the USA attempted to vaccinate 55 million
Americans but when the shot caused 25 deaths, the program was
pulled. The flu shot causes 20-30 deaths a year out of 195 million
and there are now over 4,000 deaths out of about 100 million
COVID-19 shots.51
b.
Collusion to Censor: The Associated Press, AFP; BBC,
CBC/Radio-Canada,
European
Broadcasting
Union
(EBU),
Facebook, Financial Times, First Draft, Google/YouTube, The
Hindu, Microsoft, Reuters, Reuters Institute for the Study of
Journalism, Twitter, The Washington Post, The New York Times
all participate in the “Trusted News Initiative” which has agreed
to not allow any news critical of the shots.52 A Judge would not
have to agree with one side or the other to recognize that s/he is
likely not hearing the whole story when such an overwhelming
majority of media/tech agree with their competitors on what is
newsworthy.
c.
Whistle Blowers: There are innumerable reports on social
media of individuals and groups of physicians and nurses coming
forward reporting what they are directly observing. We must take
such reports extremely seriously given the enormous personal
cost to persons reporting.
i.
Dr. Charles Hoffe who defied a gag order on
Moderna53
ii.
Dr. Shucharit Bhakdi who predicted the blood
clotting problems 54
iii.
Dr. James Todaro & The Lancet retraction55
iv.
Dr. David Brownstein who was cited by the FTC for
using vitamins56

50 https://leohohmann.com/2021/04/30/highly-cited-covid-doctor-comes-to-stunning-conclusion-
govt-scrubbing-unprecedented-numbers-of-injection-related-deaths/
51 https://leohohmann.com/2021/04/30/highly-cited-covid-doctor-comes-to-stunning-conclusion-
govt-scrubbing-unprecedented-numbers-of-injection-related-deaths/
52 https://www.bbc.com/news/entertainment-arts-55257814
53 https://healthimpactnews.com/2021/canadian-doctor-defies-gag-order-and-tells-the-public-
how-the-moderna-covid-injections-killed-and-permanently-disabled-indigenous-people-in-his-
community/
54 https://evidencenotfear.com/covid-vaccine-blood-clot-risk-was-known-ignored-buried-dr-
sucharit-bhakdi/
55 https://www.thelancet.com/journals/lancet/article/PIIS0140-6736(20)31324-6/fulltext
56 https://www.youtube.com/watch?v=a-79BFjzhj8&t=472s
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v.
Dr. Eric Nepute who was cited by the FTC for using
Vitamin D57
vi.
Dr. Pierre Kory who was ridiculed for using
ivermectin58
vii.
Dr. Joseph Mercola a victim of aggressive threats and
cyberwarfare59
viii.
Frontline COVID-19 Critical Care Alliance60
ix.
America’s Frontline Doctors61
x.
World Doctor Alliance62
xi.
The Great Barrington Declaration63
xii.
Pandemics Data and Analysis64
xiii.
Doctors 4 Covid Ethics65
d.
Conflict of interest: Consider that the J&J vaccine was
paused for six clots but more than 4000 deaths due to Pfizer and
Moderna has not resulted in a government pause. Note that the
NIH is a co-owner of the Moderna patent. Note that Moderna and
Pfizer (unlike J&J) plan to require an “update” once or twice
annually.66

There are several factors that reduce any purported benefit of the
COVID-19 vaccines.  First, it is important to note that the Pfizer and
Moderna EUA COVID-19 experimental injections were only shown to reduce
symptoms – not block transmission.  For over a year now, these Defendants
and state-level public health authorities have told the American public that

57 https://www.ftc.gov/system/files/warning-letters/covid-19-letter_to_dap_eric_nepute.pdf
58 https://www.newswise.com/coronavirus/dr-pierre-kory-president-of-the-flccc-alliance-
testifies-before-senate-committee-on-homeland-security-and-governmental-affairs-looking-into-
early-outpatient-covid-19-treatment
59 https://articles.mercola.com/sites/articles/archive/2021/05/04/removing-articles-related-to-
vitamin-d-c-and-zinc.aspx
60 https://covid19criticalcare.com
61 https://www.americasfrontlinedoctors.org
62 https://worlddoctorsalliance.com
63 https://gbdeclaration.org
64 https://www.pandata.org
65 https://doctors4covidethics.medium.com
66 https://leohohmann.com/2021/04/13/cdc-pauses-johnson-johnson-injection-citing-rare-blood-
clots-but-heres-what-youre-not-being-told/
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SARS-CoV-2 can be spread by people who have none of the symptoms of
COVID-19, therefore Americans must mask themselves, and submit to
innumerable lockdowns and restrictions, even though they are not manifestly
sick.  If that is the case, and these officials were not lying to the public, and
asymptomatic spread is real, then what is the benefit of a vaccine that merely
reduces symptoms? There isn't any.

Secondly, it appears that these Defendants either did lie about
asymptomatic spread, or were simply wrong about the science.  The theory of
asymptomatic transmission - used as the justification for the lockdown and
masking of the healthy - was based solely upon mathematical modeling. This
theory had no actual study participants, and no peer review.67 The authors
made the unfounded assumption that asymptomatic persons were “75% as
infectious” as symptomatic persons. But in the real world, healthy false
positives turned out to be merely healthy, and were never shown to be
“asymptomatic” carriers of anything.68 Studies have shown that PCR test-
positive asymptomatic individuals do not induce clinical COVID-19 disease,
not even in a family member with whom they share a home and extended
proximity.  An enormous study of nearly ten million people in Wuhan, China
showed that asymptomatic individuals testing positive for COVID-19 never

67 https://jamanetwork.com/journals/jamanetworkopen/fullarticle/2774707
68 https://www.nytimes.com/2020/08/29/health/coronavirus-testing.html
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infected others.69  Since asymptomatic individuals do not spread COVID-19,
they do not need to be vaccinated.

(3)  Lack of Informed Consent

Around the nation it appears that the requirements for informed
consent are being completely ignored by our public health system and
particularly by self-interested DHHS officials. Throughout the DHHS, we see
the use of the “safe and effective” moniker to describe these unapproved
injections. The fact of the matter is that if the manufacturers of the injections
were saying these things they would very likely be breaking the law.
As noted above, 21 U.S.C. § 360bbb–3 requires truly informed consent
be given to anyone that is being administered these injections. Because these
biological agents are still being studied it is only proper to call them
experimental, and so 45 CFR Part 46 also applies, and requires even more in
the way of informed consent. The studies on these injections ABSOLUTELY
DO NOT SCIENTIFICALLY CONCLUDE THAT THEY ARE "SAFE AND
EFFECTIVE". Rather, the EUAs themselves talk extensively about
demographics that have not had any real testing and where administration of
the injections would thus be completely experimental. Children under 16 are
amongst these demographics.

69 https://www.nature.com/articles/s41467-020-19802-w
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In addition, comments made by pharmaceutical executives are
misleading to the public. In promoting their efforts to expand the EUA to
kids, they cite the reason that the vaccine has already been given safely to
hundreds of millions of people. This is false and misleading in two ways.
First, medically speaking, children are not simply short adults. Their organs
are still developing, and in addition those organs must function perfectly for
many decades ahead of them. Secondly, the scientific harms are long term
(autoimmune, reproductive, neurologic) and thus it is wholly irrelevant how
many persons have received the vaccine, rather the duration of the research
is what is determinative.
Pursuant to 45 CFR Part 46, experimentation on children gives rise to
a heightened duty of protection. Rather than ethically ensuring that they are
providing truly informed consent before experimenting on children, the
Defendants are doubling down on the safe and effective moniker and want to
expand experimenting on children without them or their parents even
realizing that it is happening!
Despite the fact that non-consensual medical experimentation on
children constitutes crimes against humanity under international law, the
DHHS seems to be intent on both hiding the fact that these injections are
literally experimental on children, and actually supporting state and private
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sector actors in their efforts to coerce individuals into unknowingly
participating.
Further exacerbating this already concerning lack of informed consent
for those receiving the COVID injections is the potential exposure of those
who did not consent at all to receiving the vaccine.  Page 67 of the Pfizer EUA
application70 describes the possibility of exposure of unvaccinated, by the
vaccinated, through inhalation or skin contact.  Pursuant to the referenced
document, each person getting the experimental shot had to consent to the
possibility of exposing pregnant women through inhalation or skin contact
(pharmaceutical companies can only disclose actual, not purely speculative,
risks).  According to the document, a reportable safety event occurred if:
A female is found to be pregnant while being exposed or having been
exposed to study intervention due to environmental exposure. Below
are examples of environmental exposure during pregnancy:

A female family member or healthcare provider reports
that she is pregnant after having been exposed to the study
intervention by inhalation or skin contact.

As the vaccines have been rolled out, there are worldwide reports of
irregular and often very heavy vaginal bleeding in the unvaccinated who are
near the vaccinated, even in post-menopausal women. These public reports

70 https://cdn.pfizer.com/pfizercom/2020-11/C4591001_Clinical_Protocol_Nov2020.pdf
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are scrubbed from the internet rapidly71, however plaintiff AFLDS has also
received innumerable emails from around the world with the same reports. It
is well documented that the vaccinated have excessive bleeding and clotting
disorders including vaginal bleeding, miscarriages, gastrointestinal bleeding
and ITP.  Given that there is now the real-world observation72 of what
appears to be transmission of something from vaccinated to unvaccinated
adults, we simply do not know what will happen to unvaccinated children
sitting next to vaccinated children for eight hours every day.
“Self-disseminating vaccines73” is not a science fiction concept, rather it
has been a research subject for years74 if not decades.75 The reportable safety
event from the Pfizer application suggests that this type of vaccine is now a
reality. Self-disseminating vaccines are the most literal of violation of
informed consent imaginable, and any expansion of the EUA to children
under the age of 16 puts unvaccinated children at risk without meeting the
informed consent requirements of either 21 U.S.C. § 360bbb–3 or 45 C.F.R.
Part 46.

71 https://www.lifesitenews.com/news/thousands-of-women-report-hemorrhaging- reproductive-
dysfunction-miscarriage-after-corona-shots
72 https://fromthetrenchesworldreport.com/bizarre-phenomenon-unvaccinated-getting-sick-being-
around-the-covid-vaxxed/285650
73 https://thebulletin.org/2020/09/scientists-are-working-on-vaccines-that-spread-like-a-disease-
what-could-possibly-go-wrong/
74 https://www.preemptproject.org/news/a-vaccine-that-could-spread-like-a-virus
75 https://www.newscientist.com/article/mg24732960-100-we-now-have-the-technology-to-
develop-vaccines-that-spread-themselves/
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The legally required heightened levels of informed consent are not
being obtained, and the necessary precautions for studies on children are
simply not being considered. The requested TRO is necessary to ensure the
Plaintiffs are not subjected to further public coercion to partake in this illegal
experiment.

(4)  Suppression of Alternative Treatments & Conflicts of
Interest.

Despite the misinformation being disseminated in the press – and, at
times, by the Defendants – there are numerous alternative safe and effective
treatments for COVID-19. Globally and in the United States, treatments
such as Ivermectin, Budesonide & Dexamethasone, convalescent plasma and
monoclonal antibodies, Vitamin D, Zinc, and Azithromycin are being used to
great effect. While Dr. Anthony Fauci’s NIH, which happens to have a
financial stake in Moderna's COVID-19 vaccine76, and others may downplay
these treatments, the fact is that they have been used to great effect and
have even resulted in a Nobel Prize nomination.77
The following alternative treatments are available for COVID-19:

76 https://www.axios.com/moderna-nih-coronavirus-vaccine-ownership-agreements-22051c42-
2dee-4b19-938d-099afd71f6a0.html, See also:
https://assets.documentcloud.org/documents/6935295/NIH-Moderna-Confidential-
Agreements.pdf
77 Dr. Vladimir ‘Zev’ Zelenko was nominated for the development of the “Zelenko COVID-19
Protocols” which include Hydroxychloroquine and zinc. Dr. Simone Gold, Founder of America’s
Frontline Doctors was also nominated.
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1.
Ivermectin: NY judicial order78, Yale University79, South Africa80,
and forty81 studies 82 and India83

2.
HCQ effective in 238 studies84 worldwide including many peer
reviewed in USA Detroit85 multicountry86 and doctor surveys show a
majority87 would use

3.
Budesonide88

4.
Dexamethasone89

5.
Vitamin D90,

6.
Zinc91

7.
Azithromycin92

8.
Convalescent plasma/monoclonal antibodies93

9.
Colchicine94

78 https://www.wkbw.com/news/coronavirus/judge-orders-hospital-to-treat-covid-patient-with-
experimental-drug
79 https://trialsitenews.com/top-yale-doctor-researcher-ivermectin-works-including-for-long-
haul-covid/
80 https://www.biznews.com/thought-leaders/2021/03/16/ivermectin-in-sa
81 https://c19ivermectin.com
82https://journals.lww.com/americantherapeutics/fulltext/2021/00000/review_of_the_emerging_e
vidence_demonstrating_the.4.aspx
83 https://www.lifesitenews.com/opinion/change-away-from-successful-treatments-due-to-big-
pharma-pressure-likely-cause-of-covid-death-catastrophe-in-india
84 https://c19hcq.com
85 https://www.ijidonline.com/action/showPdf?pii=S1201-9712%2820%2930534-8
86 https://www.sciencedirect.com/science/article/abs/pii/S0300289620305354
87 85% of global physicians recognized HCQ as at least partially effective in treating COVID-19, and more than half
of the surveyed US physicians would take the drug or give it to family members early or even before onset of
symptoms.
88 https://www.thelancet.com/journals/lanres/article/PIIS2213-2600(21)00160-0/fulltext
89 https://www.nejm.org/doi/full/10.1056/NEJMoa2021436
90 https://pubmed.ncbi.nlm.nih.gov/33487035/
91 https://www.medicalnewstoday.com/articles/can-zinc-levels-predict-covid-19-severity
92 https://www.medrxiv.org/content/10.1101/2020.12.29.20248975v1.full
93 https://www.fda.gov/news-events/press-announcements/coronavirus-covid-19-update-fda-
authorizes-monoclonal-antibodies-treatment-covid-19
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10.
Remdesivir95

11.
Nitazoxanide/azithromycin96

While many of these treatments have been publicly maligned, they are
all working in various capacities around the world and are all safer than the
COVID-19 injections.97 The highly publicized attacks on early treatments
seem to be done in bad faith in many instances. For example, one study on
HCQ overdosed study participants with 2.5x lethal amounts of the drug and
then reported the deaths as though they were not a result of the 2.5x lethal
overdose.98 The 27 physician-scientist authors of the study were civilly
indicted and criminally investigated and still JAMA did not retract the
article.99

While plaintiffs make no allegations regarding legality or illegality of
any of these conflicts of interest, they are numerous, now well publicized, and
may create an incentive to suppress treatments while promoting

94 https://www.icm-mhi.org/en/pressroom/news/colchicine-reduces-risk-covid-19-related-
complications
95 https://www.fda.gov/news-events/press-announcements/fda-approves-first-treatment-covid-19
96 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7192107/
97 Most of the drugs listed here are part of the FDA Adverse Events Reporting System – FAERS
– and have shown to be safe for many years.
98 https://jamanetwork.com/journals/jamanetworkopen/fullarticle/2765499
99 https://www.sciencemag.org/news/2020/06/it-s-nightmare-how-brazilian-scientists-became-
ensnared-chloroquine-politics
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experimental COVID-19 injections. Those conflicts are shown in a document
attached hereto and incorporated herein with reference as Exhibit K.
Dr. Anthony Fauci is personally responsible for approving and granting
NIAID and NIH monies for research responsible for the coronavirus spike
proteins, as well as patents for coronavirus spike proteins. Dr. Fauci could
have focused on treatments, including treatments he previously advised were
beneficial (in SARS-CoV-1). Instead, Dr. Fauci directed the NIAID, NIH,
Congress and the White House to develop vaccines, including Pfizer and
Moderna vaccines where he has financial and professional ties.
The NIH Director stated the following in May, 2020: “We do have some
particular stake in the intellectual property behind Moderna’s coronavirus
vaccine.” In fact, NIH and Moderna signed a contract in December, 2019 that
states “mRNA coronavirus vaccine candidates are developed and jointly
owned by the two parties.” 100,101 And now Moderna is currently valued at $25
billion despite having no federally approved drugs on the market.
Further, on May 11, 2021, Senator Rand Paul asked Dr. Anthony Fauci
under oath about the origins of SARS CoV-2 and the NIH and NIAID funding
for Gain-of-Function research, and Dr. Fauci stated to the Senator and to all
of Congress and to the American people stating that the NIH and NIAID did

100 https://www.axios.com/moderna-nih-coronavirus-vaccine-ownership-agreements-22051c42-
2dee-4b19-938d-099afd71f6a0.html
101 https://www.economicclub.org/events/dr-francis-collins-chris-nassetta-and-mary-brady
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not fund Gain-of-Function (making viruses more lethal) research when in
fact, Plaintiffs’
ongoing investigation and experts providing sworn
declarations have revealed that he appears to have provided at least $60
million in funding.

(5)
Suppression of the Fact that Alabama Has Reached Herd
Immunity.

The organization Physicians for Alabamans has concluded that
Alabama has reached herd immunity, based upon evidence compiled by
epidemiologist Dr. Suzanne Judd of the University of Alabama. Herd
immunity is reached when a percentage of people have immunity to an
infectious disease, thus reducing the wide-spread reach of the illness in the
community.

An estimated 48% of Alabamans having contracted Covid-19, another
1.2 million Alabamans who are fully vaccinated, and another 400,000
Alabamans with partial immunity. These numbers establish the state's
population has reached herd immunity. This assessment isn’t based on these
facts alone. The practical evidence is self-evident. We have averaged fewer
than ten deaths a day over the past two to three months, we have had fewer
than 50 hospitalizations a day over the past few weeks, and we have proven
treatments going forward if others contract the virus. Based upon several
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assessments last fall, we needed 50-72% herd immunity before protection
could be expected.

(6)
Preserving the Status Quo.

In this Motion, Plaintiffs seek relief only to the extent necessary to
preserve the status quo by requesting immediate injunctive relief against any
further expansion of the EUAs that would allow the administration of
experimental COVID-19 injections to children under 16 years of age.
IV.  LAW AND ANALYSIS

"The basis for injunctive relief in the federal courts has always been
irreparable harm and the inadequacy of legal remedies." Beacon Theatres,
Inc. v. Westover, 359 U.S. 500, 506–07 (1959), quoted in Sampson v. Murray,
415 U.S. 61, 88 (1974); Grasso Enterprises, LLC v. Express Scripts, Inc., 809
F.3d 1033, 1039 (8th Cir. 2016); Odebrecht Const., Inc. v. Sec'y, Florida Dep't
of Transp., 715 F.3d 1268, 1288 (11th Cir. 2013). However, the "decision to
grant or deny … injunctive relief is an act of equitable discretion by the
district court." eBay, Inc. v. MercExchange, L.L.C., 547 U.S. 388, 391 (2006).
Under Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7
(2008) and FRCP 65, the standard for preliminary injunction is showing: 1) a
strong likelihood of success on the merits; 2) the possibility of irreparable
injury; 3) the balance of hardships in its favor; 4) the advancement of public
interest. The Supreme Court also noted that as an "alternative" approach to
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weighing these four factors: "a court may grant the injunction if the plaintiff
demonstrates either a combination of probable success on the merits and the
possibility of irreparable injury or that serious questions are raised and the
balance of hardships tips sharply in his favor," citing Freecycle Network, Inc.
v. Oey, 505 F.3d 898, 902 (9th Cir.2007). See also Earth Island II, 442 F.3d at
1158; Id. at 677.
The 11th Circuit test has been distinguished to require the movant
show: 1) substantial likelihood of success on the merits; 2) irreparable injury;
3) the threatened injury to the movant outweighs the damage the injunction
may cause to the opposing party; and 4) the injunction would not be adverse
to the public interest. Siegel v. LePore, 234 F.3d 1163, 1176 (11th Cir.
2000) (en banc); and Jysk Bed'N Linen v. Dutta-Roy, 810 F.3d 767, 774 (11th
Cir. 2015).
While the burden of persuasion remains with the Plaintiffs, O’Connor
v. Kelley, 2016 U.S. App. LEXIS 3683, at *10 (11th Cir. Feb. 29,
2016); Jordan v. Fisher, 2016 U.S. App. LEXIS 11734, at *4 (5th Cir. Feb. 10,
2016); Ferring Pharm., Inc. v. Watson Pharm., Inc., 765 F.3d 205, 210 (3d
Cir. 2014), the "burdens at the preliminary injunction stage track the
burdens at trial." Gonzales v. O Centro Espírita Beneficente Uniã do Vegetal,
546 U.S. 418, 428–30 (2006); LSSi Data Corp. v. Comcast Phone, LLC, 696
F.3d 1114, 1123 n.11 (11th Cir. 2012). For purposes of a preliminary
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injunction, this burden of proof can be shifted to the party opposing the
injunctive relief after a prima facie showing and the movant should be
deemed likely to prevail if the non-movant fails to make an adequate
showing. Id.
In this case, the Plaintiffs have demonstrated, through their
declarations and stated traumas and experiences, that they are facing a
profound variety of irreparable harms.  Each of them stands at great risk of
profound loss and almost all of them stand at great risk of multiple and
varied profound losses, should the EUA experiment be further extended to
younger children. However, for each and every Plaintiff, and everyone that
they represent in their person or profession, nothing whatsoever changes for
the worse if the status quo is preserved.

In the following section, the Court will see clearly what has already
been demonstrated beyond reasonable argument, that each prong of the four-
part test tilts heavily in favor of the Plaintiffs. In this difficult moment, it is
incumbent upon this Honorable Court to courageously protect and safely
preserve the status quo, by granting the Temporary Restraining Order and
keeping the Defendants from inflicting any more of their unsafe experiments
upon the children of America.  As Chief Justice Roberts has said:

[T]he Constitution principally entrusts the safety and the health of the
people to the politically accountable officials of the States.  But the
Constitution also  entrusts the protection of the people’s rights to the
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Judiciary—not despite  judges being shielded by life tenure, but because they
are. Deference, though  broad, has its limits.

S. Bay United Pentecostal Church v. Newsom, 2021 U.S. LEXIS 758 * 4
(internal quotation marks omitted).

A.
Four Part Test.

(1)
Likelihood of Success on the Merits:
Parties “are not required to prove their claim, but only to show that
they [are] likely to succeed on the merits.” Glossip v. Gross, 135 S. Ct. 2726,
2792 (2015); Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 22 (2008).

The Parties and the Claim are properly before this Court.  This Court
exercises subject matter jurisdiction in accordance with the provisions of 28
U.S.C. § 1331, as this litigation involves multiple claims and issues arising
under federal law. Subject matter jurisdiction also arises under 42 U.S.C. §
1983, as this litigation involves the deprivation of rights, protections,
privileges and immunities secured by the U.S. Constitution.  Venue lies in
this Court under 28 U.S.C. § 1391(e), since this is a civil action in which at
least one Defendant is an officer or employee of the United States or an
agency thereof acting in his official capacity, or an agency of the United
States, no real property is involved, and one or more of the Plaintiffs reside in
this judicial district.

Plaintiffs have standing to bring this litigation, as they are "adversely
affected or aggrieved by agency action within the meaning of a relevant
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statute."  5 U.S.C. § 702.   Plaintiffs (1) have suffered some actual or
threatened injury, (2) the injury can fairly be traced to the challenged actions
of the Defendants, and (3) the injury is likely to be redressed by a favorable
decision of this Court.  N.H. Lottery Comm’n v. Rosen, 2021 U.S. App. LEXIS
1526 *15-17, quoting Lujan v. Defs. of Wildlife, 504 U.S. 555, 560 (1992).

Plaintiffs have demonstrated that the Defendants are in continuing,
clear violation of the plain language of the federal law pursuant to which
these claims are brought.  21 U.S.C. § 360bbb–3(c)(2)(B) requires the
Secretary to satisfy a balancing test by demonstrating that "the known and
potential benefits of [the COVID-19 vaccines], when used to diagnose,
prevent, or treat such disease or condition, outweigh the known and potential
risks of [the COVID-9 vaccines]."  As discussed above, the risk from COVID-
19 to 12-15 year old children is statistically zero.  The risks of the untested
experimental COVID-19 vaccines are substantial, and, in this case, as
established by credible and expert medical testimony, the injections are
already proving to be dangerous.  DHHS' own statistics substantiate its
failure to meet the balancing test.
Further, § 360bbb–3(c)(3) requires that "there is no adequate,
approved, and available alternative to the [COVID-19 vaccines]."  Defendants
cannot satisfy this requirement. A number of such alternatives are in fact
adequate, approved and available, as discussed supra.  They are "approved"
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in the sense that medical practitioners accept them as standard of care, and
some of them have been "approved" by the FDA.  To the extent the FDA has
withheld approval, it has done so wrongfully, against the backdrop of
Defendants' conflicts of interest, despite strong scientific evidence that many
of the alternatives are safer and more effective than the COVID-19 vaccines.
The truth is that several of the most successful treatments for COVID-
19 have been studied more than almost any other drugs in the World, they
have been demonstrated for many decades to be entirely safe and effective,
prescribed safely to millions of patients, and their creators have been honored
and lauded at the highest levels for their contribution to medicine. In short,
these treatments are SO adequate and SO approved the World over, that
they stand as the very antithesis to the pre-condition set forth in 21 U.S.C. §
360bbb–3(c)(3), which the Defendants are violating on an ongoing, formalized
and more or less continuous basis.
§ 360bbb–3(e) requires, as a condition to the EUAs for the COVID-19
vaccines, that the DHHS Secretary ensure that both health care professionals
and vaccine subjects have certain minimum information required in order to
enable subjects to give their informed consent.  The Secretary has not
satisfied this requirement.  Plaintiffs' Declarations attest to their lack of
information and informed consent.
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At the same time, public and private sector actors are deploying
incentives and penalties designed to induce acceptance of the vaccine, further
vitiating their voluntary, informed consent. The Governor of Ohio has just
taken the shocking and unprecedented step of incentivizing Ohio residents to
be injected with the experimental COVID-19 agents by offering entry into
what amounts to a $1 million prize lottery. In addition, he offers one “lucky”
youngster the chance to win a “free” four-year college scholarship.102 Never
mind that the winner may lack the life or health to enjoy their new fortune.
In so doing, Ohio’s Governor has crudely departed from the realm of
voluntary, informed consent and has struck a grating blow against medical
autonomy. It is no secret that many lack or have yet to develop the discipline
to resist the lure of “easy money” and by turning the EUA into a high stakes
lottery game, he has introduced a subtle, insidious form of coercion and
duress. It is hard to imagine that he will be the last to erode voluntary,
informed consent in such a way.
Plaintiffs further contend and have substantiated the fact that DHHS
and its sub-agencies appear to be working with elements of major media and
big tech to actively suppress the potential dangers of these injections in direct
defiance of their statutory duty to ensure that people are fully informed about
the potential dangers. Plaintiffs contend, with a solid evidentiary basis for

102 https://news.yahoo.com/vaccinated-ohio-shot-1-million-221700404.html
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doing so, that expanding the EUA to an even younger set of children who are
at no risk of harm from Covid-19, will only further exacerbate this situation.

(2)
Possibility of Irreparable Injury:
The Plaintiffs, as the moving party, must "demonstrate that
irreparable injury is likely in the absence of an injunction." Winter v. Nat.
Res. Def. Council, Inc., 555 U.S. 7, 22 (2008) (emphasis added).  Irreparable
injury can be shown through the lens of 4 questions:
1) Is the type of injury actually irreparable;
2) Is it likely the movant will suffer this injury before a trial on
the merits;
3) Are the defendant’s actions the cause of the injury; and
4) is there an adequate alternative remedy for damages as
opposed to the injunctive remedy at law?

Damage to an individual’s or organization's reputation as a result of
discharge may constitute  "irreparable injury".  Sampson v. Murray, 415 U.S.
61, fn. 68 (1974) ("We recognize that cases may arise in which the
circumstances surrounding an employee's discharge, together with the
resultant effect on the employee, may so far depart from the normal situation
that irreparable injury might be found.").  AFLDS medical professionals are
being coerced into providing a medical intervention using an EUA product
that is untested, and neither safe nor effective.  They are under immediate
threat of concrete irreparable harm.  Injuring their patients by knowingly
subjecting them to these dangerous COVID-19 vaccines, in violation of their
sacred oaths, would lead to litigation, threaten their employment and medical
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licenses, and irreparably damage their reputations.  Refusing to harm their
patients with the COVID-19 vaccines, and attempting to educate them about
the risks of the vaccines, and the availability of alternatives, will lead to
accusations of ethical violations, disciplinary actions by their licensing bodies,
and highly publicized attacks, all of which would threaten their employment
and medical licenses, and irreparably damage their reputations.  They are in
an untenable, unsustainable bind.  "[T]he right to practice is [ ] a very
precious part of the liberty of an individual physician or surgeon. It may
mean more than any property. Such a right is protected from arbitrary
infringement by our Constitution, which forbids any state to deprive a person
of liberty or property without due process of law."  Barsky v. Board of
Regents, 347 U.S. 442, 459 (1954) (Douglas J., dissenting).
ALFDS relies on the integrity of its collective reputation to engage in
its critical mission as an entity. Any perceived loss of that professional
standing through the erosion of its member physicians’ reputations would
harm its own reputation as a body, and cause irreparable harm of the type
discussed in Sampson v. Murray, supra. AFLDS as an organization faces a
higher degree of exposure to imminent irreparable injury because it has the
cumulative exposure of its members. The younger the population to which
additional EUA’s apply, the more clear and present becomes its exposure for
this type of irreparable harm. The bitter irony of the situation is, AFLDS
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could well suffer irreparable damage to its reputation and be hamstrung in
its critical mission when its only “crime” would have been to remain
steadfastly true to its high calling, protecting its members' sacred oaths as
physicians, and to the interests of its members' patients. There is a very real
sense in which an injury to an honest reputation through the gaslighting and
dishonesty of an organized and financially conflicted consortium comprised of
pharmaceutical manufacturers who enjoy immunity from liability and are
reaping astronomical profits and regulators with conflicts of interest failing
to protect the American public, truly exacerbates that which is already
irreparable.
Clearly, AFLDS is not the only Plaintiff subject to the imminent risk of
irreparable harm suffered through loss of reputation. Dr. Roth spoke of the
great personal cost that he suffers by simply entering this litigation as a
named Plaintiff. To the extent that administrators where he practices
medicine see things differently than he does, he has effectively targeted
himself. His sense of duty and moral integrity left him no choice, but he faces
a number of grave risks in the choices he will have to make should this
extension of the EUA be permitted against the young children of his practice.
Plaintiffs ask this Court to recognize that for the Doctors and medical
professionals in this matter, as well as many hundreds and thousands across
our land, simply being forced into this untenable position by the unlawful
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extension of an experiment that was never lawful in the first place, creates
emotional, mental and psychological duress from which some may never
recover, and which certainly therefore must be considered a form of life-
changing, irreparable harm.
Dr. Jensen is in a similar situation. A few years ago he was honored as
the physician of the year in his state. Now, remaining true to that which
brought him the highest honors in his profession could cost him his
reputation and potentially his livelihood. Clearly he will suffer irreparable
harm, should the COVID-19 vaccine EUAs be extended to children.
Ellen Miller will suffer irreparable harm should the state remove her
from her position as a trusted placement for at-risk children. Hers, too, is a
high calling. Her sense of moral obligation to the young souls entrusted to her
care requires her to protect them from dangerous, experimental COVID-19
vaccines that they do not need. Protecting the children she is bound to
protect, might result in her removal.  The lives of the children she nurtures
will be destabilized, and they will endure the trauma of losing parents for at
least a second time.  Our cities are filled with parentless children who need
mothers like Ellen Miller, who are willing to sacrifice their own comfort to
extend their love and their home and their resources. If Mrs. Miller loses her
ability to stand in the gap for America’s at-risk children, the irreparable
harm will spread to other families and children with effects into the future.
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Matt Schweder and his minor daughter live in a jurisdiction that has
been subjected to an aggressive COVID-19 lockdown that regularly involves
police enforcement.  Matt's daughter is already under pressure to accept the
experimental COVID-19 vaccines and will face overwhelming pressure should
the EUAs be extended to the 12-15 years of age group.

Jennifer Greenslade has an auto-immune disease which her minor
child may well have inherited. This places her child at risk from the
experimental COVID-19 vaccines. As Dr. Roth testified in his Sworn
Declaration, even if her child is not auto-immune, she is still at greater risk
of harm from the experimental injections because children’s healthy immune
systems have a stronger reaction to the experimental agents.  Dr. Roth
speaks as a medical expert and practicing physician who has watched
COVID-19 vaccine-injured patients in his practice proceed to death, where he
could do nothing to save them. Thus Ms. Greenslade’s child may be too
immune compromised to survive the COVID-19 injections or may be too
robust to survive them. In either case, the COVID-19 vaccines expose her
child to a significant risk of injury or death. Ms. Greenslade has witnessed
the devastating impacts that the COVID-19 vaccines had on her auto-
immune cousins, and fears the same consequences for her child.  For a
mother like Jennifer, simply extending the EUA to her child's age category
creates irreparable mental and emotional harm.
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Andrea McFarlane is a trauma/ICU nurse. Her boys are 10, 12 14 and
16. As a family, they are in the very center of the firestorm of imminent and
irreparable harm. Andrea could lose her job, her reputation, or even her life.
She could lose her boys. They could lose their health, suffering lifelong injury
or trauma from the experimental injections if choice is removed. The boys will
suffer the loss of friends, along with the good will of their teachers, coaches
and friends for their conscientious stand against human experimentation
that they are taking as a family. All of this harm can be averted entirely by
simply preserving the status quo.
Plaintiffs have summarized supra the horrific adverse events, including
both injury and death, caused by the COVID-19 vaccines as reported to
VAERS.  They have also presented evidence, extracted from Pfizer's EUA
application, that at least that particular COVID-19 vaccine is self-
disseminating, and may be spread by the vaccinated to the unvaccinated,
including children, without their knowledge or informed consent.  Individuals
coerced into taking an experimental COVID-19 vaccine, without complete
information as to risks and alternatives, and under the duress of incentives,
penalties and extreme social pressure, and individuals effectively vaccinated
without their knowledge and consent by a self-disseminating technology, and
injured or killed as a result, have suffered irreparable injury.  Garcia v.
Google, Inc., 766 F.3d 929, 939 (9th Cir. 2014) (aff'd on rehearing en
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banc, 786 F.3d 733 (9th Cir. 2015)("Death is an 'irremediable and
unfathomable harm' … and bodily injury is not far behind.").
Dr. Roth has witnessed the death of patients caused by the COVID-19
vaccines. No vaccine in history has ever caused even a fraction of the deaths
that are reported to have been caused by the COVID-19 vaccines.  Extending
the EUA will increase those numbers, whereas preserving the status quo will
have the effect of protecting the children within the target age group from a
real and concrete risk of injury and death. Every Plaintiff with children or
patients in the target age group stands to be immediately and irreparably
harmed by the extension, and conversely protected by the preservation of the
status quo.
Plaintiffs also note that withholding safe and effective alternative
treatments constitutes an irreparable harm. Henderson v. Bodine Aluminum,
Inc., 70 F.3d 958, 961 (8th Cir. 1995).

(3)
Balance of Hardships:

The balance of hardships test tilts decidedly in favor of the Plaintiffs.
The Defendants can make no science-based argument that preserving the
status quo will create any hardship for them or for the public.  It is possible
that they can show a future monetary loss connected with the financial
conflicts that are revealed and mentioned in this TRO, but those are precisely
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the kind of hardships they may not rely upon to balance this prong of the test
in their favor.
On the other hand, the Plaintiffs have established by credible and
expert testimony and reference to CDC official numbers that the target age
group faces no exposure to harm from COVID-19. Granting the TRO will
preserve that status quo. The 12-15 year olds who are not being harmed by
COVID-19 will continue to suffer no harm from COVID-19. If the EUA is
extended, then the children in the target age group who are currently safe
from the injury and death being visited upon the already vaccinated to a
degree that departs dramatically from recorded experience with all other
vaccines, will immediately begin to suffer that injury and death within their
own population.

Further, the logic for the COVD-19 vaccines breaks down when one
considers the Defendants' theory of asymptomatic spread.  For over a year
now, these Defendants and state-level public health authorities have told the
American public that SARS-CoV-2 can be spread by people who have none of
the symptoms of COVID-19. If that is the case, then a vaccine that merely
reduces symptoms yields no benefits - the virus spreads anyway.  If that is
not the case, and asymptomatic spread is not real, then asymptomatic
individuals do not need to be vaccinated with a vaccine that neither prevents
infection with SARS-CoV-2 nor prevents its transmission.
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(4)
Advancement of the Public Interest:

The Supreme Court has stated that a motion for pretrial injunctive
relief must show "that an injunction is in the public interest." Winter v.
Natural Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). "[T]he court should
weigh the public interest in light of the likely consequences of the injunction.
Such consequences must not be too remote, insubstantial, or speculative and
must be supported by evidence." Id.; see also Courthouse News Service v.
Brown, 908 F.3d 1063, 1068 (7th Cir. 2018) ("court must ask whether the
preliminary injunction is in the public interest, which entails taking into
account any effects on non-parties").

Plaintiffs have demonstrated, using the Defendants, own data, that
COVID-19 presents no statistically significant mortality risk to children
under the age of 16.  Thus these children do not benefit from the COVID-19
vaccines, and the public has no interest in extending the EUAs to this age
category.
However, the American public does have an immediate and
overwhelming interest in ensuring that its public health establishment,
laboring under financial conflicts of interest, subject to extreme political
pressure, and insulated from scrutiny by unprecedented censorship, does not
repeat the errors of Tuskegee and Guatemala, and commit new human rights
crimes.  The public has an overwhelming interest in ensuring that children
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under the age of 16 are not subjected to non-consensual human medical
experimentation in the COVID-19 vaccine rollout.
WHEREFORE, for all of the foregoing reasons, Plaintiffs respectfully
request that the Court grant the relief requested herein, preserving the
status quo by enjoining the very recent without notice extension of the EUA
for the Pfizer-BioNTech COVID-19 Vaccine to the 12-15 year-old age group,
and enjoining further extensions of the EUAs to children under the age of 16
until such time as these issues have been litigated and resolved at trial.

Respectfully submitted this 19th day of May, 2021.

/s/ Lowell H. Becraft, Jr.
Lowell H. Becraft, Jr.
Attorney for Plaintiffs
ASB 5005-F66L
403C Andrew Jackson Way
Huntsville, AL 35801
Phone: 256-533-2535
becraft@hiwaay.net

/s/ Thomas Renz
Thomas Renz
(Ohio Bar ID: 98645)
1907 W. State St. #162
Fremont, OH 43420
Phone: 419-351-4248
Email: renzlawllc@gmail.com
Attorney for Plaintiffs
(Admission Pending Pro Hac Vice)

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/s/ Joey Gilbert
Joey Gilbert Law
405 Marsh Avenue
Reno, Nevada 89509
Phone: 775-210-1501
joey@joeygilbertlaw.com
Attorney for Plaintiffs
(Admission Pending Pro Hac Vice)

/s/ Michael A. Hamilton
Michael A. Hamilton
(KY Bar No. 89471)
HAMILTON & ASSOCIATES
1067 N. Main St, PMB 224
Nicholasville, KY 40356
Tel. 859-655-5455
Attorneys for Plaintiffs
(Admission Pending Pro Hac Vice)

/s/ F.R. Jenkins
F. R. Jenkins
(Maine Bar No. 004667)
Meridian 361 International Law
Group, PLLC
97A Exchange Street, Suite 202
Portland, ME 04101
Tel. (866) 338-7087
Attorney for Plaintiffs
(Admission Pending Pro Hac Vice)

/s/ Robert J. Gargasz
Robert J. Gargasz
(Ohio Bar ID: 0007136)
1670 Cooper Foster Park Rd.
Lorain, Ohio 44053
Phone: (440) 960-1670
Email: rjgargasz@gmail.com
Attorney for Plaintiffs
(Admission Pending Pro Hac Vice)

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/s/ Joseph S. Gilbert
Joseph S. Gilbert
(Nevada Bar No. 9033)
Joey Gilbert & Associates, Ltd
 D/B/A Joey Gilbert Law
405 Marsh Avenue
Reno Nevada 89509
Telephone: 775-284-7700
Attorney for Plaintiffs
(Admission Pending Pro Hac Vice)

/s/ N. Ana Garner
N. Ana Garner
Garner Law Firm
1000 Cordova Place #644
Santa Fe, NM 87505
Tel: 505.930-5170
Attorney for Plaintiffs
(Admission Pending Pro Hac Vice)

Case 2:21-cv-00702-CLM   Document 1   Filed 05/19/21   Page 80 of 80

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