The attorney representing Children’s Health Defense (CHD) and 13 Rutgers University students in a lawsuit challenging Rutgers’ COVID-19 vaccine mandate policy said the District Court of New Jersey didn’t follow the legal standard when it dismissed CHD’s case.
In an interview this week with The Defender, Julio C. Gomez of Gomez LLC, lead counsel in the case, said U.S. District Judge Zahid N. Quraishi’s argument for granting the university’s motion to dismiss “failed to accept the facts as alleged in the plaintiffs’ complaint as true,” as required under the legal standard on a motion to dismiss.
CHD on Oct. 19 appealed the decision and on Monday filed a summary of its appeal. Gomez also spoke with The Defender about Rutgers’ Nov. 4 announcement that it is partnering with Pfizer on a new clinical trial to evaluate the safety and efficacy of the bivalent COVID-19 vaccine in children under age 5 “Rutgers should be keenly aware that so far, the studies that are being used to support COVID-19 vaccination of children are deeply flawed and that the risks of experimental vaccination are too great for children who face negligible risks from COVID-19, especially when so many are already naturally immune,” Gomez said.