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To: TexasGurl24; Bellagio; firebrand
Folks who have cited the Nuremberg Code in COVID lawsuits thus far have had their cases dismissed ...

I don't know what cases you are citing but the Nuremberg Code has most certainly been cited in U.S. case law.

The Significance of the Nuremberg Code April 4, 2021 - Alliance for Human Research Protection Advancing Voluntary, Informed Consent to Medical Intervention

2. The 1947 Nuremberg Code is the most important legal document in the history of medical research ethics. It established 10 foundational principles of ethical clinical research.

The first and foremost principle is unequivocal: “The voluntary consent of the human subject is absolutely essential”.
It prohibits research to be conducted on human beings without the informed consent of the individual.

The significance of the Nuremberg Code is as follows:

The Nuremberg Code was formulated by prominent US government jurists in consultation with prominent US medical consultants;

It had the multilateral agreement of the governments of the US, USSR, France and the UK;

The Nuremberg Code extended human rights beyond the borders of individual countries;

The right of Informed Consent is recognized in time of peace and in time of war.

The Nuremberg Code provides legal justification to litigate violations of informed consent.

6. In 2001, the Maryland Court of Appeal explicitly cited the Nuremberg Code as a source of legally enforceable ethical standards in the case against the Kennedy Krieger Institute.

The case involved a government lead abatement experiment that exposed inner city Black toddlers to lead paint. The purpose was to record the damaging effects of lead. The parents were not informed about the purpose or the risks.

Grimes / Higgins v Kennedy Krieger Institute, Maryland Court of Appeals, (link to CaseLaw.FindLaw.com) 366 Md 29; 782 A2d 807 (2001)

(FWIW Kennedy Krieger Institute lost.)

Court of Appeals of Maryland. - Ericka GRIMES v. KENNEDY KRIEGER INSTITUTE, INC. From CaseLaw.FindLaw.com

Additionally, the Nuremberg Code, intended to be applied internationally, and never expressly rejected in this country, inherently and implicitly, speaks strongly to the existence of special relationships imposing ethical duties on researchers who conduct nontherapeutic experiments on human subjects.

  The Nuremberg Code specifically requires researches to make known to human subjects of research “all inconveniences and hazards reasonably to be expected, and the effects upon his health or person which may possibly come from his participation in the experiment.” (Emphasis added.)  

The breach of obligations imposed on researchers by the Nuremberg Code, might well support actions sounding in negligence in cases such as those at issue here.  

(snip)

This is entirely consistent with the principles found in the Nuremberg Code.

(the court itself cites "The complete text of the Nuremberg Code" in footnote #31 of its decision in favor of the plaintiff against KKI.

And there have been other cases, heard in court, where the Nuremberg Code was cited.

7. In 2009, the U.S. Second Circuit Court of Appeals in the Southern District of New York cited the Nuremberg Code as:

“the universally accepted norm in customary international law regarding nonconsensual medical experimentation.”

The case involved Pfizer which conducted an unapproved, trial of its experimental antibiotic, Trovan on children in Nigeria. The court found Pfizer guilty.

Rabi Abdullahi, et al. v. Pfizer, Inc., 562 F.3d (2d Cir. 2009)


86 posted on 11/07/2021 2:47:38 PM PST by TigersEye (Resistance is not futile!)
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To: TigersEye

Instead of playing lawyer, try to focus on what those cases were about.

Abdullahi deal with the Alien Tort Claims Act.
Grimes dealt with a non-therapeutic lead paint research experiment and it’s a State Court with a decision grounded entirely in Maryland law.

Now, cite a COVID-19 lawsuit in which the Nuremberg Code was affirmed as a basis for a cause of action.

Cutting and pasting from social media click-bait websites won’t cut it either. I want you to cite decisions involving COVID-19 issues.

Please show your work. :)


88 posted on 11/07/2021 3:14:10 PM PST by TexasGurl24
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