Paul L. Caron
Dean




Tuesday, October 12, 2021

UC-Irvine Suspends Medical School Professor After Federal Judge Rules He Must Comply With Vaccination Mandate Despite Natural Immunity From Prior Case Of COVID-19

Reuters, U.S. Judge Upholds COVID-19 Vaccine Requirement For Those With 'Natural Immunity':

U.S. District Court Judge James Selna in Santa Ana, California, said the university system acted rationally to protect public health by mandating the vaccine and not exempting individuals with some level of immunity from an infection. ...

Selna's ruling denied a motion for a preliminary injunction by Aaron Kheriaty. And while Selna said the professor at the University of California, Irvine School of Medicine did not show a likelihood of success, Kheriaty said he plans to continue the litigation.

Aaron Kheriaty (UC-Irvine School of Medicine), Legal Update 10/5/21: UC Has Put Me on Leave for Challenging Their Vaccine Mandate:

Here is the latest move by the University of California in response to my lawsuit in Federal court challenging their vaccine mandate on behalf of Covid-recovered individuals with natural immunity. Last Thursday Sept 30th at 5:03 PM I received this letter from the University informing me that, as of the following morning, I was being placed on “Investigatory Leave” for my failure to comply with the vaccine mandate. I was given no opportunity to contact my patients, students, residents, or colleagues and let them know I would disappear for a month. Rather than waiting for the court to make a ruling on my case, the University has taken preemptive action. ...

I have no intention at this time of resigning, withdrawing my lawsuit, or having an unnecessary medical intervention forced on me ...

Although this is a challenging time for me and my family, at this time I remain convinced that this course of action is worthwhile. I am grateful for your ongoing encouragement, prayers, and support. I want my readers to know that am taking legal action not primarily for myself, but for all those who have no voice and whose Constitutional rights are being steamrolled by these mandates. As I wrote in my first post:

In my position, I came to see the importance of representing those whose voices were silenced, and to insist upon the right of informed consent and informed refusal. I have nothing personal to gain by this lawsuit and a lot to lose professionally. In the end, my decision to challenge these mandates came down to this question: How can I continue to call myself a medical ethicist if I fail to do what I am convinced is morally right under pressure?

https://taxprof.typepad.com/taxprof_blog/2021/10/uc-irvine-suspends-medical-school-professor-after-federal-judge-rules-he-must-comply-with-vaccinatio.html

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