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DoD fights lawsuit blaming it for COVID vaccine-related death

LEGAL NEWSLINE

Tuesday, December 24, 2024

DoD fights lawsuit blaming it for COVID vaccine-related death

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WASHINGTON (Legal Newsline) - The U.S. Department of Defense is confused as to why it is named as a defendant in a lawsuit alleging a 24-year-old man's death was a result of receiving a COVID-19 vaccine.

The DoD filed a motion to dismiss Sept. 1 in Washington, D.C., federal court in a case over the death of George Watts, Jr. The suit says Watts died from vaccine-related myocarditis and blames the DoD for its role in facilitating the vaccines.

"(T)he complaint does not allege any direct connection between Mr. Watts and the DoD, let alone any action on the part of DoD that could plausibly constitute willful misconduct," the motion says.

"Instead, the complaint seeks compensation based on DoD's alleged role in encouraging the general public to receive the COVID-19 vaccine and assisting private parties to produce and distribute COVID-19 vaccines. The Court should dismiss this case in its entirety."

According to the plaintiff's complaint, Watts was a 24-year-old who was attending classes at Corning Community College in Corning, New York. The plaintiff alleges that in August of 2021, CCC mandated the COVID-19 vaccine for students who wanted to attend in-person classes. 

The plaintiff further alleges that Watts received his first dose of the Pfizer-BioTech COVID-19 vaccine and suffered "numerous adverse health consequences" which worsened after his second dose of the vaccine. The plaintiff claims Watts had no previous medical history to explain his sudden death on Oct. 27, 2021, and that his cause of death was from "COVID-19 vaccine related myocarditis." 

The plaintiff alleges that the two doses of the Pfizer vaccine given to Watts were "an unlicensed product under the auspices of the Department of Defense" and its Operation Warp Speed. The plaintiff further alleges the DOD caused accelerated production of the vaccine in a "deliberate and calculated mass-deception campaign" while stating the vaccines were "safe and effective."

The DoD makes several arguments for dismissal, including:

-Sovereign immunity bars the claim against government officials sued in their official capacity;

-The claim under the Public Readiness and Emergency Preparedness Act fails to plead willful misconduct; and

-There is no allegation Watts ever heard a statement made by a DoD official about COVID vaccines or relied on one when deciding to receive the vaccine.

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