US Mum sues Doctor over vaccinating Children - a UK perspective

Mar 17, 2023

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.

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.

  • claiming damages for the harm done by the unwanted vaccination, a process which involves proving harm, requires expert witness evidence and can take years while also being potentially bankruptingly expensive
  • reporting the case to the police: treatment without consent constitutes an offence and the healthcare professional could be found guilty of assault or battery (but good luck getting anyone to actually prosecute this)
  • bringing a private prosecution instead of relying on the police and prosecution services (CPS) - here the CPS still retains the right to take over the case and lawyers have told us that they will almost certainly do so and then discontinue the case; we do not know of any test case however

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.

Other solutions

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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