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IPFS News Link • Lawsuits

Preliminary Injunction Motion Filed in the UC Flu Mandate Case

• by Rick Jaffe, Esq.

Today we filed a motion for a preliminary injunction to stop the enforcement of the UC mandatory flu vaccine executive order which requires all students, faculty, and staff to get the flu shot (with certain accommodations to faculty and staff, but not students). Here is the original lawsuit filed against the University of California's recent flu mandate for the entire 510,000 member UC community.

The "hearing" will be held at 1:30 PM on October 14th at the Hayward branch of the Alameda Superior Court. However, hearings in these kinds of motions are usually not evidentiary, meaning we are not expecting that there will be live witness testimony. Usually, these things are decided on the papers. And so far, it looks like the hearing will be virtual, but people can watch via the court's video-conferencing software called "blue jeans."

We have submitted declarations from all five plaintiffs. In the newly filed First Amended Complaint we are adding highly regarded UCLA law Professor, Frances Olsen as a Plaintiff. Those of you of more advanced years might recall her name as she was the attorney in the Wounded Knee case. She has been a law professor at UCLA for 36 years and does not want to be forced to take the flu shot.

It turns out that, contrary to the claim in the executive order that the flu shot can reduce flu hospitalizations, the best available evidence from 52 randomized controlled clinical trials shows that the claim is false and that the flu shot doesn't reduce flu hospitalizations at all.

We have also submitted declarations from five experts, including a professor of medicine at UCLA, and a UCI epidemiology professor.