A Vermont family is taking their fight to the Supreme Court after their six-year-old son was injected with an experimental COVID-19 vaccine at a public school clinic without their permission.
Tony and Shujen Politella, along with their son Leone, are seeking justice after the Vermont Supreme Court ruled in favor of federal laws that protect vaccine manufacturers and administrators under the Public Readiness and Emergency Preparedness (PREP) Act, effectively barring their claims.
The family’s attorney, Ron Ferrara, joined forces with John Klar to file a Petition for Writ of Certiorari, challenging the gross misapplication of the PREP Act.
The attorneys argue that the Act was intended to shield vaccine manufacturers from liability—not to allow schools to bypass parental consent with impunity.
In 2021, during the height of the COVID-19 vaccination push, Leone Politella attended Windham Southeast School District.
Tony and Shujen Politella were assured by the school staff that Leone would not be vaccinated without their permission. Despite their clear instructions, Leone was mistakenly given a shot of Pfizer during a school vaccination drive after being mistakenly identified with another child’s name tag.
“Leone was given an arm tag with another child’s name from another class who had already been vaccinated, then vaccinated with an experimental vaccine despite his vocal protests that he was not supposed to receive a shot—workers instead distracted him with a stuffed toy. The school apparently received cash incentives from the State of Vermont based on rates of vaccination, and school personnel indicated to Tony that they were disappointed because many parents had declined shots,” according to the Politiella family.
Leone said in a video posted on their fundraising campaign, “The day I got the shot, they walked me into the PE room… like a barber seat. Like you sit right here and then you’re just lying down the barber seat. When I was on the chair, I said, I didn’t wanna do it.”
According to the press release obtained by The Gateway Pundit, “Vermont public schools were “awarded” monetary bonuses by the State of Vermont based on rates of vaccination – yet this child and his family are denied any recourse simply because the vaccine was experimental. This is not the only child that this has happened to.”
Shujen, originally from Taiwan, expressed disbelief at how such an egregious violation could occur in the United States.
Her visit to the school for answers was met with hostility and deflection, compounding the family’s distress. The Politellas promptly removed Leo from the school, enrolling him in a private institution—upending their financial and retirement plans.
The Politellas initially sought accountability in Vermont state courts, suing the school for battery and gross negligence.
However, Vermont’s Attorney General Charity Clark argued that federal protections under the Public Readiness and Emergency Preparedness (PREP) Act shielded not only vaccine manufacturers but also school officials.
In August, the Vermont Supreme Court sided with the Attorney General, ruling that the Politellas could not sue the school for what was clearly a breach of consent. The court extended the PREP Act to the public school and its staff, effectively barring the Politellas from seeking justice.
The Politellas, joined by attorneys Ron Ferrara and John Klar, have filed a petition with the U.S. Supreme Court to overturn the Vermont Supreme Court’s ruling.
“The Vermont Supreme Court ruled the parents have no right to sue the school because of federal legislation (the PREP Act) that provides product liability immunity to vaccine manufacturers. The parents didn’t sue Big Pharma, they sued the school for battery,” Attorney Klar told The Gateway Pundit.
“The Vermont decision means school and other officials can force vaccinate others’ children with complete impunity. This is a state that already provides hormone blockers and birth control to young children without parental consent or knowledge!” he added.
The Politellas are seeking public support to cover their legal fees, as attorneys Ferrara and Klar work pro bono to ensure their voices are heard. They’ve launched a fundraiser to raise awareness and rally Americans around their cause.
***Donate to the Politella Family Legal Fund Here***
Attorney Klar released the following statement via the Vermont Daily Chronicle:
“I have undertaken a Petition to the United States Supreme Court on behalf of the Politella family. I do not normally practice law. This is how I got involved.
“When I first read about the Vermont Supreme Court’s decision in Politella v. Windham Supervisory Union et al, I was shocked that any court would deprive parents of such a basic right as control over their child’s medical care. Tony Politella specifically requested that his son Leo not be vaccinated at the school clinic, and yet he was jabbed anyway.
“The Vermont Supreme Court ruled that the federal PREP Act insulated the school and state from any suit for wrongdoing, depriving the family – and any other families similarly situated in the future – of the opportunity to find out what went wrong, or tell their story in a court of law. This is not what Congress intended when it granted immunity to vaccine manufacturers.
“Vermont claims to be the modern bastion of liberties, ensconcing abortion through the full term in its Constitution, as well as an amendment clarifying the end of slavery here. How, then, could the Vermont Supreme Court so completely ignore such fundamental liberties? Even if the Court correctly determined that the PREP Act applied, the US Constitution is a higher law and the violations of basic rights to bodily integrity of a 6-year-old should eclipse even the PREP Act. Instead, Vermont’s highest court hid behind the PREP Act and ignored constitutional rights entirely.
“This is why I found the case so upsetting. As a grandfather, I know I would be furious if one of my grandchildren were injected with an experimental vaccine after their parents had been assured they would not be!
“I found no lawyers who would take the case pro bono — for free. The Politellas lack the financial means to hire counsel, and lawyers can only take so many free cases. Ron and I agreed to keep the case moving and ensure it did not lapse — that is, we had ninety days from the Vermont Supreme Court’s decision to challenge it in the US Supreme Court, and we became determined to make sure that happened.
“And so I agreed to work together with Ron Ferrara to file the Petition for Writ of Certiorari. We are concurrently raising funds to cover expenses and perhaps something toward legal fees. Our commitment to the Politellas is that this appeal will not cost them anything. We will keep that pledge.”
***Donate to the Politella Family Legal Fund Here***
The Politella family tells their story in the video below:
You can read the Petition for Writ of Certiorari below:
***Donate to the Politella Family Legal Fund Here***
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