The controversial US charity Childrens's Health Defence , founded by Robert F. Kennedy, Jr., is funding a lawsuit against a doctor alleged to have vaccinated two children against Covid-19 without parental consent. The mother also claims the children were wrongly told the vaccines were mandatory to attend school.
Children's Health Defence say the lawsuit seeks damages for false imprisonment, battery and fraud.
For parents who feel strongly about Covid-19 vaccines the case reads like a harrowing account of criminal behaviour and yet it is not uncommon. Consent Charity is regularly contacted by UK parents whose children received vaccinations at school without consent. Cases range from administrative errors to allowing a child to override parentail refusal based on Gillick competence .
What can UK parents do in such a case?
In practice, parents are often left without recourse to justice after vaccination without consent. The above case in the US, while claiming to be about damages, is in fact at this stage only seeking a declaration by the court as to who is right.
UK parents have broadly got three options and none have much chance of success.
The closest legal remedy available to UK parents is an injunction to prevent any (further) treatment and for this the court would have to be convinced that the treatment is not in the child's best interest. Judges cannot be experts themselves in all areas so they will rely on expert witnesses to guide them. Parents will find it almost impossible to find an expert who is acceptable to the court and yet willing to advise against vaccinations.
So far, the only viable way forward has been for parents to keep children home on school vaccination day and to make sure children are as affirmative as they can under the circumstances.
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