The Supreme Court of Vermont threw out a lawsuit filed by Dario and Shujen Politella of Brattleboro, Vermont whose son L.P. was given a COVID-19 shot without their consent and against their wishes. The six-year-old boy received the shot at a pop-up health clinic hosted by the local school district and the health department.
Prior to the clinic opening, the Politellas informed the school that they did not want their son to receive a COVID shot. They reiterated this decision to the assistant vice-principle that same morning when the boy was dropped off at school. Later that day, an unidentified worker confused L.P. with another child and took him to the clinic and gave him the shot despite his protests that his father did not want him to get it.1 L.P. reportedly told the clinic worker, “dad said no,” but the clinic worker distracted him with a stuffed animal and proceeded to administer the shot.2 3
Prior to the clinic providing COVID shots at the Academy School, district and state officials assured parents that parental consent was required for a student to receive the shot.4
Vermont Superior Court Dismisses Case
In September 2022, the parents filed suit against the Windham Southeast school district, the state of Vermont, the school principal and assistant principal, a teacher school nurse, their pediatrician among other defendants in Vermont state court. The Superior Court dismissed the case last year finding that the parents lacked subject matter jurisdiction and should bring the case in federal court under the federal Public Readiness and Emergency Preparedness Act (PREP Act) immunity exclusion.5 6
Every court has a particular subject matter jurisdiction, which means they are authorized to hear only cases and controversies. That pertains to a specific subject. Federal courts hear cases that involve federal questions such as a challenge to a federal law that allegedly violates the U.S. Constitution or certain cases involving diversity jurisdiction when the parties do not reside in the same state.7 Because the PREP Act is a federal law, the Vermont court held that this case involving the PREP Act belonged in federal court and not Vermont state court.
The parents amended their Complaint, with leave from the court, to include an allegation that the Defendants violated Article 11 of the Vermont Constitution, a state claim, but the lower court still found that this claim was preempted by the PREP Act. The parents disagreed and appealed the matter to the state Supreme Court.8
The Prep Act Grants Broad Immunity to Covered Persons
The PREP Act, which went into effect in 2005, was part of a series of federal laws passed by Congress after 9-11 that gave expanded authority to public health officials and expanded liability protection to companies manufacturing and individuals administering vaccines during a public health emergency declaration.9 The PREP Act states that when the Secretary of Health and Human Services declares that a disease, health condition or threat to public health or threat of same constitutes an emergency, the Secretary may recommend the use of one or more countermeasures.10
The PREP Act provides:
Subject to the other provisions of this section, a covered person shall be immune from suit and liability under Federal and State law with respect to all claims for loss caused by, arising out of, relating to, or resulting from the administration to or the use by an individual of a covered countermeasure if a declaration under subsection (b) has been issued with respect to such countermeasure.11
Vermont Supreme Court Finds PREP Act Gives All Defendants Immunity
The Vermont Supreme Court said that Plaintiffs essentially made two arguments, (1) the defendant’s conduct was not covered by the PREP Act’s immunity provision and (2) there is no preemption by PREP Act in this matter.12
The highest court in the state affirmed the lower court’s ruling finding that the defendants are immune from the lawsuit due to the PREP Act.
The court wrote:
We conclude that the PREP Act immunizes every defendant in this case and this fact alone is enough to dismiss the case… We conclude that when the federal PREP Act immunizes a defendant, the PREP Act bars all state-law claims against that defendant as a matter of law.13
The Vermont Court concluded that the plaintiffs failed to state a claim upon which relief can be granted and there are “no facts or circumstances” allowing the plaintiffs to be granted relief by the court. In order to come to this conclusion and grant defendant’s request for a dismissal on the pleadings, the court had to accept all of plaintiff’s allegations as true and view them in a light most favorable to plaintiffs.14
Looking at the PREP Act, the court determined that a vaccine is a covered countermeasure; that certain covered persons are unable to be sued for administration of the covered countermeasure, and that the immunity extends to any claim that has a causal relationship to the administration of the countermeasure. The only situation that the PREP Act does not provide immunity is when there is a federal claim filed in the U.S. District Court for the District of Columbia that a covered person’s “willful misconduct” caused “death or serious injury.” Plaintiffs in this case did not allege “willful misconduct.”15
On this matter, the court concluded that all defendants fall under the category of covered persons for purposes of the PREP Act and the alleged misconduct of giving a COVID shot to the minor child was casually related to administration of a covered countermeasure, therefore all defendants are immune from liability in this lawsuit.16
The defendant’s attorney, Pietro Lynn, said:
We are very pleased with the court’s ruling affirming dismissal of the case. We are glad to put the matter behind us.
Other State Courts Have Come to the Same Conclusion
This case falls in line with similar cases in other states. A North Carolina Court of Appeals found that a school clinic which gave a 14-year-old boy the controversial shot without his parent’s permission was protected by the PREP Act. The court determined that the PREP Act pre-empted state law. The North Carolina Appeals Court concluded,
Wisely or not, the plain language of the PREP Act includes claims of battery and violations of state constitutional rights within the scope of its immunity, and it therefore shields Defendants from liability for Plaintiffs’ claims.17
If you would like to receive an e-mail notice of the most recent articles published in The Vaccine Reaction each week, click here.
Click here to view References:2 Harris J. State Supreme Court Rules School Cannot Be Sued for Giving Child a COVID Vaccine Without Parental Consent. The Western Journal Aug. 1, 2024.
3 Stieber Z. School That Gave Child COVID-19 Vaccine Against Parents’ Wishes Immune From Lawsuits: Court. The Epoch Times July 30, 2024.
4 Ibid.
5 Ibid.
6 Mays C. Vermont Supreme Court dismisses unauthorized Academy School vaccination case. Brattleboro Reformer Aug. 1, 2024.
7 Legal Dictionary. Subject Matter Jurisdiction. Aug. 17, 20-17.
8 VT 43. Dario Politella and Shujen Politella v. Windham Southeast School District et al. 2024.
9 U.S. Food and Drug Administration. MCM-Related Counterterrorism Legislation. Apr. 29, 2024.
10 Hendler C. NC Court Rules Federal PREP Act Protects Forced Vaccination Without Parental Consent. The Vaccine Reaction Apr. 8, 2024.
11 Emily Happel, individually, Tammer Smith, a minor et al. v. Guilford County Board of Education and old North State Medical Society, Inc. No. COA23-487. Mar. 5, 2024.
12 Ibid.
13 VT 43. Dario Politella and Shujen Politella v. Windham Southeast School District et al. 2024.
14 Ibid.
15 Ibid.
16 Ibid.
17 Emily Happel, individually, Tammer Smith, a minor et al. v. Guilford County Board of Education and old North State Medical Society, Inc. No. COA23-487 Mar. 5, 2024.
7 Responses
Nothing has undermined trust in the public school system more than this ruling! This is chilling. If I was raising children right now, based upon this court’s actions — No way would I allow them to be in a public school, or to be under the supervision of any state agency without my being present at all times. The court just gave the state a loophole they can drive a cruise ship through.
Does this ruling mean that if the person giving the shot, was alleged to have inappropriately touched the child at the same time, they’d have immunity from that too?
What if they spanked or restrained or emotionally traumatized the child in order to give the shot — would they have immunity from being guilty of those things as well?
These rulings embolden any future school administration or health clinic to be more aggressive in their vaccine administration fervor, with the payload of harm to students where ParentalConsent has been removed, accidentally by incompetent staff or volunteers, or because the policy de facto is to vaccinate everyone, regardless.
This means, parents must remove their children from attending schools during vaccination programs, or because of possible lack of communication, home or private school them, for their safety and lives. This mRNA Experimental injection has damaged and killed so many of our young people with heart problems and autoimmune disease, and it is a ticking time bomb, many times not killing or crippling on an immediate basis, as we know from the flood of reports.
Obviously the PREP act has to be rescinded. At any given point a minor child can be redirected against their own and their parents wishes and forcefully given any number of medical treatments. Then all the administrators need to claim legal immunity from this assault on a person, is claim there was some distraction or personnel confusion. The room for abuse here is obvious and vast. Shameful. Someone is going to get hurt one day over these policies. What if the child successfully defended themselves from this assault? Would the child be railroaded through the system like a criminal? What if the nurse was injured by the child defending themselves? Would the parents face lawsuits which could ruin their financial future? And what’s going to happen when that one parent comes along that does not seek amends through the court and instead is overwhelmed with emotion that their child was assaulted in this manner, taking that back to the person or persons whom violated their childrens right to self determination and a safe environment?
This brings up even more important questions about the appropriate scope of the educational system and the function of a school, and school administrators. Previously we wrote many a letter to the school district and managers challenging them on this specific point. ‘At what point in time did the school become an advocate for the vaccine industry? Why exactly is the school now functioning as a sales outlet for pharmasuetical products? This is what our tax dollars for education now pay for? Pop up tents so big pharma can push more of it’s for profit products at schools to school children when their parents are not even there? Under an illusionary fictitious idea there is not a hospital within a hundred miles like they live in third world rural Africa, and the only way people can access medicine is from mobile pop up tents?’ Why have the schools turned themselves into for profit medical product sale advocates? Who’s still buying this?
At what point have school administrators been properly trained to deliver medicines in a similar controlled setting like a hospital? The nurse had no business being on school grounds and was obviously incompetent when it came to managing and handling children. One does not get to violate peoples rights just because they’re small, infirm, or easily distracted. This is a shameful miscarriage of justice. People should rally and demand that efforts like ‘pop up tents’ and mobile vaccine clinics be prohibited from being anywhere within a hundred yards of a school setting. Call it the LP act. That family will never be able to trust school administrators ever again for as long as they live. The harm is permanent and now they can only wait to see what long term effects the vaccine may have on their son. The school administrators should all be fired if they had not immediately shut the whole thing down with permanent prohibitions put in place the very moment they learned such an egregious thing happened. The court should challenge itself and reconsider the PREP act, reconsidering the federal governments role in the matter. The governments appropriate role is to protect our rights, not deliver us for profit pharmasuetical products, nor to protect for profit companies and their employees from liability exposure when they violate peoples rights.
No means no. It does not mean anything other then no. To violate a persons medical sovereignty in this manner is criminal, it does not matter if there was substantial physical harm or not. The harm is present in the violation of individual sovereignty, that is enough. You can’t stab, shoot, hit, cut, trip, spit on people. But apparently you an poke them with needles full of god knows what and that’s an acceptable form of assault because it’s ‘medicine’? People should have received felony charges and been marched out of that school building in handcuffs.
If that happened to this family’s child it could happen to anyone. That’s why we consistently tell our children it’s o.k. to fight back against school administrators or anyone not in their immediate family, and use whatever force may be necessary to defend themselves. Be that a poke to the eye a punch to the throat, a wrestling move to break free of someones grip, scream out and shout for help. They will never get in trouble at home for standing up to someone in the world whom attempts to assault them or does not respect that no means no.
This is how far away these corrupt processes and systems has moved society in general. We’re now collectively training our children in self defense actions that can be employed against public school teachers and nurses, constantly reminding children the teachers at public schools are not all trust worthy. We trained our children on this matter long ago, fearful such an event as is detailed in this article, could have happened to our family as well. It’s always only been a matter of time before someone made this mistake, or performed such an action on purpose because they have been propagandized to the point they honestly believe unvaccinated persons are a threat to them personally. Schools are not hospitals and there should not be a single damned medical product there except for perhaps an aspirin, an ace bandage wrap, a burn kit, band aids. What’s next are schools going to also function as addiction relief centers where kids can show up to get their intravenous fixes at the nurses station if they become addicted to drugs? On site abortions for teens at the local high school? Some schools have already incorporated sex change hormone treatment into their on site medical options. Clearly the public school systems have lost focus of their purpose. We should reign them in and provide limitations that it is a crime for anyone in a position of trust at a public school to be involved with any form of medical intervention of a child. If parents or children need medical help they can call an ambulance, or walk ten minutes to the nearest hospital or corner clinic. The child was not in danger. The pop up tent should have never been there in the first place. Unbelievable.
Learn about Russell-Jay Gould people! And learn FAST! Especially those who want to go to “courts”. During Martial law all courts are CLOSED! Those who don’t know this are simply harvested by the actors “judges”. The Constitution ended in the year 1999. But nobody is in the rush to tell us this. Cowards 🤡
Take your kids out of the public school indoctrination criminal system and home school them.
An excellent well informed take on the matter JoAnn, Pamela. Please, post your stories on this board. This is such an important matter. The child is definitely scarred for life to some degree in terms of trusting adults and medicine in general. A similar thing happened to me as a child. For some reason when I was very young I became deathly afraid of needles. I remember the sudden betrayal of trust, having been tricked, then jabbed. Never got over that feeling. Hated and avoided hospitals ever since my entire life. My mother was poor and the vaccine industry had not yet cracked the code to get their mainline government subsidy tax money supply going yet, so we simply did not pay the out of pocket costs for the vaccines. So the vaccination visits only happened a few times. By that time I had aged out of the youth vaccine schedule zone. (and the CDC schedule was far less then is today.) Suddenly when I turned eighteen, magically nobody cared anymore and I never was asked if I’d taken a vaccine ever again for nearly thirty years. I never took another vaccine except for a few tetanus shots when I stepped on rusty nails. None of those diseases people talked about ever happened.
We took our youngest daughter in one time for some vaccines, although we had waited until she was two years old to get first ’round of shots’. When she cried out in pain after they tricked her into not looking it all came back to me. Then later that day her young eyes glazed over and she had neural screaming for several days, could not sleep, and seemed to lose focus on us. We felt so incredibly guilty and panicked over the matter. We turned to a mashed cilantro tea and mashed garlic onion sizzle with a tiny touch of beef meal and fed that to our daughter by way of a tiny spoon and bottle. This was supposedly a DIY way to achieve some level of natural chelation which could purge heavy metals out of the body. The cilantro lifts the metal from organic matter, which is the most complex part of detoxification due to the binding nature. Then the garlic binds the temporarily free toxin to carry it out of the body. Took it ourselves and had headaches for days then our over all health was better for a long time. The reason those headaches occur is because the metals were stripped from our neural pathways and they were inflamed temporarily, then the condition subsided. That’s how you can know the process works and one needed the chelation because they had heavy metal toxicity. Some people take that meal and feel nothing, probably because they don’t have the metal toxicity. Everyone with a vaccine injured child should try that meal. Use an entire bag of fresh cilantro in a tea mash then strain, only gently heat and never boil or you lose the sought after elements. Cook the mashed garlic only gently added after cooking other items, because you’re looking for next to raw garlic, to consume roughly a half to a full sized entire garlic each person. Sizzling with onions and beef makes it palatable for children.
Our daughters eyes and attention came back, she was fine. We never ever went back for vaccines and absolutely refused with our second daughter. That’s when we started donating to NVIC and reading everything about the vaccine issue. The power of the vaccination model lies not in health, but their ongoing propaganda campaign to scare and shame parents whom do not subscribe to this model. We’ve been denied the full range of extra curricular activities but have no regrets. The childrens health always comes first. That would include mental health and trust.
Our children have only needed to go to the hospital two or three times each for broken bones over more than ten years and they are resilient, smart, and happy. At first we did the yearly wellness checks but grew weary of the same tired routine. They’ve tried to subscribe every type of medicine for every imaginable minor issue. All the doctors want to do is diagnose a problem, then prescribe. They are not satisfied with the notion we eat organic, do not take vaccines, and there is nothing wrong with the children. All the doctors except for a rare few just immediately pressure us for vaccines, question us about them, then come up with some meaningless diagnosis and reason why should accept some medicines or ‘preventative care’. I tell them directly; The best preventative care possible is staying away from hospitals. We’ll come back if we need you.
When covid hit we withdrew them from public school. For fear of the exact issue this article details, as well as other creeping radical progressive issues such as SEL and CRT suddenly in the curriculum. But mostly it was their email notifications there would be a pop up covid tent on school grounds. That was not going to fly because it is obvious how much room for error there is. Couple that with how the teachers went full on lunatic on board with an immediate and unbreakable case of hypochondria, that is not a healthy environment for a child. The adults were not behaving in a trust worthy manner anymore. The lack of professionalism and authoritative tones suddenly coming from the school personnel was absolutely shocking. We walked away.
Now that they’re older past the most vulnerable years we’re sending our children back in. They are much better equipped to say no on their own, to physically fight back if necessary, to resist progressive ideology, and far less susceptible to such forms of intimidation. Special shout out to the Adams 12 school system in Colorado, those idiots. Parents have had enough. It’s going to take a while but we are now part of a growing societal wide lifelong committed group of people whom will reform the public school systems and strip these people of their excess power and privilege over our lives. Parents are in control of their own children, not the teachers, not the medical community. There will be no compromise. No means no.
Time to remove citizen ship under federal jurisdiction also parents should be home schooling not allowing the gov to raise their kids. Wtf did they expect. Stupidity