Posted on 08/18/2022 8:04:48 PM PDT by nickcarraway
A terminally ill Alberta woman facing removal from an organ transplant list over her refusal to receive a COVID vaccination is appealing a judge’s decision siding with the hospital.
Annette Lewis, 57, lost a bid last month for an injunction against Alberta Health Services and six local doctors after health authorities said she could not proceed with the transplant unless she receives her COVID shots.
Lewis claimed the requirement violated her charter rights, while AHS said it has an obligation to donors, their families and other patients to make sure organs are used on patients with the highest chance of surviving.
The specific organ in question, the names of the doctors and the community in which they work are covered by a publication ban.
In rejecting Lewis’s application, Court of Queen’s Bench Justice Paul Belzil said applying the charter to the clinical judgments of physicians would create “two classes” of organ recipients and result in “medical chaos with patients seeking endless judicial review of clinical treatment decisions.”
Belzil said the case came down to whether physicians, who are legally “independent contractors” liable to their patients, are free to exercise their clinical judgment.
In her notice of appeal, Lewis’s lawyers said Belzil made legal errors in finding the vaccine requirement was a clinical decision, rather than an “imposition” by “state agents” carrying out an AHS policy.
They argued that Belzil erred by finding AHS was not subject to charter scrutiny “because AHS was simply mirroring the respondent physicians’ requirement.”
The appeal also claims Belzil was wrong to conclude COVID vaccines are safe and effective — a fact Belzil said was supported by “overwhelming evidence” but ultimately not the deciding factor in his decision.
Lewis is asking the Alberta Court of Appeal to declare the COVID vaccine requirement a “definitive violation of (her) fundamental freedom of conscience and rights to life, liberty, security of person, and to freedom from arbitrary discrimination.”
Dates for a hearing of Lewis’s appeal have not been set.
Alberta Health Services and the six doctors named in Lewis’s injunction said COVID vaccines are required for organ transplant patients because the immune suppressing drugs used to prevent their bodies from rejecting the new organ make them uniquely susceptible to dying from the illness. One group of patients who caught the virus without a pre-transplant vaccine suffered a 40 per cent mortality rate.
Oh Canada!
The COVID regime in “Conservative” Alberta...
From what time period? Difficult to believe this data set would be from after the start of 2022 when infections / exposure are ubiquitous not to mention the strains have become less deadly.
Now she has been disqualified for the follow up hip because she smokes cigarettes. Not a heavy smoker but about 10 a day. They told her it's a healing risk factor. She explained the first side you did healed fantastic right? They said that doesn't matter and this is their new policy. No joint replacements if you smoke and they nicotine test you every week for three months if you are or were a smoker.
Funny because a e my brother just had to get a bone marrow transplant from the damage done by 3 covid shots to his bone marrow cells. There were 16 other patients, all male, over 55, getting the same procedure and they were all NON-CANCERS. They were all just making irregular shaped red blood cells that couldn’t carry oxygen. Also no platelets. All of them on his floor.
Welcome to the “new [ab]normal”
/s
Or maybe not.
One of the questions they ask you is “are you sick?” It was my understanding if you answer “yes” that you can’t get the shot.
Easy solution....stop smoking.
Oh I agree.
Death “ care”.
For months, Covid has been a bad cold. Yet politicians are still using it as an excuse to practice their form of fascism.
Evil insanity in full display.
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