Moms For America v. HHS
Arguments regarding the government's motion to dismiss this important case will be argued on Tuesday May 20, 2025 in the United States District Court in the Middle District of Florida.
Moms For America v HHS is a very important pending court case regarding the PREP Act.
The lawsuit was originally filed nearly a year ago on June 25, 2024.
It seeks to strike down the PREP Act, which is a federal law that facilitates the granting of legal immunity to a wide range of “covered persons” for the administration of a nearly unlimited number of “covered countermeasures.”
The defendants in the case are the U.S. Department of Health and Human Services (HHS), the U.S. Health Resources and Services Administration (HRSA), Former HHS Secretary Xavier Becerra and Former President Joe Biden.
The United States government has filed a motion to dismiss the case.
A hearing to consider the motion to dismiss will be held on Tuesday, May 20, 2025.
To transcend the shocking excesses of the pandemic, this horrid, unconstitutional law must be crushed and burned to a cinder in the incinerator of history’s worst ideas.
Jeff Childers
Please watch the video excerpt below:
Original source video: https://rumble.com/v598g19-jeff-childers.html
Excerpts from the initial complaint in Moms For America v. HHS:
1. Fundamental to the concept of ordered liberty is the will and ability of the government to protect citizens from harming each other, and resolving conflicts in and between citizens when injuries occur. America’s historical system, based on common law and its Constitutional government, normally resolves those conflicts, and remedies those injuries, by adjudicating civil causes of action by and between citizens.
2. This case is about the government’s failure to resolve conflicts involving Americans killed or grievously harmed while receiving health care during the COVID-19 pandemic.
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51. The American legal system’s traditional and historical understanding of the duties owed by providers of health care to patients was upended so completely and so radically that on March 17, 2020 — the date the Secretary issued the Emergency Declaration—Secretary Azar arguably became the most powerful man in the country.
At least from a civil liability perspective, the Secretary held authority to issue something remarkably similar to a “license to kill.”
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46. The Emergency Declaration swept within its protections virtually the entire response of the United States healthcare system to COVID-19, in or out of hospitals, care homes, jails, schoolhouses, or anywhere else mitigation measures were deployed.
47. At the same time as the HHS Secretary was exercising the PREP Act’s unprecedented power to bar victims’ claims, other parts of the Federal Government were busily creating markets—massive on a scale never seen in human history—for government-preferred treatments for COVID-19. These markets were created by and through federal vaccine mandates, hospital treatment protocols/care and treatment recommendations initiated/published by the National Institute of Health and the Center for Disease Control, and the reimbursement policies of the Centers for Medicare & Medicaid Services. The Emergency Declaration immunized from liability anyone connected with government-preferred treatments, regardless of risk, consequence, or preference.
48. Taken together, these policies of the Federal Government effectively nationalized and centralized the American health care response to COVID-19, dissolving the independent judgment of individual front-line healthcare providers for treating individual patients, and ensuring not only astronomical sales and record profits for the providers of “covered countermeasures,” but also ensuring that those same makers enjoyed freedom from liability for the death or disability of unwitting Americans, even if the injuries resulted from gross violations of common law tort standards and public policy.
49. This centralized regime of bureaucratically-designed, flow-charted, one-size-fits-all, liability-free healthcare governed the design, manufacture, and administration of over a billion COVID-19 vaccine shots; hundreds of millions of visits to health care providers; millions of hospitalizations; and unknown billions of incidents of the administration of medicines and devices falling within the nearly-unlimited definition of COVID-19 “countermeasures.”
50. And it all played out against a backdrop of gross moral hazard, in which health care providers comported themselves in full knowledge of their tort liability immunity. The prospect of recourse through the civil justice system—and the discipline it normally imposes on healthcare providers—is so deeply ingrained into the assumptions of American patients, it can accurately be said that patient-victims who received COVID-19 related healthcare under the auspices of the Emergency Declaration had no idea to what they were agreeing.
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6. The PREP Act provides parties causing injuries with the broadest liability protection imaginable. Within the scope of its extensive COVID-19 coverage, the PREP Act immunizes defendants from a staggering panoply of fundamental and historically enshrined common law causes of action like negligence, medical malpractice, gross negligence, products liability, wrongful death, and even intentional torts like assault and battery under a completely subjective risk/benefit analysis.
7. Most irrationally of all, the PREP Act set a breathtakingly short one-year statute of limitations for injuries caused by unknown, unknowable, and non-existent vaccine products and technologies. Even to receive program compensation, the Act requires causation to be proved based on established science for those same novel products and technologies. Most medical studies take years to conduct, be drafted, be peer-reviewed, and to be published. It is irrational to believe that a person taking a covered countermeasure could possibly have access to published medical/scientific studies within the one-year statute of limitation.
8. Rather than compensating Americans injured by covered treatments like vaccines, the PREP Act perversely but predictably denies relief in 99% of cases, in a claims evaluation process stripped of even a pretense of due process. Indeed, the PREP Act unconstitutionally created an opaque, unappealable, quasi-judicial tribunal to adjudicate claims lacking even a fig leaf of due process and explicitly disclaimed judicial oversight.
9. Considering the PREP Act’s nearly consequence-free incentive structure and the moral hazard it created, some pharmaceutical companies and multi-billion-dollar health care providers have been predictably and often recklessly indifferent to the safety and efficacy of the treatments they provided. Turning tort law on its head, the PREP Act dissolved any conceivable commercial incentive for providers to be reasonably prudent.
10. As alleged in this lawsuit, the Plaintiffs’ suffering (as well as countless more like them) is incomprehensible to those whose lives have not been upended, ruined, or taken by emergency “treatments” administered for the collective good based on an empty promise that the collective would compensate any damage wreaked in the haste of emergency response. In many cases, the Federal Government itself urged and even mandated Americans to receive these “treatments” — as a collective service to society.
11. Now that the dust has settled, and the emergency is over, where is society? Where is the government, now that it is time to collect the dead and bandage the wounded?
12. Instead of supporting the victims, the PREP Act actively stripped them of their common law claims, their constitutional due process, and access to any relief. The sick and their families are left alone in their homes—disabled and dying—to grapple fruitlessly with the PREP Act’s futile and incomprehensible quasi-judicial scheme, administered by a Byzantine, anonymous, underfunded, and unsupervised administrative tribunal adjudicating life and death issues in secret.
13. Since the PREP Act was designed for an unknown and unknowable emergency, it is unsurprising that it is fatally flawed and unconstitutional.
It cannot be fixed.
It should be enjoined during the pendency of this action, and declared unconstitutional and void.
Court Documents:
Plaintiffs:
MOMS FOR AMERICA
JEFF JACKSON
MICHELLE UTTER
HENRIETTA SIMOES
ADELIO SIMOES
ELIZABETH BROWN
CODY HOWARD
ALLEN MARTIN
TAYLOR MARTIN, AND
LA NEDIA ROOKER
Defendants:
U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
U.S. HEALTH RESOURCES AND SERVICES ADMINISTRATION
HHS SECRETARY XAVIER BECERRA, in his official capacity
the UNITED STATES OF AMERICA, and
PRESIDENT OF THE UNITED STATES JOSEPH R. BIDEN, in his official capacity
“The PREP Act and the Department of Defense’s Operation Warp Speed are indeed acts of war on our own — hundreds of thousands of civilian casualties, violations of the Nuremberg Code, and essentially no monetary recourse for their experimenting on humanity at large.”
-Ray Flores
Countermeasures Injury Compensation Program (CICP) data for COVID-19 claims (as of May 1, 2025)
Only 34 people have received compensation for their claims of harm.
Total COVID-19 CICP claims filed: 13,794
Claims compensated: 34
Pending Review or In Review: 9,556
Decisions: 4,238
Claims found eligible for compensation: 70
Claims pending benefits determination: 35
Claims with no eligible reported expenses: 1
Denied: 4,168
Requested medical records not submitted: 878
Standard of proof not met and/or covered injury not sustained: 758
Missed filing deadline (one-year statute of limitations): 2,277
Not CICP covered product/not specified: 255
https://www.hrsa.gov/cicp/cicp-data
https://www.hrsa.gov/cicp/cicp-data/table-1
SUPPORT MOMS FOR AMERICA:
https://MomsForAmerica.us/the-prep-act/
https://secure.anedot.com/moms/donate-now
James Roguski
310-619-3055
JamesRoguski.substack.com/archive
Obviously the HHS does not want us to escape their chains of death. If the HHS was really going to change in favor of the people instead of against them, they would have burned the prep act on day one. Sincere actions speak louder than promises.
So important. Such an excellent educational tool all you have set forth. Thank you for your incomparable work and care.