Breaking: Court Declares mRNA COVID Vaccines Not Vaccines

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In recent development over the COVID 19 vaccine saga, the 9th circuit court has ruled that the mRNA Vaccine produced by Pfizer and Moderna are actually not vaccines. This ruling automatically stripes them off of their legal liability protection.

As expected, this decision has stirred discussion about potential legal actions to be taken against these pharmaceutical companies as some users expressed scepticism over the effectiveness and safety of the vaccine. The court ruling also raised questions about the classification of the vaccines as well as their implications concerning future litigation and public health strategies.

COVID 19 shots were claimed to be a treatment as they reduce symptoms and prevent hospitalisation. It is like a medical treatment not a “traditional” vaccine, and this interpretation helped to distinguish Jacobson and presented a different government interest. The district court held that even if it is true that the vaccine does not “prevent the spread”, Jacobson still says that the vaccine’s mandate that is being challenged here is subject to and actually survives the basis test.

The district court was of the school of thought that “Jacobson does not require that a vaccine should have the specific aim of preventing diseases,” and acknowledged the plaintiffs’ allegation that the vaccine did not “prevent the transmission or contraction of Coronavirus disease”. Rather, it declared that “these features of the vaccine help to further the protection of LAUSD students and employees from COVID 19,” therefore, the policy survives rational policy review.”

This misapplies Jacobson as Jacobson held that mandatory vaccinations were rationally related to “preventing the spread” of smallpox. But Jacobson, however, did not involve a claim where the now complicated vaccine was designed to reduce symptoms in the infected recipient, rather than preventing transmission and infection.”

The district court erred in holding that Jacobson extended beyond it’s public health rationale to mandate prophylactic measures to prevent shot recipient from spreading the disease to others, and govern “forced medical treatment” for the benefit of the recipient.

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