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Rhode Island Supreme Court Issues Temporary Stay Protecting Children from COVID Vaccination

parent holding hands with child

The Rhode Island Supreme Court sided with a father who does not want his daughter to be vaccinated for COVID-19 in the first case of a parental disagreement over a COVID-19 shot to reach the highest court in a state. The court issued a temporary stay preventing the mother from giving the party’s two daughters a COVID shot.1

The family court had ruled in favor of the mother allowing the girls, ages five and eight, to receive the shot, but the father made an emergency appeal to the state Supreme Court before that could happen. On Jan. 26, 2023, a lone justice issued a stay until the full five panel of judges were available to weigh in on the matter. On Feb. 9, the full panel of justices ruled to uphold the stay and ordered a full trial to take place on Apr. 19.2

At issue in this case, Lauren Nagel v. Joshua Nagel, was language in the divorce settlement regarding how the parents would make medical decisions affecting their children. The divorce agreement stipulated that the parents would jointly decide major decisions affecting the health of the children and that, “neither parent shall unreasonably withhold his or her consent to medical treatment for the children or the administration of medication recommended by the pediatrician of the children.”3

Both Girls Have Naturally Acquired Immunity

The children’s pediatrician Colleen Ann Powers, MD recommended that the girls receive the COVID shot, as was her general recommendation to her patients. Dr. Powers had already administered between 1,500 to 2,000 doses of the shot to her young patients. While Dr. Powers claims that the shot prevents severe symptoms of COVID disease, there is no efficacy data and conflicting observational data regarding the product’s ability to reliably prevent infection and transmission of the SARS-CoV-2 virus. The doctor recommended the shot for the girls based on recommendations from the U.S. Centers for Disease Control and Prevention (CDC) and the American Academy of Pediatrics (AAP).4

Both girls have recovered from previous COVID infections, and a doctor testifying on behalf of the father, pointed out that the girls already have naturally acquired immunity. Andrew Bostom, MD testified that the father’s position was reasonable, especially considering that the state of Florida and Denmark do not recommend that children receive COVID shots at all due to the risk of serious side effects and the low risk of serious COVID disease in children.5

Gregory Piccirilli, the father’s attorney, said:

We are just very gratified that the Rhode Island Supreme Court has granted this stay and is willing to listen to our arguments as to why these two young girls do not need the COVID vaccine.6

The COVID Shot Has Become a Hot Topic Among Divorced Parents

The Nagels are among a growing number of divorced parents fighting over whether their children will receive the controversial vaccine. Attorney Hilary Moonay said that her law firm receives at least one call a week from parents on this issue. She said:

For comparison, prior to the pandemic, custody-related vaccine issues were rare. I probably had a total of two or three over the course of my 25-year career before now.7

When faced with divorced parents disagreeing over vaccinating their children, judges will look at what is in the best interest of the child. Factors that help guide the court as to what is in the child’s best interest include the reasoning behind both parents’ decision, specific health risks, and medical expert opinion especially from the child’s treating physician.8 Some courts will assign a Guardian ad Litem to protect the children’s interests. The Guardian ad Litem will examine the facts and make a decision in lieu of the parents about what would be in the children’s best interest regarding vaccination.9

Jessica Kitain, a Philadelphia based family lawyer, explains that tension between divorced parents is at an all-time high. She said:

Everything’s changing. CDC guidelines are changing. Mandatory things are changing. Most people in custody cases operate with a written agreement where terms are set, and they’re clear, and everyone knows what to do. Now that has become a moving target. We’re constantly coming up with new terms.10

Kiilu Davis, an Arizona family lawyer who has been involved in a few court battles where divorced parent couldn’t agree whether their children should get COVID shot said that, while courts do not like getting involved in raising a child, there has been a trend in courts following the CDC’s recommendations toward allowing the parent to vaccinate the  children over the other parent’s objection.11 The question remains whether courts will change their position as more and more evidence that the COVID shots are causing severe adverse reactions is revealed.


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Click here to view References:

1 Stenhouse M. RI Supreme Court Sides with Father seeking to Protect his Child from the Covid Vax. Ocean State Current Feb 10, 2023.
2 Ibid.
3 Stieber Z. State Supreme Court Blocks Mother From Vaccinating Children Against COVID-19. The Epoch Times Feb. 11, 2023.
4 Ibid.
5 Ibid.
6 Ibid.
7 Campoamor D. Divorced parents are going to court over COVID-19 vaccines for their children. Today Nov. 19, 2021.
8 Perkins J. When Parents Disagree on Vaccinating Children Against COVID-19. The National Law Review Feb. 20, 2023.
9 Chiarito B. Divorce attorneys brace for exes battling over kids getting COVID-19 vaccine. Chicago Sun Times Aug. 29, 2021.
10 Shoichet C. How Covid is making divorce cases more complicated. CNN Jan. 30, 2022.
11 Monga V. Divorced Parents Fight Over Their Kids’ COVID-19 Vaccination. The Wall Street Journal Feb. 3, 2022.

11 Responses

  1. Well, people are stupid and get what they deserve. How many of you have had a conversation about vaccination before going forward with a firm commitment? Pro vax? Not happening. NEXT. Like divorced parents are even capable of ‘prioritizing the children’. Give me a break.

    It takes two to tango. Kissing makes babies. Holding hands ruins lives. Consuming vaccine causes chronic illness for the rest of your natural life. It’s not rocket science. You can’t inject health through a needle. Just keep arguing about these topics forever, stay stuck in your holding pattern. The wholesale destruction of the human race will continue.

  2. One day when these girls grow up and become women, they will thank their father for their life, and maybe one day if the mother wakes up she will thank him also.. This is a father to be proud of.. Not surprised at all the pediatrician sided with covid and the mother, she likes her title and pay check..

    1. Those pediatricians make big bucks on sick kids….and there’s more sick kids today than ever before in the USA.

    2. Those pediatricians make big bucks on sick kids….and there’s more sick kids today than ever before in the USA.

  3. DON’T GIVE YOUR CHILDREN THE KOOL-AID!! If a parent fights to have their children vaccinated against the wishes of the other parent, the parent that wanted it should have to take full financial responsibility for all medical care of the children if any health issues mentioned in the insert, or on vaers, arise afterwards. If the child dies after the shot, they pay all funeral costs, as well. Since the medical Mengells will never admit shots kill or injure, it is assumed that any health issues that arise in a healthy child after a vaccine are the result of the vaccine, regardless of all hypocritical denial. Died suddenly on Bitchute. Check it out.

    1. @GM – I doubt very much that this father is putting finances above the health of his daughters, evidenced by the fact that he has hired a lawyer and is fighting it to the highest level of court in the state. It’s a shame that your solution to making this situation just and fair is so extremely shallow, which is to absolve the objecting parent of any responsibility, financial or otherwise.

  4. If you’re doctor recommended COVID vaccine tell them ‘No, I will be back if I change my mind’ and ask for your medical records on the way out.

  5. Someone I know got 2 of the mRNA gene therapy shots. She said she was never sicker in her life and her doctor didn’t recommend she get any more, though they can lose their license if they aren’t careful for saying the truth.

    That mother is insane, she must be deaf dumb and blind to want her babies to get those shots! Maybe she hates her own kids. Just look at what those shots do to people, “sudden deaths” are way up in the past few years since the shot roll out. It must be quite a contentious divorce, some people use their children to “get back” at the other spouse, maybe that’s the case here.

    Either way, that “mother” should look at the photos people have posted called “died suddenly”.

  6. Well, people are stupid and get what they deserve. How many of you have had a conversation about vaccination before going forward with a firm commitment? Pro vax? Not happening. NEXT. Like divorced parents are even capable of ‘prioritizing the children’. Give me a break.

    It takes two to tango. Kissing makes babies. Holding hands ruins lives. Consuming vaccine causes chronic illness for the rest of your natural life. It’s not rocket science. You can’t inject health through a needle. Just keep arguing about these topics forever, stay stuck in your holding pattern. The wholesale destruction of the human race will continue.

  7. Someone I know got 2 of the mRNA gene therapy shots. She said she was never sicker in her life and her doctor didn’t recommend she get any more, though they can lose their license if they aren’t careful for saying the truth.

    That mother is insane, she must be deaf dumb and blind to want her babies to get those shots! Maybe she hates her own kids. Just look at what those shots do to people, “sudden deaths” are way up in the past few years since the shot roll out. It must be quite a contentious divorce, some people use their children to “get back” at the other spouse, maybe that’s the case here.

    Either way, that “mother” should look at the photos people have posted called “died suddenly”.

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