Questions to ask if your employer mandates vaccines

By: James V. Kohl | Published on: November 1, 2021

Thanks to a friend for providing permission to use these questions on 10/26/21 at 7:06 am
I really havenโ€™t thought of that [whistle-blower status]. I may do it, but you can do what you want with them. You have my permission.

NOTE TO EMPLOYER:

As your employee, I am requesting that you review this document, provide the requisite information, and sign the form, in regards to your requirement that employees get a Covid-19 emergency use authorization (EUA) invitational vaccine.

1) If I agree to receive an EUA Covid-19 injection, does my employee health insurance plan provide complete coverage should I experience an adverse event, or even death?

2) As an employee, will employees life insurance policy provide any coverage in the event that I die from receiving an EUA Covid-19 injection?

3) As an employee, will you be providing Workersโ€™ Compensation, disability insurance, or other resources if I have an adverse event to an EUA Covid-19 injection and am unable to come to work for days, weeks, or months, or if I am disabled for life? Please be specific on the plan you provide

4) The Food and Drug Administration (FDA) requires that EUA vaccine recipients be provided with certain vaccine-specific information to help them make an informed decision about vaccination. The EUA fact sheets that must be provided are specific to each authorized Covid-19 injection and are developed by the manufacturers of the injections (Pfizer/BioNTech, Moderna, Oxford/AstraZeneca, and the Johnson & Johnson subsidiary Janssen). The fact sheets must provide the most current and up-to-date information on the injections, and vaccine recipients must also receive information about adverse events. Have you read, understood, and provided me (and all other employees) with these fact sheets (not govโ€™t fact sheets, but from the manufacturer. The Moderna insert is โ€˜blankโ€™ from what pharmacy has told me, because it is not approved) and with current information on adverse events so that I/we can make an educated decision?

5) Have you reviewed the available databases of material adverse events reported to date for people who have received Covid-19 injections?ย  Potential and reported adverse events include death, anaphylaxis (which I have a history of), neurological disorders (my father has Guillian Barreโ€™), autoimmune disorders, other long-term chronic diseases, blindness and deafness, infertility, fetal damage, miscarriage, and stillbirth.

6) The FDAโ€™s guidance on emergency use authorization of medical products requires the FDA to โ€œensure that recipients are informed to the extent practicable given the applicable circumstances that they have the option to accept or refuse the EUA productโ€ฆ.โ€ Are you aware of this statement? Have you informed all employees that they have the option to refuse?

8) EUA products are unapproved, unlicensed, and experimental. Under the Nuremberg Codeโ€”the foundation of ethical medicineโ€”no one may be coerced to participate in a medical experiment. The individualโ€™s consent is absolutely essential. No court has ever upheld a mandate for an EUA vaccine. In Doe #1 v. Rumsfeld, 297 F. Supp. 2d 119 (2003) , a federal court held that the U.S. military could not mandate EUA vaccines for soldiers: โ€œ…[T]he United States cannot demand that members of the armed forces also serve as guinea pigs for experimental drugsโ€ (Id. at 135). Are you aware of this?

9) The United States Code of Federal Regulations and the FDA require the informed consent of human subjects for medical research. The EUA Covid-19 injections (Moderna-which is offered to VA employees) ย are unapproved, unlicensed, investigational vaccines that are still in their experimental stage. It is unlawful to conduct medical research on a human being, even in the event of an emergency, unless steps are taken to secure the informed consent of all participants. Are you aware of this?

10) According to Federal Trade Commission (FTC) Guidelines and the FTCโ€™s โ€œTruth In Advertising,โ€ promotional materialโ€”and especially material involving health-related productsโ€”cannot mislead consumers, omit important information, or express claims. All of this falls under the rubric of โ€œdeceptive advertisingโ€ (whereby a company is providing or endorsing a product), whether presented in the form of an ad, on a website, through email, on a poster, or in the mail.

For example, statements such as โ€œall employees are required to get the Covid-19 vaccine to make the workspace safeโ€ or โ€œitโ€™s safe and electiveโ€ leave out critical information. Critical information includes the facts that Covid-19 injections are unapproved EUA vaccines that donโ€™t prevent Covid, wonโ€™t necessarily make the workspace safer, and could in fact cause harm. Not providing links or attachments of the manufacturersโ€™ fact sheets (which Iโ€™m being told there isnโ€™t one available) and current information on adverse events is omitting safety information. Are you aware of this?

11) Since the Covid lockdowns began over one year ago, there have been over 178 reported breaches (most likely more than that now) of unsecured protected health information (PHI), incidents investigated by the Office for Civil Rights (OCR). These breaches exposed millions of peopleโ€™s personal health information. Although many of these incidents were attributed to hacking, some of the breaches to PHI fell directly under the 1996 Health Insurance Portability and Accountability Act (HIPAA), such as sharing a patientโ€™s or personโ€™s information with an unauthorized individual (such as our managers) or incorrectly handling PHI. Can you please explain your obligations to me, under HIPAA law, and how you are going to protect my personal information – both with respect to your requirement that I receive this injection?

12) Whereas pharmaceutical companies that manufacture EUA vaccines have been protected from liability related to injuries or deaths caused by experimental agents since the PREP Act1 was enacted in 2005, companies and all other institutions or individuals who mandate experimental vaccines on any human being are not protected from liability. Are you aware that you do not have such liability protection?

13) Are you aware that employees could file a civil suit against you should they suffer an adverse event, death, or termination from their place of employment? ย 

As the legally authorized officer of the employer/company, I have read all of the above information, have provided my employees with all of the information that the FDA requires be provided to recipients of the Covid-19 injections, and do hereby agree to assume 100% , financial responsibility for covering any and all expenses from adverse events, including death, through insurance coverage or directly. In addition, I affirm that the employees will not be subjected to the loss of their job should they decline to receive a Covid-19 injection.

ย _____________________________________________________________ย ย ย ย ย ย 

ย (PRINT AND SIGN)ย  Authorized officer of company requiring injection

_____________

Date

___________________________________________________

(PRINT AND SIGN)ย ย ย ย  Employeeย ย ย ย ย ย ย ย ย ย ย ย ย ย ย 

ย ____________

ย ย Date

ย ________________________________ ________________________________

Witnessย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย  ย Date

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