Pena v VDH Lawsuit & How to Follow

Written by Doc Kek

Help Doc Kek fund his appeal: https://www.givesendgo.com/AmericanFoundationforInformedConsent

Below is an update of our very own Doc Kek’s lawsuit against the Virginia Department of Health, originally posted on his substack, which can be found here.

How do you ask for Informed Consent on the Biologic Toxicity of the Spike Protein?

1. When I win I will have established "legal standing" for further suit. 

2. When the declaratory judgment is granted it will be the first instance in the nation where the spike protein were to be legally defined as a biologic toxin and everything making it in the body a toxic substance; 

3. with further notice being mandated to anyone receiving the inoculation of the possibility of a "health-care associated infection" related to long Covid.

4. Game. Set. Match.

Legal Basis

This is meant to be a background on the legal basis for bringing suit for Informed Consent against any that would deny it. 

In Virginia, Informed Consent is defined as “providing policies allowing knowing and voluntary agreement, without undue inducement or ANY ELEMENT of force, fraud, deceit, duress, or other form of constraint or coercion, of a person who is capable of exercising free power of choice.”

Shall Include

The “basic elements of information necessary to such consent” (Basic Elements) shall include: 

1. A reasonable and comprehensible explanation to the person of the proposed procedures or protocols to be followed, their purposes, including descriptions of any attendant discomforts, and risks and benefits reasonably to be expected; 

2. A disclosure of any appropriate alternative procedures or therapies that might be advantageous for the person; 

3. An instruction that the person may withdraw their consent and discontinue participation in the human research at any time without prejudice to them; 

4. An explanation of any costs or compensation which may accrue to the person and, if applicable, the availability of third party reimbursement for the proposed procedures or protocols; and 

5. An offer to answer and answers to any inquiries by the person concerning the procedures and protocols.

Requirements

Every State has defined Informed Consent’s requirements in their own statutes, or state laws. 

Informed Consent is required for every medical procedure including EUA treatments. Meaning each element would necessarily apply to being injected with experimental medical technology. 

In order to qualify for a lawsuit a person must first demonstrate themselves as an “aggrieved party” in a “justiciable controversy” developed upon a certain set of circumstances, facts, or reality. 

Assertion and Denial of Right

In cases for a Declaratory Judgment the decision will rest upon an assertion and denial of right. 

Meaning, in order to sue under a declaratory judgment someone must assert their right to Informed Consent and then have it denied by someone legally compelled/required to act, or perform a statutory duty, like “an offer to answer and answers to any inquiries by the person concerning the procedures and protocols.”

Declaratory judgments are NOT advisory opinions. Meaning they CANNOT be issued over disputed facts.

Issues of Dispute

In cases involving issues of dispute, such as the biologic toxicity of the spike protein, a declaratory judgment will NOT be the correct suit to file, which is why it is important to assert your understanding and receive feedback FIRST, in order to establish a given set of facts to base a lawsuit on.

In my case I was able to inform those required to inform me, and gain an admission that the spike protein for COVID-19 is closely related to the cause of Long COVID. 

Long Covid is Recognized

Long COVID is recognized by the US Dept. of Health and Human Services as a disability under the Americans with Disabilities Act. Using these legal definitions, it was a matter of law to see how they matched the legal definition for a toxin, or biologic agent. 

Long Covid, being a direct sequelae of a virus of public health threat affords it additional reporting requirements under the law as well.

With the spike protein for COVID-19 being the causative agent of Long COVID, and Long COVID being the direct sequelae for COVID-19, it is a serious medical question as to why it is also used as the therapeutic target for all vaccines.

Everyone!

Everyone has the ability to request Informed Consent from any medical professional or government agency requiring them to do so.

Find out the Informed Consent laws in your state. Address either government agencies, pharmacies, or administering health professionals if they are familiar with their statutory duty to provide Informed Consent.

Any entity issuing mandates for human research, medical procedures, or health related matters must first provide informed consent by statute. If those mandating are not able to, or have not yet provided Informed Consent, then by what authority can anyone comply?

Ask questions incessantly and you will find the answers as well as how to achieve the result you want. 

Case-law, Processes, and Procedures

In every state, in most public libraries is the book judges use to determine cases; In Virginia it is called The Virginia Code, in North Carolina it is The North Carolina General Statutes. Each state has their own caselaw, processes, and procedures. The book will contain the caselaw on how statutes have been applied in the past; meaning, how Judges would be compelled to rule today.

Beyond One Man

If you fail the first time, the answer to how to follow-up is usually within the opinion the judge provides for the case. Read, learn, adjust, and you will eventually succeed.  

This is beyond one man, but one man can make a difference, and eventually, if enough know how to follow, men and women will collectively make a difference.

~Many Blessings “DocKek”

***UPDATE 12/17/22***

As many already know, the case was dismissed with prejudice. What I have come to learn is why, and what may be done in the future in order to have the S1 subunit of the spike protein for SARS-CoV-2 legally designated a biologic toxin. The most surprising thing I learned was that Informed Consent is NOT required for medical countermeasures (MCM) released in response to a virus of public threat (SARS-CoV-2, COVID-19, monkeypox, etc.), because they are considered non-investigational under Section 564. An MCM given access by EUA only requires notice of the extent to which benefits and risks are known and unknown.

In order to move forward, the solution must be able to overcome sovereign immunity, and be centered on requiring notice of the extent to which risks are unknown. The only way to achieve disclosure in a clinical setting is to compel reporting related to Long Covid. The only way to compel reporting is to provide notification of the causative agent of Long Covid, which is the S1 subunit for the spike protein. If S1 causes Long Covid, and Long Covid causes an ADA disability as recognized by US Dept of HHS, then S1 is a biologic toxin by definition. The extent to which risks are unknown of a biologic toxin associated with a disease of public health threat MUST be reported by authorities, and in almost all cases, they do not have sovereign immunity to ignore it.

Whether or not this case is ultimately successful, we may all take the lessons learned and apply them in our own communities, in order to achieve results and protect the ones we love from this public health threat. If we all do our part, the result of this case becomes moot.