AFLDS Backs Utah Surgeon’s Lawsuit Over Biden’s Unconstitutional Mandatory COVID-19 Medical Treatments for U.S. Healthcare Workers



Salt Lake City, UT – April 1, 2022. Plaintiff Dr. Devan Griner, double-board certified in General Surgery and Plastic Surgery, filed a Motion for Preliminary Injunction against the Biden Administration to halt the unconstitutional mandate currently requiring him to receive COVID-19 medical treatments to continue to work. 

The Defendants include Biden, the U.S. Department of Health and Human Services, and the Centers for Medicare and Medicaid Services. This “CMS Mandate” became effective on November 5, 2021. It requires every healthcare worker who is employed at a facility receiving Medicare and Medicaid funding to receive COVID-19 injections as a condition of employment. Those who refuse are threatened with termination.

Dr. Griner, who specializes in pediatric cleft lip and palate surgery, has magnanimously dedicated his life to performing surgery on children, and often on a gratis basis. He contends the injections are an unwanted medical treatment, not a vaccine and the injections do not provide Covid-19 immunity. Furthermore, Dr. Griner has natural immunity from contracting the virus, which he argues provides superior immunity to any injection. 

Quoting Dr. Griner’s legal declaration: “The CMS Mandate, therefore, prevents me from realizing my lifelong dream of healing children and improving their lives through my expertise in performing craniofacial reconstructive surgery. I will be unable to pursue my career as a cleft lip, palate, and craniofacial surgeon because I will not have admitting privileges at the hospitals in the State of Utah and elsewhere in the country.”

Dr. Griner’s lawsuit alleges that the medical treatments continue to be aggressively and illegally promoted as safe and effective “vaccines” despite the increasing and mounting scientific evidence to the contrary. Additionally, coercing healthy people to receive unwanted medical treatment is egregious and unconstitutional. Dr. Griner’s attorneys allege that the CMS Mandate violates an individual’s liberty which is protected by the Fifth and Fourteenth Amendments to the Constitution and includes rights of personal autonomy, self-determination, bodily integrity, and the right to reject medical treatment. The CMS Mandate also violates the “Unconstitutional Conditions Doctrine,” under which the government may not condition a person’s employment or interfere with his right to refuse any medical treatment. 

Dr. Griner further declared, “I have exercised my fundamental right to decline medical treatment by declining to be injected with any preparations purporting to treat the symptoms of COVID-19, commonly referred to as COVID-19 vaccines.”

The CMS Mandate affects 10.3 million healthcare workers at 76,000 medical facilities nationwide.  Dr. Griner, and other workers across the nation, have essentially been coerced by our government into a Faustian quid-pro-quo bargain requiring them to receive irrevocable, dangerous, and possibly deadly medical treatments, or lose their livelihood.

The real victims of this illegal CMS Mandate are children who need cleft palate surgery. Countless innocent, Medicare-dependent children who require Dr. Griner’s surgical expertise will be unable to receive it. They are prohibited from receiving his services and unable to opt-out of the Medicare system to receive this life-saving surgery elsewhere. 

This case (Griner v. Biden, et al., 2:22-cv-00149-DAK) has been filed by Utah Attorneys Jefferson W. Gross and Seamus W. Appel, in collaboration with Attorney George Wentz of the Davillier Law Group in New Orleans, and with support from AFLDS.

Dr. David Martin has also been instrumental in orchestrating this case, raising requisite funds for the suit, and extensively collaborated and strategized with counsel. Dr. Martin stated, “Our venue (Utah) gives us a rather unusual opportunity to take a civil action and have the Defendants expose themselves to criminal actions by virtue of their defense.

AFLDS is aligned with Dr. Martin and will continue to support Dr. Griner and the legal team.

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