Drs. Paul Thomas and Kenneth P. Stoller and Stand for Health Freedom are suing the CDC, alleging the agency’s failure to test the cumulative effect of its vaccine recommendations for children violates federal law and children’s constitutional rights.
Two doctors who lost their medical licenses because they questioned the CDC’s vaccine recommendations for children are suing the agency for failing to test the cumulative effect of the 72-dose schedule on children’s health.
Drs. Paul Thomas and Kenneth P. Stoller and Stand for Health Freedom filed the lawsuit last week in federal court, alleging the lack of safety testing violates federal law and children’s constitutional rights.
The lawsuit names Susan Monarez, Ph.D., in her official capacity as director of the Centers for Disease Control and Prevention (CDC).
Attorney Rick Jaffe, who represents the plaintiffs, said the lawsuit “goes to the heart of the CDC’s childhood immunization program — a 72-plus dose medical intervention schedule that has never been tested.”
According to the complaint, the CDC’s childhood immunization schedule “is only based on an evaluation of short-term individual vaccine risks,” as the CDC “has never studied the combined effects and the accumulating dangers of administering all of the vaccines.”
The lawsuit states:
“The facts establish a continuing public health outrage hiding in plain sight: America administers more vaccines than any nation on earth while producing the sickest children in the developed world. Yet CDC demands proof of harm while refusing to conduct the studies that could provide it.”
According to the complaint, the CDC violated the First Amendment free speech and Fifth Amendment due process clauses of the U.S. Constitution, and the Administrative Procedure Act, under which agency actions are considered “arbitrary and capricious” if they have “failed to consider an important aspect of the problem.”
Lawsuit asks court to force CDC to study childhood vaccine schedule
Kim Mack Rosenberg, general counsel for Children’s Health Defense (CHD), said the lawsuit is “bringing to light critical facts about the U.S. childhood vaccine schedule about which most parents are unaware.”
She said: “The schedule is essentially an experiment on our children, and one that becomes increasingly concerning as more shots are added and combination vaccines introduced.”
The lawsuit also argues that the CDC violated the law by not convening its Task Force on Safer Childhood Vaccines since 1998. On Friday last week — the same day Thomas and Stoller sued the CDC — the U.S. Department of Health and Human Services announced it is reinstating the Task Force on Safer Childhood Vaccines. The lawsuit describes this as “an encouraging small first step,” but still doesn’t address “the lack of safety testing of the entire vaccine schedule.”
According to the complaint, while the schedule is officially a recommendation, most states use it as the basis for imposing vaccination requirements on children — and disciplinary actions against physicians who raise questions about the schedule.
The plaintiffs “seek judicial intervention to restore scientific integrity and medical freedom,” including a declaration that the CDC’s framework is unconstitutional and arbitrary and capricious, and an order obliging the CDC to “conduct scientifically rigorous studies of the cumulative safety of the full childhood vaccination schedule.”
Jaffe said he also hopes the lawsuit will raise public awareness of the fact that the childhood immunization schedule has not been tested in its entirety.
“This case exposes that structural failure,” Jaffe said. “I am hoping that the revelations in this lawsuit will create some public outrage or at least serious concern and make the entire schedule shared decision-making until the schedule is conclusively proven to be safe and the program does more good than harm.”
