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To: gas_dr
Without emotion or attack… what is the cause of action under which in your opinion a lawsuit could be filed?

She's being discriminated against (treated unequally) for her medical choices. And it's endangering her life.

There has to be some legal claim there.

I'm also sure that some kidney donors are unvaxxed, and might not have signed a donor card if they knew the unvaxxed would be discriminated against.

101 posted on 11/13/2022 8:34:37 AM PST by Angelino97
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To: Angelino97

Thank you for your response. I do not see a medical reason for a covid vaccination prior to transplant based on the evolution of the disease. However the defense against a lawsuit arguing discrimination is that the patient is not compliant with transplant center protocols. The on point analogy is that a liver failure patient is not going to be transplanted without alcohol cessation. This discriminates against alcoholics.

Additionally transplant is inherently high risk. I don’t think a one can argue as others have that because of the high risk of vaccination (not proven but argued) it cannot be required. As transplant has higher risk of mortality than vaccination it would not pass a balancing test.

Regardless of opinion, it’s the difference between what one knows and what one can prove. The majority of literates says covid vaccination is safe. That is the evidence that is going to be introduced. So I don’t see how a legal challenge works for her.

Most transplant centers recommend covid vaccination but some don’t make it mandatory. Perhaps the person here should seek transplant care at a center not requiring covid vaccination. If enough patients did this then the market would dictate centers would re-evaluate the covid vaccination stance based on loss of revenue. The free market system always works.


102 posted on 11/13/2022 8:50:33 AM PST by gas_dr (Conditions of Socratic debate: Intelligence, Candor, and Good Will)
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