RE: Today's court action, from Attorney Mark Zaid

January 7, 2004

You've GOT to be kidding! How do we become a part of the class action?

Today's court action, from Attorney Mark Zaid

This was sent to the press:

The Court today stayed its injunction except for the six Doe plaintiffs.

This means that the DoD can implement its mandatory vaccination program

starting today except as applied to the Doe plaintiffs.

The parties are to submit a joint proposal by noon Tuesday, January 15,

2004, and appear in Court on Wednesday, January 16, 2004, to discuss the

next steps.

You may use the following quotes for any story.

" We are disappointed, but not surprised that the injunction has been

stayed for all but the six plaintiffs. The FDA's belated issuance of its

Final Rule 18 years late, and only after the Court had issued an

injunction, confirms that the vaccine was being used illegally by DoD

before that time. That means any military servicemembers and DoD

contractors who were disciplined for refusing the vaccine were unjustly

punished as the order to take the vaccine was unlawful.

THe FDA's Final Rule is primarily based on animal studies that have no

proven correlation to human efficacy. However, a law passed in 2002

specifically requires that such proof exist, and it does not. In fact,

the CDC is still conducting research on this very subject, which won't

be completed until 2007.

In the absence of a proven correlate of immunity between humans and

animals, specific to anthrax infection, the FDA's Final Rule's reliance

on animal data is illegal, and reflects an arbitrary and capricious

decision. Therefore, the government's victory today may only be

fleeting.

We plan to seek to revive the program-wide injunction as well as

challenge the substance of the FDA Final Rule. We anticipate further

court proceedings will invalidate the FDA's Final Rule and therefore

result in a determination that DoD's mandatory use of the anthrax

vaccine is illegal. "

If you have any questions, or desire additional information, please call

me at the office or on my cell at 202-498-0011.

Mark

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Mark S. Zaid, Esq.

Krieger & Zaid, PLLC

1747 Pennsylvania Avenue, N.W.

Suite 300

Washington, D.C. 20006

(202) 454-2899 main

(202) 454-2809 direct

(202) 454-2805 fax

Meryl Nass, MD

H 207 276-5092

W 207 288-5082 ext 220 or pager 441

C 207 522-5229

January 7, 2004

,

..> You've GOT to be kidding! How do we become a part of the

..> class action?

I suggest you write Mark Zaid and ask him. I have Zaid's email as:

zaidms@.... {Click-and-go -> mailto:zaidms@...} If you have a

cell phone and if you haven't used all your weekday " anytime " minutes,

call him for " free " at one of these numbers:

..> Mark S. Zaid, Esq.

..> Krieger & Zaid, PLLC

..> 1747 Pennsylvania Avenue, N.W.

..> Suite 300

..> Washington, D.C. 20006

..> (202) 454-2899 main

..> (202) 454-2809 direct

..> (202) 454-2805 fax

(OK, the fax isn't likely to do anything but scream at you in its

high-pitched binary-modulated voice, but the other two look promising.)

I'm not certain, but from my experience (most of which is from being a

co-plaintiff on the SSKRP strict product liability action against

Bioport), all you hafta do to qualify is to " have status as a plaintiff "

in the action. The suit's all about refusers, and since you're a

" documented " refuser, probably all you'd need to do is to generate a

reasonably detailed narrative of everything you did and that the Army

then did (or threatened to do) to you, including locations, dates, and

names. Attach copies of official letters from you to your

chain-of-command, courteously declining their kind offer to give you The

Shot, and from your chain-of-command to you, exposing their heinous

desire to give you The Shot, or failing that to throw you in the

dungeons and hang you by your thumbs. There may be some fine-print

stuff to navigate (statutes-of-limitations and such) and you'll have to

sign and return a new client agreement, but that's probably all there is

to it. You may not even hafta go to DeeCee. (If you've seen the Air

and Space Museum, you've seen all there really is to see in DeeCee

anyway. If you haven't it's definitely worth the trip, especially with

the Mars exploration in full swing.) DeeCee's overpopulated and boring,

but Charlottesville's about three hours southwest via US29. It's ALWAYS

an interesting and fun place to visit!

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I hold it that a little rebellion now and then is a good thing,

and as necessary in the political world as storms in the

physical.

... It is a medicine necessary for the sound health of

government.

-- Jefferson

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January 8, 2004

Thanks, .