Tuesday, October 18, 2022

"The workers comp route is attractive to lawyers because it's relatively straightforward in every state"

From JustTheNews

. . . failure by a medical professional arguably constitutes battery under state law because it denies informed consent to the potential victim of vaccination, according to Mendenhall. 

The people and the organizations involved with this effort are impressive and the more trustworthy folks that I've read and listened to.  

"We're trying to slot people into the right lawyers" for their specific vaccine issues, said Ohio-based Warner Mendenhall, who is also representing vaccine trial whistleblower Brook Jackson in a False Claims Act lawsuit against Pfizer and its contractors. The attorney is working with groups including the Front Line COVID-19 Critical Care Alliance, Children's Health Defense and First Liberty Institute.

Mendenhall started researching the viability of workers comp this spring and got his first ruling for his first client last week. An Ohio administrative court recognized the validity of the vaccine injury but rejected the compensation claim because the client took the vaccine "in anticipation" of a mandate set to take effect a week later.

New York-based lawyer Robert Krakow told Just the News he's been referring prospective vaccine-injury clients who were subject to employer mandates to lawyers who handle workers comp. 

The workers comp route is attractive to lawyers because it's relatively straightforward in every state and shouldn't be preempted by the currently suspended federal vaccine mandate on large employers, Mendenhall said. 

He pointed to a 7th U.S. Circuit Court of Appeals ruling that moved a wrongful-death COVID lawsuit against a nursing home back to state court, finding the claims weren't preempted by the federal PREP Act.

The father of the boy, who has suffered "anaphylactic reactions to prior shots," wants him to get vaccinated. Mendenhall said he warned the doctor about liability that would stem from refusal to evaluate the ingredients in the vaccine in relation to the boy's medical history.

Such a failure by a medical professional arguably constitutes battery under state law because it denies informed consent to the potential victim of vaccination, according to Mendenhall. 

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