Two U.S. service members who had already been diagnosed with COVID-19 filed a lawsuit to exempt themselves from getting the vaccine.
Army Staff Sgt. Daniel Robert and Marine Corps. Staff Sgt. Hollie Mulvihill filed a lawsuit on Aug. 17 in the U.S District Court for the District of Colorado that would exempt military members who already had the coronavirus from the vaccination requirement.
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“Service members that have natural immunity, developed from surviving the virus, should be granted a medical exemption from compulsory vaccination because the DoD instruction policy reflects the well-established understanding that prior infection provides the immune system’s best possible response to the virus,” the lawsuit states, according to Military.com.
The plaintiffs have 14 affidavits from service members whose commands have allegedly pressured them to get vaccinated. Of the group, six have applied for religious waivers and four previously had COVID-19, with one in the latter group also receiving a religious waiver.
“These are the healthiest people on the planet in their age group … so why are we rushing? What is the compelling reason forcing the military to say, ‘You must take this vaccine, regardless of what the law says?'” Todd Callender, a representative for the plaintiffs, told the outlet.
The plaintiffs argue Army Regulation 40-562 provides the necessary precedent to exempt them from the vaccination.
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According to the regulation, “General examples of medical exemptions include the following — underlying health conditions … evidence of immunity based on serologic tests, documented infection or similar circumstances.”
Secretary of Defense Lloyd Austin mandated the vaccine late last month when the Pfizer/BioNTech coronavirus vaccine received the Food and Drug Administration’s full authorization. Each branch set its own deadline for when personnel must get vaccinated, with the Air Force’s deadline of Nov. 2 for active troops being the soonest.
