The “basic elements of information necessary to such consent” (Basic Elements) shall include:
1. A reasonable and comprehensible explanation to the person of the proposed procedures or protocols to be followed, their purposes, including descriptions of any attendant discomforts, and risks and benefits reasonably to be expected;
2. A disclosure of any appropriate alternative procedures or therapies that might be advantageous for the person;
3. An instruction that the person may withdraw their consent and discontinue participation in the human research at any time without prejudice to them;
4. An explanation of any costs or compensation which may accrue to the person and, if applicable, the availability of third party reimbursement for the proposed procedures or protocols; and
5. An offer to answer and answers to any inquiries by the person concerning the procedures and protocols.
Requirements
Every State has defined Informed Consent’s requirements in their own statutes, or state laws.
Informed Consent is required for every medical procedure including Emergency Use Authorisation treatments.
Meaning each element would necessarily apply to being injected with experimental medical technology.
In order to qualify for a lawsuit a person must first demonstrate themselves as an “aggrieved party” in a “justiciable controversy” developed upon a certain set of circumstances, facts, or reality.
Assertion and Denial of Right
In cases for a Declaratory Judgement the decision will rest upon an assertion and denial of right.
Meaning, in order to sue under a declaratory judgement someone must assert their right to Informed Consent and then have it denied by someone legally compelled/required to act, or perform a statutory duty, like “an offer to answer and answers to any inquiries by the person concerning the procedures and protocols.”
Declaratory judgements are NOT advisory opinions. Meaning they CANNOT be issued over disputed facts.
Issues of Dispute
In cases involving issues of dispute, such as the biologic toxicity of the spike protein, a declaratory judgement will NOT be the correct suit to file, which is why it is important to assert your understanding and receive feedback FIRST, in order to establish a given set of facts to base a lawsuit on.
In my case I was able to inform those required to inform me, and gain an admission that the spike protein for COVID-19 is closely related to the cause of Long COVID.
Long Covid is Recognized
Long COVID is recognized by the US Dept. of Health and Human Services as a disability under the Americans with Disabilities Act. Using these legal definitions, it was a matter of law to see how they matched the legal definition for a toxin, or biologic agent.
Long Covid, being a direct sequelae of a virus of public health threat affords it additional reporting requirements under the law as well.
With the spike protein for COVID-19 being the causative agent of Long COVID, and Long COVID being the direct sequelae for COVID-19, it is a serious medical question as to why it is also used as the therapeutic target for all vaccines.
Everyone!
Everyone has the ability to request Informed Consent from any medical professional or government agency requiring them to do so.
Find out the Informed Consent laws in your state.
Address either government agencies, pharmacies, or administering health professionals if they are familiar with their statutory duty to provide Informed Consent.
Any entity issuing mandates for human research, medical procedures, or health related matters must first provide informed consent by statute. If those mandating are not able to, or have not yet provided Informed Consent, then by what authority can anyone comply?
Ask questions incessantly and you will find the answers as well as how to achieve the result you want.
Case-law, Processes, and Procedures
In every state, in most public libraries is the book judges use to determine cases; In Virginia it is called The Virginia Code, in North Carolina it is The North Carolina General Statutes. Each state has their own case-law, processes, and procedures.
The book will contain the case-law on how statutes have been applied in the past; meaning, how Judges would be compelled to rule today.
Beyond One Man
If you fail the first time, the answer to how to follow-up is usually within the opinion the judge provides for the case.
Read, learn, adjust, and you will eventually succeed.
This is beyond one man, but one man can make a difference, and eventually, if enough know how to follow, men and women will collectively make a difference.
~Many Blessings “DocKek”
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