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9th Circuit Court of Appeals Acknowledges Plaintiffs’ Claim that COVID-19 mRNA Jab is NOT a Vaccine, But a Therapeutic

In a contentious case involving the Health Freedom Defense Fund and other plaintiffs versus the Los Angeles Unified School District (LAUSD), the court acknowledged the plaintiffs’ claim that the COVID-19 mRNA vaccines do not meet the traditional definition of vaccines because they do not prevent the spread of the virus but only mitigate symptoms.

The case revolved around the LAUSD’s COVID-19 vaccination policy, which required all employees to be fully vaccinated against COVID-19 by a specified deadline.

The case, brought by the Health Freedom Defense Fund and several individuals, argues that the LAUSD’s vaccination mandate interferes with their fundamental right to refuse medical treatment. The plaintiffs assert that the mRNA COVID-19 vaccines merely mitigate symptoms rather than prevent infection or transmission, which they claim does not align with the traditional definition of a vaccine.

In its decision, the 9th Circuit highlighted that the district court had misapplied the precedent set by Jacobson v. Massachusetts, which upheld mandatory smallpox vaccinations due to their effectiveness in preventing disease spread. The court noted that the plaintiffs’ claims, taken as true at this stage, suggest that the COVID-19 vaccines do not effectively “prevent the spread” of COVID-19, thereby warranting further consideration of their allegations.

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