George Watts v DOD dismissed for the 2nd time, CHD plans to appeal.
As reported by The Defender, for the second time, a federal court has dismissed a lawsuit filed against the DOD by the estate of a 24-year-old college student who died in 2021 from COVID-19 vaccine-induced myocarditis. Attorney Ray Flores, who represents the family of George Watts Jr., told The Defender he plans to appeal. Children’s Health Defense is funding the suit.
To recap the case history, the case was funded by Children’s Health Defense. Ray Flores, filed the lawsuit in the U.S. District Court for the District of Columbia against the DOD and Lloyd Austin III in his official capacity as defense secretary, alleging that the DOD engaged in “willful misconduct” by continuing to exclusively allow distribution of the stockpiled version of the Pfizer-BioNTech vaccine that had been authorized for emergency use even after the U.S. Food and Drug Administration (FDA) granted full approval to a different vaccine, Comirnaty.
The complaint stated that the DOD engaged in ‘bait and switch’ fraud,” misleading the public that Comirnaty “approval” meant that the Emergency Use authorized injections were the same and thus “safe and effective”. The vast majority of the public, including health professionals today do not understand the distinction and do not know that the injections administered to the public are legally still EUA, covered by the PREP Act until December 31, 2029. Also, very few people realize that both EUA and BLA versions are “covered countermeasures”, and that the PREP Act preempts any FDA regulation or any law at the federal or state level that otherwise regulates safety, efficacy, manufacturing compliance and liability for medical products.
First Dismissal
The suit was dismissed by a federal judge on September 24, 2024, ruling that the federal government enjoys sovereign immunity, which protects it from lawsuits. […] According to the ruling, the PREP Act does not revoke the sovereign immunity of the government or federal agencies, but “explicitly preserves it.”
Watts v. DOD asks that one provision of the PREP Act be severed (Sovereign immunity). The PREP Act makes the Govt. a covered person and then cuts off all other causes of action, venues, and sets up an impossible and unconstitutional standard for willful misconduct. If the Govt. were truly sovereign, they would not need to be listed as a covered person. But since they are, PREP subjects them to liability.
Since it is the only PREP case ever filed, the DC local rules did not take into account that PREP requires automatic assignment to a 3 judge panel. Due to the Judge’s lack of authority to dismiss, Plaintiff filed a Rule 60 Motion seeking relief due to a judicial mistake (a lone judge lacks jurisdiction under the PREP Act).
Current Dismissal:
Last week, 3 judge panel for the U.S. District Court for the District of Columbia ruled that the family of George Watts Jr. lacked standing to sue because the sovereign immunity doctrine protects the federal government from lawsuits.
The decision is practically a carbon copy of the decision by the single judge that was previously appealed. It appears that additional two judges did not consider the case properly, but simply reiterated what their colleague had said in his ruling. The judges decided that death of a young man from the mRNA shot (proven by autopsy) does not constitute willful misconduct, despite the young man and his family being told repeatedly that the vaccine is safe and effective, and that the side effects are mild and do not include death. These were lies, yet the court believes lies about medical products that result in death do not represent “willful misconduct”.
This reiterates, once again what I have written over and over:
Neither fraud nor deliberate homicide are “willful misconduct” under PREP Act!
Lots of “experts” in “health freedom” repeatedly talk about the necessity of proving fraud or proving that there were deaths and injuries due to the shots - that’s a dead end, a wild goose chase that the orchestrators of covid atrocities want everyone to pursue. Resist this.
I have written a case law review about PREP Act to date, and this pattern is repeated over and over. https://sashalatypova.substack.com/p/case-law-reality-check-prep-act-is PREP Act has preempted most litigation to date. It is rare to have a case progress to court, yet none have succeeded so far in accountability for willful misconduct.
The “sovereign immunity” argument invoked by the Government
The government invokes sovereign immunity because the case is naming DOD and Lloyd Austin in his official capacity. It is difficult-to-impossible to overcome the PREP Act shield that the government designed 20 years ago for this eventuality. In 2005 PREP Act was introduced into US law, and at the time of the Congressional debate it was clear that it was unconstitutional, violating several Amendments, namely, for the citizens ability to seek justice and compensation in regular courts for acts of government that result in death or injury or property destruction. These objections were brought to the floor by Senators Clinton, Biden, Byrd and Ted Kennedy. https://bailiwicknewsarchives.wordpress.com/wp-content/uploads/2025/10/prep-act-public-health-emergency-eua-law-october-2025-2.pdf (see p.191). The law was passed by the majority Republican Congress.
Potential legal strategies that have not been utilized yet:
Instead of going after Austin in his official capacity, perhaps this rejection means that the case(s) going forward should be reframed by going after individual government officials as rogue actors, engaged in mass poisoning and deception.
Legal strategies that could be considered include filing an amended complaint identifying defendant Lloyd Austin in his personal capacity; adding as co-defendant, also in his personal capacity, Operation Warp Speed Chief Operating Officer, Army General Gustave Perna; and requesting that federal judges nullify the PREP Act in its entirety to the extent that the Department of Justice and Department of Defense hold the position that the PREP Act authorizes sovereign rulers to poison and kill subjects while enjoying the privileges of sovereign immunity.
Reasoning for this approach is outlined below.
The nutshell version: Austin and Perna have engaged in intentional poisoning and mass murder in their personal capacities, because a legitimate sovereign ruler automatically forfeits his sovereignty and reverts to personal or outlaw status the moment he acts against the true good of his subjects.
Rulers poison and kill their subjects for purposes other than the welfare of the subjects.
To the extent rulers claim that they poison and kill subjects for the subjects’ own good, the rulers are lying.
For further reference, primer document on the PREP Act:
Art for today: Spring in the Vineyards. Available art here.
This is a particular case of injustice, a particular human tragedy, and humans who look into it will see that it needs to be openly addressed.
There are others, but it may be easier to see the truth in one human story than in a statistic.
(The sheep wonder what's up.)
It still amazes me that the DOD did not deny using a bio-weapon on its own citizens but instead claimed the right to murder us. FYI THEY also murdered one of THEIR own icons - General Powell.