Legal Team Led by Robert F. Kennedy, Jr. Sue New York State for Denying Lawful Medical Exemptions to Allow Medically Fragile Children Back in School
An online press conference will take place Thursday, July 30th at 10:00 a.m. with the legal team, doctors and several plaintiffs (parents and their medically fragile children).
Albany, NY—Attorneys Sujata Gibson, Michael H. Sussman, Robert F. Kennedy, Jr. and Mary Holland filed a class action lawsuit last week in the Northern District of New York challenging the constitutionality of New York State’s Department of Health regulations that allow school principals to overrule treating physicians on recommendations about medical exemptions to immunization for medically fragile kids. The named plaintiffs, eight New York State families whose valid medical exemptions for their school children were overruled, and Children’s Health Defense (CHD), a 501c3 non-profit organization, ask that the court declare the state policy unconstitutional and allow the children back into school.
“What these families have gone through shocks the conscience,” said lead attorney Sujata Gibson. “Since August 2019, when the regulation took effect, thousands of immunocompromised children throughout the state have had their treating physicians overruled and been removed from school. These are the children we were supposed to be protecting through our school vaccine program. Instead, our policies are disproportionately harming our most vulnerable students.”
In powerful detail, the complaint describes how these families have sought and received multiple exemptions from licensed physicians and specialists, only to have them denied by school officials. This widespread practice of rejecting valid medical exemptions is especially bewildering as New York State repealed the religious exemption to vaccination in June 2019, arguing that it was to protect immunocompromised and medically vulnerable children.
“My child has suffered enough because of his health condition,” said plaintiff Jane Doe. “Why must he suffer school expulsion and ostracism too?” Robert F. Kennedy, Jr., Chairman of Children’s Health Defense, stated, “The right to a valid medical exemption from vaccine mandates has been federal law and policy for over a hundred years. New York State betrays children when it rejects exemptions from licensed, treating physicians in favor of the say-so of principals and superintendents.”
During the press conference, there will be an opportunity for lawyers to take questions from the media and our community of concerned citizens.
The post Legal Team Led by Robert F. Kennedy, Jr. Sue New York State for Denying Lawful Medical Exemptions to Allow Medically Fragile Children Back in School appeared first on Children's Health Defense.
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