WHAT YOU NEED TO KNOW ABOUT THE ONGOING NAVY COVID-19 VACCINE LAWSUIT
During the pandemic, a lot of people lost their lives, especially those front-liners who are dedicated to providing service to their fellow citizens. The epidemic started on January 30, 2020, when the WHO declared the outbreak of COVID-19, and it was referred to as a pandemic on March 11 of the same year. Many pharmaceutical companies must develop a vaccine within months to combat the deadly airborne disease since the situation is urgent. However, some people did not take the COVID-19 vaccine for various reasons, including Navy Seals and sailors members, thus jeopardizing their jobs.
In the latest statement, the Department of Defense and the Navy have reached an agreement with the Sailors who filed a lawsuit over the forced order to have a COVID-19 vaccination. This lasted a four-year battle for the Navy SEALs and other force members against their commanders.
The Saga of the COVID-19 Vaccine Refusal
With the agreement reached, Sailors who refused to take the vaccine for religious reasons now have the right to correct their records; plus, they will be safeguarded against discrimination on promotion boards for the next three years.
The agreement is between service members of the forces who are affected, their lawyers, Secretary of Defense Lloyd Austin, and the Secretary of the Navy Carlos Del Toro. According to the agreement, the Navy will study the records of those plaintiffs to ensure that the records are clear of any administrative separation processing or proceedings, nonjudicial punishments, or formal counseling related to the refusal of a COVID-19 vaccine.
In addition, they will review the records of those who left the service, ensuring that their DD-214 shows a reenlistment code and that there are no signs that they were discharged for misconduct.
The lawsuit filed by the affected service members indicates that the Defense Department disregarded their First Amendment rights, quoting the rights to religious freedom by rejecting their pleas for religious immunities from the COVID-19 vaccine.
The plaintiffs voiced their religious grounds in refusing to take the COVID-19 vaccination, opposing the mRNA technology used in making variations of the vaccine, mentioning that they used cell lines from aborted fetuses from the 70s and 80s to create them, though the COVID-19 vaccine was free of any.
The Move of the Defense Secretary
During the height of the pandemic, Defense Secretary Lloyd Austin ordered on August 24, 2021, that all service members take the COVID-19 vaccination.
The military was able to administer around 8.9 million vaccine doses, and more than 2 million troops were fully vaccinated. Since the vaccine was created quickly and there were no further studies of its side effects, around 10,000 troops acquired illnesses, and 41 lost their lives.
As a result, more troops became hostile in refusing to take the vaccine; the SEALs' case was filed in November 2021 and eventually became a class action lawsuit representing around 3,000 Navy troops who filed for religious accommodation requests by March 2022.
Even though the Department of Defense removed the mandatory COVID-19 vaccine in January 2023, the Fifth Circuit ruled that the case could resume to allow the district court to assess the issue of religious accommodations. The Justice Department even requested that the lawsuit be dismissed, but the court denied it, resulting in both parties reaching a settlement.
Lawsuit Settlement Regarding COVID-19 Vaccination
After a long battle, finally, it will be over for those who are affected. According to the agreement, the Navy will arrange to pay $1.5 million, and the Defense Department will also pay $1.8 million in legal fees to the plaintiff's attorneys, but the plaintiffs themselves will not receive any compensation. During the height of the issue, around 8,400 troops were dismissed from service, including 3,717 Marines, 1,841 Army Soldiers, 834 Air Force and Space Force members, and 2,041 Navy Sailors.
By March 2022, the Navy had ceased its discharge operation for members who refused the COVID-19 vaccine. By then, they received around 3,320 requests related to religious exemptions, including 864 from the Navy Reserve, though none were approved.
According to Danielle Runyan, chair of the Military Practice Group, the fight has been a long journey, but those who are involved never gave up; many members have been thrilled with the decision, and they will not be penalized in their Navy careers.
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