Informed Consent is Dead
Why Compulsory Reporting of a Biologic Toxin is the Only Way
Is it possible to release a medical product without providing informed consent to the one receiving it? Like you, a year ago I would have replied with a resounding NO! However, after having been engaged in litigation against a state agency to provide informed consent, the surprising answer is apparently, yes… After suing the Virginia Department of Health under state informed consent statutes it appears impossible to establish legal standing…
Regardless of this clear error in judgement, there is a post-mortem that must be done in order to determine how best to move forward on a strategic level, aside from the tactical option of filing a notice to appeal before the new year; which is completely dependent on funds, or some other legal organization offering their assistance to continue.
Section 564, Informed Consent & MCM’s
One of the most surprising revelations of the case was the use of Section 564 of the FDCA as a defense to a suit for informed consent. I have previously published a link and excerpts of a “slip opinion” memorandum written to the Office of the President of the United States and may be viewed here -
The most important revelation I had when finding a way through this defense was that previous to Section 564’s insertion into the 2004 National Defense Authorization Act it was illegal to distribute a “Medical Counter-Measure” (mcm) to the general public. Previous to Section 564 the only “tool” the military had to react to the release of a pathogen/disease of public health threat were drugs designated as “investigational”. Section 564 essentially created a carve-out for Emergency Use Authorization by legally designating mcm’s as “non-investigational”. By derivation, any non-investigational product released to counter a public health threat is being released beyond the requirement to research it.
If a non-investigational product is being released without any requirement to research it, then human research statutes regarding informed consent are outside the scope of Section564’s requirements. The only thing Section564 requires are industry provided “facts sheets”, and the extent to which benefits and risks are known and Unknown. With this being the current state of affairs what recourse is there to receive notice the spike protein is a biologic toxin?
Sovereign Immunity & Administrative Process
The most important discovery in my case was finding a way to overcome the concept of “sovereign immunity”. Sovereign immunity refers to the fact that the government cannot be sued without its consent.
"The Commonwealth and its agencies are immune from liability in the absence of an express constitutional or statutory waiver of sovereign immunity," and such a waiver "will not be implied from general statutory language but must be explicitly and expressly stated in the statute." Gray v. Va. Sec'y of Transp., 276 Va. 93, 102 (2008)
Sovereign Immunity is a near impossible hurdle to overcome when suing the government. However, while preparing for oral arguments the words “must be explicitly and expressly stated in the statute” really stuck out as the ruling points to the existence of statute. In this case, the Virginia Administrative Process Act, and specifically Va Code 2.2-4002, Exemptions from chapter generally, #22 states:
The Board of Health in promulgating the list of diseases that shall be reported to the Department of Health pursuant to § 32.1-35 …
All states have an administrative process or procedure law in which aspects of sovereign immunity are specifically waived. You may search your own states statutes in order to determine what the government must do if presented with a request to do so… The Virginia Department of Health does NOT have sovereign immunity for claims made under § 32.1-35.
§ 32.1-35 - “List and reports of diseases and dangerous microbes and pathogens.”
The Board shall promulgate from time to time a list of diseases, including diseases caused by exposure to any toxic substance as defined in § 32.1-239 and including diseases that may be caused by exposure to an agent or substance that has the potential for use as a weapon, that shall be required to be reported. The Board shall also promulgate from time to time a list of dangerous microbes and pathogens that shall be required to be reported by laboratories. The Board may classify such diseases, microbes and pathogens and prescribe the manner and time of such reporting.
The statutes referenced here were directly communicated to the Virginia Department of health related to an “unusual occurrence of public health threat” as defined by the very “list of diseases” § 32.1-35 required the board to define as per 12VAC5-90-10, which was the administrative code I cited in my initial email, and completely ignored in the judge’s final ruling…
While galivanting along the meadows of “legal land” it appears I may have found the foundation to move forward, as well as a distillation of how others may present this information to local city councils, boards of health, private doctors and pharmacies, hospitals, public school boards, etc. in order to place them in a position where compulsory reporting is required of them by law, and which may NOT be demurred/dismissed on the groundz of “Sovereign Immunity”.
The Checklist Explained
I will give you the long form here first, and will conclude with a “Checklist” you may use to guide you in notifying others and achieving the result of having the S1 subunit of the spike protein for SARS-CoV-2 alpha strain B.1.1.7 legally designated a biologic toxin, agent, poison, etc. as defined in your own state statutes.
Viruses of public health threat require reporting to local health departments. In addition to reporting of the viruses themselves, their sequelae, which are pathogenic results of viruses themselves, but separate from infection, such as Long Covid, must also be reported. Whether the word is required, compulsory, mandated, etc. it will be a clear indication the requirement to report will supersede any discretion of the person to not report it up the chain.
Departments responsible for the investigation of diseases and their origin would also necessarily be compelled to acknowledge the reported information. Once the reported information on the biological toxicity of the spike protein is officially acknowledged, then pressure to update informed consent may ensue.
How do you forward information on the biologic toxicity of the spike protein in order to have it legally recognized as a toxin, and therefore anything making it in the body a toxic substance? It all starts with Long Covid.
Long Covid is the direct sequelae of a disease of public health threat. Being a direct sequelae of a disease of public health threat means compulsory reporting related to the disease of public health threat also apply to its sequelae.
Legal disabilities afford them special protections under EEOC, Human Rights, and anti-discrimination statutes. Long Covid is defined as a disability by the US Department of Health and Human Services. Link https://www.hhs.gov/civil-rights/for-providers/civil-rights-covid19/guidance-long-covid-disability/index.html#footnote10_0ac8mdc
The causative agent for Long Covid is also the causative agent of a disability. Dr. Bruce Patterson has outlined the diagnostic criterion for Long Covid, as well as a treatment that has proven successful for over 30,000 patients. He presented his findings Georgetown University on Diagnosis and Treatment of Long COVID and may be viewed by clicking here. He found the S1 subunit for the spike protein to be the causative agent for Long Covid.
The S1 subunit being the causative agent for Long Covid means the S1 subunit causes disabilities.
Resia Pretorius has discovered the S1 subunit of the spike protein for SARS-CoV-2 may induce a pathogenic “fibrinogenic” response sui generis (on its own). Structural changes to β and γ fibrin(ogen), complement 3, and prothrombin caused these proteins to be substantially resistant to trypsinization, in the presence of spike protein S1. Trypsinization is the process a cell uses to breaks down proteins and dissociate adherent cells from the vessel in which they are being cultured. Essentially it is a biologic glue causing the formation of syncytial clots that cannot be dissolved, in case you were wondering what they are pulling out of the people that die suddenly…
In addition to Dr. Bruce Patterson and Resia Pretorius’ work, the American Foundation for Informed Consent’s report titled S1-Spike Protein Causes PASC, Cytokine Storm, & Long COVID, provides a step by step cascade of pathologies associated with the S1 subunit of the spike protein. The biologic report is currently in 4 parts and may be viewed by clicking here
There are a number of sections of the spike protein able to cause its own set of pathologies. However, the specific section all literature points when they say the pathology of the spike protein becomes “activated”; is the Furin Cleavage Site, where the S1 and S2 subunits are separated. The reason this area is of such interest is because it is the reverse compliment for a human codon optimized MSH3 class oncology gene matching Hermansky-Pudlak Syndrome.
Hermansky-Pudlak syndrome (HPS) is a rare, hereditary disorder that consists of two characteristics: decreased pigmentation (albinism) with visual impairment, and blood platelet dysfunction with prolonged bleeding. Some patients have lung fibrosis, colitis, or an abnormal storage of a fatty-like substance (ceroid lipofuscin) in various tissues of the body. With the revelation this gene is the reverse compliment of an oncology gene it would be impossible to say anything creating it in the body isn’t carcinogenic.
With these three citations anyone may be armed with all they need in order to present information the S1 subunit for the spike protein causes disabilities, is a direct sequelae of disease of public health threat, and a biologic pathogenic toxin by definition. This information on the biologic toxicity of a sequelae causing agent will eventually be more effective when those in position of power are compelled to act upon it.
Health Departments, Disease Control Centers, Departments of Epidemiology, Hospitals, Private Family Doctors & Pharmacies, laboratories, and others involved in the healthcare field …
Compulsory Reporting - unusual occurrence of disease of public health threat
Departments duty in Detecting, investigating, and preventing the spread of disease
Informed Consent on the local level as applied to medical procedures
Long Covid - is direct sequelae of disease of public health threat
Disability - Long Covid is Defined by HHS as a disability -
Biologic Toxin - Spike protein is causative agent of Long Covid/disability
Bruce Patterson - https://pubmed.ncbi.nlm.nih.gov/33186704/ - https:// youtu.be/h2xyWiMS2Q0
Resia Pretorius - https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8380922/ - https:// youtu.be/fflt95jPUYM
American Foundation for Informed Consent - https://fwdquestionshere.com/
Health Departments - Disease Control/Epidemiology
Private Doctors & Pharmacies
How to Target Distribution of materials in order to effect legal designation of the spike protein as a biologic toxin.
Please consider becoming a member to my substack or donating to the GiveSendGo for the American Foundation for Informed Consent so I may continue this work and arming others with actions they may take to effect change on a local level.