Dario and Shujen Politella are suing the state of Vermont and the Windham Southeast Supervisory Union for giving their six-year-old a COVID-19 vaccine against their wishes.
According to the lawsuit, their child was vaccinated in November of 2021 at a clinic held at the Academy School in Brattleboro, Vermont.
The superintendent of schools, Mark Spenso, wrote a letter of apology to the Politellas about what they alleged was a name-tag mix-up.
But to inject a small child with a for-profit highly experimental and very reactive pharmaceutical product against the parents’ knowledge and consent amounts to battery of a minor.
In their lawsuit the parents accuse the state of negligence, fraud, and battery.
Initially dismissed by Windham Superior Court Judge Michael Kainen
In January of 2023 Windham Superior Court Judge Michael Kainen dismissed the lawsuit. He argued that the federal PREP Act of 2005 protected state and government officials from any liability when using countermeasures in response to a public health crisis.
But the Politellas have not given up their mission to hold the state of Vermont accountable for potentially damaging the health of their child.
Appealing Judge Kainen’s decision
Their lawyer appealed Judge Kainen’s decision, arguing that the PREP Act does not provide blanket immunity in the face of wrongdoing and that family’s intention is not to challenge the PREP Act.
The cause of harm, according to the Politellas’ lawyer, was the failure of the clinic staff to adhere to the parents’ wishes not to have their child vaccinated.
“This complaint stems from breach of duty, failures and procedural breakdowns at the operation,” Ronald A. Ferrara, Esq., said on May 28 in court, asking the higher court to return the case to the lower court so the case could be heard, according to VTDigger.
We don’t yet know what the Vermont Supreme Court will decide. That ruling should come later on this year.
In the meantime, huge kudos to the Politellas for trying to hold their state and school district accountable for an egregious and unacceptable mistake that could have resulted in a lifelong disability or even the death of their child.
Battery on a minor
At the same time, this lawsuit is not about COVID-19 vaccines. It’s about state officials doing something to a minor without the parents’ explicit consent.
It reminds me of a case a Florida-based lawyer took on several years ago. A Hispanic family told the hospital where their son was born that they did not want him circumcised.
But while the mom was recovering from the birth and the dad went home to shower and change his clothes, the hospital staff took their baby to the nursery. When they brought the baby back, the mom was horrified. His foreskin had been removed and his penis was red and swollen. The hospital staff had circumcised him against the parents’ wishes.
The Jewish lawyer, Spencer Aronfield, told me on the phone that he had never questioned circumcision and that he himself was in favor of it.
When I asked him, given his stance on circumcision, why he took the case, he explained that what had been done to these young parents and their newborn was unforgivable.
Circumcision was not a part of their culture. They did not want to subject their son to this procedure.
To cut the penis of a baby without the parents’ consent was nothing less than assault and battery, Aronfield said heatedly, and his personal views on circumcision were irrelevant to the case.
I think this Vermont case is similar.
No matter your opinion about the COVID-19 vaccines, I think we can all agree that injecting a pharmaceutical substance into a small child against his parents’ wishes and without their consent.
What say you, readers? I’m curious to hear your thoughts.
Related articles:
5 Reasons Why You Need a COVID-19 Vaccine: Run, don’t walk, to the nearest doctor
13 Reasons Why the CDC is Right and You Should Vaccinate Your Kid
50 Reasons Why You’re NOT Getting the Shot
About the author
Jennifer Margulis, Ph.D., is an award-winning science journalist, Fulbright grantee, and sought-after speaker. Her work has been published in the New York Times, the Washington Post, and on the cover of Smithsonian magazine. Her writing has also been included in an anthology of BEST AMERICAN SCIENCE WRITING edited by Natalie Angier. She is the author/co-author/editor of eight non-fiction books. A different version of this article first appeared in The Epoch Times. Support independent journalism and medical freedom by becoming a paid subscriber to Vibrant Life. If you’d rather make a one-time contribution, you can donate via Venmo: @Jennifer-Margulis-2.


No consent on medical services is assault and battery, even if the assaulted are not injured and/or do not die.
That's horrifying. It reminds me of the hospital that gave an infant vaxxed blood after the parents specifically requested them not to and went to the effort to procure blood that was not tainted with the jab. That baby died a painful, terrible death. https://www.naturalnews.com/2022-12-15-newborn-dies-huge-blood-clots-vaccine-transfusion.html