Tolleson, DL. “Covid-19 Vaccines Are a Voluntary Option, Not Mandatory.”
Facebook.com, August 6, 2021.
https://www.facebook.com/dl.tolleson/posts/10157917188246373.
Tolleson, DL. “Covid-19 Vaccines Are a Voluntary Option, Not Mandatory.”
DLTolleson.com, August 7, 2021.
http://www.dltolleson.com/commentary/fdamrnaoption.php.
Tolleson, DL. “Covid-19 Vaccines Are a Voluntary Option, Not Mandatory.”
TheLighthousePress.com, August 7, 2021.
http://www.thelighthousepress.com/dltolleson.com/commentary/fdamrnaoption.php.
I am writing, of course, of nationwide shutdowns responsive to the alleged impending coronavirus pandemic. We were on the verge of collapsing our medical infrastructures, or so we were told. If we did not shutdown everything and quarantine ourselves, the sick and dying would overwhelm the health industry.
And so we here in America shut everything down in order to “flatten the curve” of the infections and give our medical system the chance it needed to prepare.
What happened next will not be fully realized or described until many years hence, when historians debate the matter. However, if the current public outcry is any indication, what happened—what is happening—is a vast overreach into the freedoms, health and very lives of U.S. citizens.
Vaccines, which are normally 5 to 10 years or more in development and testing, have been instead rushed out the door within less time than a Presidential term of office. There is widespread pressure and influence for people to accept these experimental vaccines.
In response, many people are looking for every kind of excuse in the world to avoid receiving a COVID-19 vaccination. It is even now en vogue to use religious objection forms to buttress the refusal of a vaccine, that in reality, people may refuse without offering one word of explanation. And to make this matter worse, employers and various entities have begun making employment and participation contingent on having received one of these mRNA vaccines.
That is the specific reason for the following article.
Note: The terms “employer, employee, employment” throughout this article also apply to any and all forms of application, affiliation, enlistment and enrollment for which an individual solicits or petitions any number of various and sundry entities, be they agencies, associations, businesses, clubs, colleges, military, organizations, schools, etc. Also note that my background is in litigation support. I am not an attorney. Observations and recommendations herein-below are my own. Utilize this information at your own discretion. If in doubt or concerned, seek the advice of an attorney specializing in the relevant areas of the law.
The advocates and opponents of mRNA COVID-19 vaccines constitute one of world’s greatest dichotomies concerning a medical product.
As a result many public and private sector employers are making employment contingent on being vaccinated with one of the mRNA COVID-19 vaccines.
However these practices are on a collision course with the Food and Drug Administration’s (FDA) assurance of an individual’s right to refuse mRNA vaccines. When that collision happens (if it hasn’t already) the plaintiffs will be terminated employees and people denied employment. The defendants will be employers (corporate, non-corporate, big and small).
Employment made contingent on an mRNA COVID-19 vaccination is in contradiction to the FDA advising that individuals have the legal right to refuse mRNA vaccines.
It is thus logical for employees to utilize FDA authority in admonishing employers to avoid litigation by also avoiding, or rescinding, termination of employment that has been made contingent on an mRNA vaccination. And it is equally logical for unemployed individuals to utilize FDA authority to secure employment while illustrating the legal conflict inherent to employment contingent on an mRNA vaccination.
So the first, and arguably best approach, is to print and carry the FDA’s policy regarding covid-19 vaccines and vaccinations. When employment is characterized as contingent on a COVID-19 vaccine, present the FDA’s policy, with the relevant language highlighted.
The relative language occurs in two locations at the website of the FDA. Here is what to look for and use. First, print and highlight the following that COVID-19 vaccines are available via ONLY Emergency Use Authorization (EUA), which means…
“An Emergency Use Authorization...is...the availability and use of...vaccines, during public health emergencies, such as the...COVID-19 pandemic. (The) FDA may allow the use of unapproved medical products...in an emergency to...treat, or prevent serious or life-threatening diseases ...when...there are no adequate, approved, and available alternatives.”1
• Footnote “1” is the full text and link to the web page for printing out.
Secondly, print and highlight the following assurance that you CANNOT be forced into taking a COVID-19 vaccine that is available for use under EUA (“available” is not the same as “licensed for use,” and thus being experimental cannot be mandatory)…
“FDA must ensure that recipients of the vaccine under a EUA are informed...of the known and potential benefits and risks...that they have the option to...refuse the vaccine, and of any available alternatives to the product.”2
• Footnote “2” is the full text and the link is to the same web page as Footnote “1.”
Optionally, you can also print out the FDA’s list of currently licensed vaccines, which does not reflect ANY mRNA vaccine in the United States (as indicated by their absence from the list).
You can print the entire list as found here...
https://www.fda.gov/vaccines-blood-biologics/vaccines/vaccines-licensed-use-united-states
These texts are the authority establishing the legal right to refuse mRNA COVID-19 vaccines.
Furthermore, any mRNA COVID-19 vaccine that is voluntarily received under EUA comes with the caveat that no one can be held liable for subsequent injury, disability or death. After all, you VOLUNTARILY accepted the vaccination and the associated risk. Therefore, to make employment contingent on this vaccine is to compel a vaccination of an experimental, unlicensed and unapproved medical product in order for an individual to earn a living. And that, I suspect, engenders at least some element of liability upon the part of the employer—especially if the employee becomes injured, disabled or dies as a result of a vaccine he or she would not have otherwise accepted.
And finally, to further underscore the dangers involved with these vaccines, one can also print the reports of health incidents, injury, disabilities and deaths, the last of which are at 11,940 as of this writing (August 6, 2021). This information, referred to as the Vaccine Adverse Event Reporting System (VAERS), is documented and co-managed by the Centers for Disease Control and Prevention (CDC) and the FDA. You have two options for printing this data; you can utilize the more complex to navigate and read government website, or the website of the OpenVAERS Project, which downloads the same VAERS data and displays it in an easier to browse and comprehend interface.3
I hope you find this information of practical use.
1 Full Text of “What is an Emergency Use Authorization (EUA)?”
This is the first headline item at the top of the web page.
“An Emergency Use Authorization (EUA) is a mechanism to facilitate the availability and use of medical countermeasures, including vaccines, during public health emergencies, such as the current COVID-19 pandemic. Under an EUA, FDA may allow the use of unapproved medical products, or unapproved uses of approved medical products in an emergency to diagnose, treat, or prevent serious or life-threatening diseases or conditions when certain statutory criteria have been met, including that there are no adequate, approved, and available alternatives. Taking into consideration input from the FDA, manufacturers decide whether and when to submit an EUA request to FDA. Once submitted, FDA will evaluate an EUA request and determine whether the relevant statutory criteria are met, taking into account the totality of the scientific evidence about the vaccine that is available to FDA.”
https://www.fda.gov/vaccines-blood-biologics/vaccines/emergency-use-authorization-vaccines-explained
2 Full Text of “How Will Vaccine Recipients Be Informed About The Benefits and Risks of Any Vaccine That Receives an EUA?”
This is the second headline item from the bottom of the web page.
“FDA must ensure that recipients of the vaccine under an EUA are informed, to the extent practicable given the applicable circumstances, that FDA has authorized the emergency use of the vaccine, of the known and potential benefits and risks, the extent to which such benefits and risks are unknown, that they have the option to accept or refuse the vaccine, and of any available alternatives to the product. Typically, this information is communicated in a patient “fact sheet.” The FDA posts these fact sheets on our website.”
https://www.fda.gov/vaccines-blood-biologics/vaccines/emergency-use-authorization-vaccines-explained
3 Vaccine Adverse Event Reporting System
https://vaers.hhs.gov/
OpenVAERS Project
https://www.openvaers.com/
