In a groundbreaking decision filed today, NY State (NYS) Supreme Court Judge Gerard Neri held that the COVID-19 vaccine mandate for healthcare workers is now “null, void, and of no effect.” The court held that the NYS Dept. of Health lacked the authority to impose such a mandate as this power is reserved to the state legislature. Furthermore, the court found that the mandate was “arbitrary and capricious” as COVID-19 vaccines do not stop transmission, vitiating any rational basis for a mandate.
Children’s Health Defense (CHD) financed this lawsuit on behalf of Medical Professionals for Informed Consent and several individual healthcare workers. Sujata Gibson, lead attorney, said, “This is a huge win for New York healthcare workers, who have been deprived of their livelihoods for more than a year. This is also a huge win for all New Yorkers, who are facing dangerous and unprecedented healthcare worker shortages throughout New York State.”
CHD President Mary Holland stated, “We are thrilled by this critical win against a COVID vaccine mandate, correctly finding that any such mandate at this stage, given current knowledge is arbitrary. We hope that this decision will continue the trend towards lifting these dangerous and unwarranted vaccine mandates throughout the country.”
We are off to a great start in 2023.
