NC Appeals court blocks damages over unwanted COVID jab (04-05-2024--Hour2)

[00:00:00] What's going on? Thank you so much for listening to this podcast. It is heard live every day

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[00:00:23] episode for free, write your smartphone or tablet and again thank you so much for

[00:00:27] your support. I mentioned the other day that I had read through a couple of opinions that

[00:00:33] had come down from the Court of Appeals, North Carolina State Court of Appeals and we did

[00:00:39] one of them the other day but the other ruling that I read was Guilford County or sorry

[00:00:48] it was Emily Happel and on behalf of Tanner Smith versus Guilford County Board of Ed and

[00:00:57] Old North State Medical Society, Inc. So you got Emily Happel and her I believe her son

[00:01:08] Tanner Smith as she's remarried and the stepdad is kind of tangentially involved here but

[00:01:16] she's the mom, okay. Emily has a son named Tanner Smith, okay and they appeal a trial court's

[00:01:24] dismissal of their lawsuit that they had brought against the Guilford County Board of Education

[00:01:30] and the Old North State Medical Society at issue statutory immunity under the Federal

[00:01:41] Prep Act which is the Public Readiness and Emergency Preparedness Act, okay, Prep Act, Public

[00:01:50] Readiness and Emergency Preparedness Act. All right so here is according to the Court

[00:01:57] of Appeals ruling, here's what happened this is on August 14th, 2021 all right so COVID

[00:02:05] days, summertime, schools getting ready to start back up. Tanner is a 14 year old and

[00:02:14] a football player at Western Guilford High School okay he's this is inside Guilford

[00:02:19] County Schools. He gets a letter dated August 19th that informs him and his parents Emily

[00:02:28] his mom and Brett Happel his stepfather that Tanner may have been affected by a recent COVID-19

[00:02:38] cluster. Remember these days right I'm old enough to remember these days when like oh my gosh

[00:02:44] somebody near you got you know tested positive for COVID so now every single person that

[00:02:51] you like walk past that you looked at like everybody now has to be alerted and then

[00:02:56] they all start freaking out and then they have to tell everybody that they know and all

[00:02:59] that and by the way all of that contact tracing that was all crap okay that contact tracing

[00:03:06] and I was saying this at the time the contact tracing matters if the if a pandemic has just

[00:03:14] begun right and you're trying to find patient zero very quickly if because they're maybe

[00:03:20] walking around still infecting other people whatever so you want to try it like if

[00:03:23] you could round everybody up and quarantine everybody at the very earliest stage of the

[00:03:30] of an outbreak the contact tracing matters but by the time we were doing it I mean you

[00:03:35] had millions and millions of people all over the planet that had had interactions like

[00:03:42] how are you tracing this and again and it turned out you know of course it didn't

[00:03:49] have much value and the health services abandoned the practice so because it became endemic right

[00:03:56] it's now endemic like the common cold okay so the stepfather Brett he takes Tanner to

[00:04:07] get a test because in order to play football at his school he was required to get COVID

[00:04:17] testing and so the Guilford County Public Health Department recommended and requested

[00:04:23] COVID-19 testing for individuals potentially infected regardless of their vaccination status

[00:04:30] the letter stated that unless parents allowed their children to be tested not not even

[00:04:37] vaccinated but just tested for this out for this particular cluster outbreak Guilford

[00:04:42] County schools would not allow the players to return to practice until they were cleared

[00:04:48] by a public health professional right so they had to go in and get a test okay the letter

[00:04:55] also states COVID-19 testing would be available on August 20th 2021 at no cost to the high

[00:05:06] school right okay so got to get tested if you want to play the sports you got to go get

[00:05:12] this you got to go get the test not the shop but you got to go get the test and

[00:05:17] you were exposed so go to the school and get the test and you're and it's free

[00:05:23] the letter indicated that the old north state medical society would be conducting

[00:05:28] the testing and you as the parent would have to consent for your kid to get the test right so far

[00:05:37] all of this makes sense right all this makes sense all right you get the q tip up the nose

[00:05:41] and then you're you can go out and start you know cracking heads okay so on August 20th 2021

[00:05:48] stepdad brett drives tanner to the testing site at the school stepdad remains inside his vehicle

[00:06:01] while tanner goes in i don't know why there is no explanation for this

[00:06:09] i'm not i'm not sure well considering how things played out i think that was the

[00:06:14] wrong choice i think stepdad i think brett probably should have gone in with tanner now maybe tanner

[00:06:20] was like i don't want you to be with me no one else is going maybe he is there with his friends and

[00:06:25] they all go in together you know they didn't want they didn't want dad to be near him whatever he's

[00:06:30] a 14 year old right this is how they behave i've heard um so brett stays out in the car tanner

[00:06:37] goes in and by the way this testing facility is also a vaccination site now i at that you see where

[00:06:49] this is going can you see where this is headed inside clinic workers give tanner a form to fill out

[00:07:00] and he believed it to be something related to the COVID-19 test because it said you had to give consent

[00:07:07] tanner was seated in the facility while a clinic worker tried unsuccessfully to call his mom Emily

[00:07:14] to obtain consent to administer a vaccine a COVID-19 shot the workers did not attempt to contact

[00:07:26] brett who was out in the truck now again i got a question tanner why wouldn't you tell the workers

[00:07:38] brett's out in the truck right like why wouldn't why wouldn't you say if you're trying to get consent

[00:07:45] why don't just go out and talk to brett or i'll go get him and bring him in or whatever

[00:07:49] so after the clinic workers fail to make contact with tanner's mom one of the workers tells the other

[00:07:57] worker give it to him anyway tanner said he did not want a vaccine and he was only there expecting

[00:08:06] a test but one of the workers administered a fizer COVID-19 vaccine to him anyway

[00:08:13] anyway those are the facts of the case the plaintiffs so the parents now they sue and they

[00:08:23] allege battery violations of the mom's constitutional liberty and parental rights and of tanners

[00:08:34] bodily autonomy rights under the state constitution and they allege violations

[00:08:41] of both plaintiffs federal constitutional rights which by the way they would pretty soon after they

[00:08:48] would abandon the federal constitutional claims on appeal so they're just left with the battery

[00:08:57] claim and the violation of constitutional and parental rights under the state constitution

[00:09:05] okay um the defendants here they said we have immunity

[00:09:14] because they got the shot oh i'm kidding that doesn't give you immunity um no i'm

[00:09:21] no they're claiming that they have immunity under the prep act the federal prep act

[00:09:29] so that's what this case is about okay son doesn't want the shot mom and dad don't want him to get

[00:09:35] the shot he goes in to get a test they give it to him anyway they sue and the people that administered

[00:09:41] the shots say you can't sue us we have immunity under this federal law all right so i've given

[00:09:47] you the details on this uh this case it's out of um greensboro basically gilford county and um

[00:09:55] you got tanner smith wants to play football 14 years old he gets a notice from the health department

[00:10:03] hey you were hanging out with some of these kids and they got cove it one of them's got

[00:10:06] coveted so you got to go test it or else you can't go on the field for practice so you know dad

[00:10:11] takes him to the site so he can get tested he goes in there and the workers are like oh let's

[00:10:18] give this kid a vaccine shot and he's like no i don't want one and they're like try to call

[00:10:23] his mom they can't get his mom but his dad's right outside never ask him or that's never communicated

[00:10:28] whatever so they give him the jab anyway that he did not want so now mom and dad are suing

[00:10:35] for constitutional violations and battery okay the board of ed and the medical provider

[00:10:46] they're saying they have immunity under the federal prep act and the court of appeals in

[00:10:56] north carolina agreed due to the sweeping breadth of the federal liability immunity provision in

[00:11:06] the prep act we are constrained to disagree with the plaintiffs this thing was enacted in 2005 the prep

[00:11:16] act it provides that when the secretary of health and human services makes a determination that a

[00:11:23] disease or other health condition or other threat to health constitutes a public health

[00:11:30] emergency or that there is a credible risk that the disease the condition or the threat may in the

[00:11:38] future constitute such an emergency then the secretary may make a declaration recommending

[00:11:46] the quote manufacture testing development distribution administration or use of one or

[00:11:55] more covered countermeasures and what does all of that mean it means that if the secretary declares

[00:12:02] an emergency then they can stick you with the shot because it's a covered countermeasure

[00:12:12] right and they have immunity subject to the other provisions of this section a covered person

[00:12:16] shall be immune from suit and liability under federal and state law with respect to all claims

[00:12:25] for loss caused by a rising out of relating to or resulting from the administration to where

[00:12:33] the use by an individual a covered a countermeasure blah blah blah blah they are immune under this

[00:12:39] law from 2005 skipping ahead this is by the way this is hapel v guilford county board of ed that's

[00:12:48] the the ruling here if you are interested in looking it up wisely or not the court says the

[00:12:54] plain language of the prep act includes claims of battery and violations of state constitutional

[00:13:00] rights within the scope of its immunity and it therefore shields the defendants from

[00:13:07] liability for these claims there does not appear to be a fourth circuit court of appeals nor a

[00:13:16] north carolina federal district case that that connects to this or or would apply here so

[00:13:23] they have to look at some out of state cases the first one parker v st lauris county

[00:13:31] lauris county public health department they held a vaccination clinic due to the outbreak of the

[00:13:36] h1n1 flu and a nurse employed by the health department gave a vaccination to a child without

[00:13:45] getting parental consent and the court said that's okay congress intended to preempt all state law

[00:13:56] tort claims arising from the administration of covered countermeasures second case

[00:14:04] cowan v wallgreen the plaintive alleged that she visited a wallgreen store asked for a flu vaccine

[00:14:10] oops got the covet one instead the court in cowan noted the prep act congress plainly provides

[00:14:18] immunity under both federal and state law with respect to all claims and finally mt versus walmart

[00:14:27] the plaintiff mother sued walmart after one of its pharmacists administered a covet 19 vaccine to her

[00:14:33] minor child without her consent and the court noted the immunity listed under the prep act is

[00:14:38] broad and applies to any claim for loss that has a causal relationship with the administration to

[00:14:46] or use by an individual of a covered countermeasure and the covered countermeasure

[00:14:52] is the shot is a vaccination shot it is the text is unambiguous according to the courts and if you

[00:15:00] don't like the language in the prep act then congress needs to change the language in the

[00:15:08] prep act because otherwise anytime they declare a state of emergency they can go run around and

[00:15:15] jab your kid uh yeah people oh sorry there's apparently i'm getting a lot of traction off of the

[00:15:22] sound bite of kamala harris who apparently was not aware that the ncda women's basketball brackets

[00:15:30] existed before like two years ago

[00:15:37] what you didn't think the brackets existed

[00:15:40] i mean i could play you the audio clip it's from news 14 sorry from spectrum news tim boyam in roley

[00:15:50] he got a uh got the opportunity to ask kamala harris a couple of questions while she was in

[00:15:56] charlotte and this thing is now this clip has now gone kind of viral i guess um

[00:16:03] do you know okay a bit of a history lesson do you know that

[00:16:07] hang on a second where's the venn diagram here

[00:16:16] i i feel i feel robbed there's no venn diagram here all right so he's all right so this i will

[00:16:22] paint the picture for you uh tim boyam has his back to us uh he's got the microphone

[00:16:28] pointed towards her she's standing in front of uh an american flag and then there's uh there's

[00:16:34] like a white flag behind her i guess is that the presidential flag maybe i don't know do you know

[00:16:40] okay a bit of a history lesson do you know that women were not the women's teams were not allowed

[00:16:47] to have brackets until 2022 think about that and what that talk about progress you know

[00:16:54] better late than ever but progress and what that has done because of course when you know

[00:16:58] i had a bracket i'm it's not broken completely but i won't talk about my bracket but you know what

[00:17:04] just how we love we love march madness and even just now allowing the women to have brackets and

[00:17:11] what that does to encourage people to talk more about the women's teams to watch them

[00:17:17] now they're being covered you know and and this is the reality people used to say all women's

[00:17:22] sports who's interested well if you can't see it you won't be but when you see it you realize oh do you know

[00:17:33] by the way her facial expressions during this history lesson that she's providing to tim boyam

[00:17:40] who just sits there nodding which like

[00:17:45] like all i could maybe you're just i don't know like i just know how i would react

[00:17:51] if i'm sitting there and somebody is whizzing on my boot and telling me that it's raining i would be like

[00:17:56] no really i mean i would do it like that i wouldn't do it like oh my gosh you're an idiot and a liar

[00:18:04] like i wouldn't say it like that i would say it i'd say oh how about the brackets or whatever

[00:18:10] oh hey do you know a little bit of a history lesson that the women were not even allowed

[00:18:15] to have a bracket i would have said like no that's not right did that do it 2022 are you sure about

[00:18:22] that with they can't have like there was was there a bracket ban are you telling me like was there

[00:18:27] a law against women having brackets because that seems weird because i'm pretty sure they've had

[00:18:32] them like a really long time like ever since they kind of created the whole tournament structure

[00:18:37] no because that's what a tournament structure is

[00:18:44] are you talking about televising i know that's not true because i've i've been aware that the

[00:18:49] women's basketball tournaments have been broadcast on tv for years i mean i don't watch them but

[00:18:58] no it's nothing no but look i think you know part of it is you know who you know who is

[00:19:04] i think really uh responsible and who should get all the credit really for the new attention

[00:19:12] to women's basketball

[00:19:16] Steph Curry yeah i mean without him uh you know uh kind of redefining the way that the game

[00:19:25] is played with the three point shooting and all of that you know now all of a sudden like

[00:19:30] because for a long time it was all about the dunks right that's when i grew up i grew up at a time when

[00:19:37] it was you know get the ball to the big man down low and he'll dunk and then along comes Michael

[00:19:42] Jordan and now he's dunking jumping off from like the three point line and stuff just like flying

[00:19:47] our around the court dunking here dunking there not even to mention tim dunking but you got

[00:19:52] all the dunking going on that's what everybody wanted to see three pointers were not like

[00:19:57] they were you had like one guy on the team who could hit three pointers right and then so now it's

[00:20:03] like now you got like seven footers that hit three pointers so really it is that's his name right Steph

[00:20:11] Curry um he's i think he really deserves all the credit for the women's basketball

[00:20:18] i'm just kidding but that is no less stupid of an argument than what the vice president made

[00:20:28] okay a bit of a history lesson do you know that women were not the women's teams were not allowed

[00:20:34] to have brackets until 2022 i don't believe you i don't believe you

[00:20:46] that it's that it's just not true um the ncw oh here we go oh good she's getting community noted

[00:20:54] um the ncaa women's basketball tournament began using structured tournament brackets in 1982

[00:21:02] missed it by this much 40 years she was just 40 years off that could happen to anyone you know

[00:21:09] 2022 1982 what ebbs and there you go tournament brackets 1982 with the inception of the women's

[00:21:22] ncaa basketball tournament and look watching the women's game now is a lot of fun because

[00:21:32] they because now it's the game is like it's all about the three-point shot now

[00:21:37] it seems to me like i haven't really followed basketball since i worked for the hornets

[00:21:41] kind of had a falling out with nba basketball and then it kind of just trickled over into

[00:21:45] basketball in general but yeah digress the the point here is that the game has shifted

[00:21:51] and i think that's a good thing for women's basketball because people now want to see a lot

[00:21:55] more of the three-point shots and there's nothing that stops the ladies from taking the three-point

[00:22:01] shots right dunking yeah it's a little bit i know far be it for me to suggest that men and women

[00:22:09] might be different in their ability to dunk the ball but i did okay i did i don't know why

[00:22:17] i'm even well how am i even on this topic i don't even know um

[00:22:24] okay i can't read that denis um john says the white flag behind kamala harris is the vice

[00:22:35] presidential flag why does the vice president need a flag what are we doing here why why is the

[00:22:48] v need a flag although it doesn't make sense that she would have a white flag sorry that's no no it's

[00:22:55] not it's not that's not her specifically that has the white flag but it is a white flag

[00:22:59] why would you want your vice president to be rolling up waving a white flag right like come on

[00:23:06] because like what happens you're in war the president falls and they're like uh don't

[00:23:11] worry the vice president is here and she comes rolling up with the white flag and people think

[00:23:15] oh well she's surrendering like that's to me bad idea anyway yeah so now this this clip is uh

[00:23:22] this clip is making the uh this is making the rounds oh here you go uh yeah they're

[00:23:28] going to take you all back out of brackets this is the argument now from joe biden not the back in

[00:23:33] chains this is uh they're going to take away your brackets if you elect republicans they're

[00:23:39] going to make sure that you women can't be in your own ncaa brackets air fryer hoax it's coming

[00:23:49] Pam it's coming next hour um regarding the court of appeals ruling on the COVID shots

[00:24:00] Judson burger writing at the uh at national review um he was taught the other and this was

[00:24:08] a a couple weeks ago he said that it's nothing short of rewriting histories

[00:24:12] yeah nothing short of rewriting history to suggest that school closures were just another

[00:24:19] pandemic era conundrum that policymakers had to navigate with imperfect information okay but that

[00:24:27] is how it's being framed now right there is a rewriting of the COVID history that is occurring

[00:24:33] right now retconning if you will as more and more data emerge demonstrating just how damaging

[00:24:43] the push for seemingly interminable remote learning was to vulnerable students right this

[00:24:51] is now how it's being framed today see this was just a case of well-meaning officials

[00:24:57] you know doing the best they could in difficult times and it's this narrative that sounds kind of

[00:25:04] reasonable until you know you go back a couple of pages in the history book and if you do that

[00:25:10] you realize that isn't actually what was occurring see i remember this and you probably

[00:25:16] do too because we're old enough to remember it what was uh the official line and narrative about

[00:25:24] the closing of all the schools were there any voices saying hey we shouldn't do this i know there

[00:25:29] were i was one of them and i'm not a fan of the k-12 government model okay if you're listening to this

[00:25:36] podcast you are obviously paying attention to the world around us you also have really great

[00:25:42] taste i might add but if you haven't started getting prepared for various emergencies i gotta

[00:25:46] ask what are you waiting for please call my friends bill and jan at carolina readiness supply

[00:25:52] and they'll help get you started if you have no idea how to start they can help you

[00:25:56] if you're an experienced prepper they can help you too being prepared is just smart we've already

[00:26:01] established that you're smart i mean you listen to this podcast after all so let's put those smarts

[00:26:06] into action go to carolina readiness dot com that's carolina readiness dot com or call them

[00:26:13] at eight two eight two two six seventy two thirty nine carolina readiness supply has two

[00:26:18] thousand square feet of supplies as well as educational materials that you're going to need

[00:26:22] for any kind of emergency veteran owned carolina readiness supply will you be ready when the

[00:26:27] lights go out all right so um judson berger writing at the national review under the

[00:26:35] headline don't tolerate the rewriting of covet history and right now there are uh people

[00:26:42] that are advancing this narrative that well you know we did the best we could we had this

[00:26:46] information it was all that we had right well meaning government officials just doing the best

[00:26:55] they could in difficult times um but if you were paying attention and you were raising questions

[00:27:01] and you suffered the backlash that i can tell you i did uh many people did i there you know

[00:27:09] i could name them i mean like the entire uh all of the the signers of the great barrington

[00:27:15] declaration for example and it was most acute and obvious on this decision to close schools

[00:27:25] and keep them closed because initially like for whatever the initial response was remember the first

[00:27:32] reaction was well first it was don't believe donald trump go to china town celebrate the chinese

[00:27:38] new year you know because donald trump is an orange man he's bad and so if he's you know

[00:27:43] warning against the wuhan flu then he's just a racist right but then it was 15 days to flatten the

[00:27:52] curve right which was what don't overload the hospitals because everybody was going to be

[00:27:57] coming in there everybody was going to be sick so you everybody had to you know stay away from

[00:28:02] the hospitals don't go in for your regular routine uh checkups and stuff or your um

[00:28:08] you know screenings and that sort of stuff because we needed to make sure that the hospitals

[00:28:13] did not become overrun and then turn into basically you know like the zombie apocalypse

[00:28:20] so um oh and by the way there was a cost to that too right people who didn't get their

[00:28:25] preventative screenings ended up getting various ailments left unchecked and then died right

[00:28:34] so there was a cost to that which i was saying at the beginning you know it's all of these decisions

[00:28:40] as tomas soul points out right these are trade-offs so when you're out there promoting one particular

[00:28:46] course of action there is another side of the ledger as i keep referring to it right there's

[00:28:51] another side of the ledger what is the cost within weeks of the experiment to shut down the

[00:28:59] schools parents recognized the catastrophic circumstances that have been imposed on their

[00:29:06] families they told anybody willing to listen from pollsters to politicians that this new status quo

[00:29:12] was unsustainable but those concerns were met with a blizzard of emotionally manipulative

[00:29:19] brushback pitches in which parents were accused of wanting to sacrifice the lives of america's

[00:29:26] educators only to restore the convenience that the pandemic had taken from them right this was the

[00:29:32] narrative and you saw it during our gubernatorial election dan forest against roi cooper right dan

[00:29:42] forest kept saying masks don't work and it was the old and after he said it one or two times

[00:29:48] then it was all any of the media would ever ask him about that was the focus of every single

[00:29:54] thing that he did any campaign appearance and again this was during cova 2020 so you know you're

[00:30:01] limited in how you can campaign and that sort of stuff and everything became about that and the

[00:30:07] the media like w r a l all of the state the north carolina political press they covered

[00:30:12] anything related to the gubernatorial election through this one prism through this one narrative

[00:30:18] that dan forest is anti science and he wants everybody to die because he's young he's healthy

[00:30:25] so screw everybody else right he wants teachers to die because republicans hate teachers

[00:30:32] and it wasn't the case and there's there's there's been no acknowledgement of that right and this

[00:30:39] is why we're not going to get anything except this and i know a lot of trump supporters don't

[00:30:46] like it when i say this but this rematch the geriatric rematch that we're getting this ensures

[00:30:52] that we will not get um any kind of an accounting on the coven response because both of these guys

[00:31:01] both of them that are running did stuff wrong and none of them want to acknowledge that they

[00:31:06] did stuff wrong but that is essential that we know that there is an accounting so we know

[00:31:11] what worked what didn't in this way we don't do the stuff that didn't work we don't do that

[00:31:15] stuff again all right that'll do it for this episode thank you so much for listening i could

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