Guest Contributor– Abigail Klose
While many states have begun implementing vaccine mandates, many hospitals, schools, and businesses across the country have quickly followed suit in implementing their own vaccine requirements. In many cases, Americans across the country are being forced to choose between violating their conscience regarding vaccines or facing termination at their place of employment or school. Individuals who have a personal objection due to a religious belief or have a medical condition that prevents them from getting the vaccine are told to apply for an exemption and are assured they will receive their due process. However, this was not the case for one law student.
Brianna Baker, a law student who was set to graduate in six months from Brooklyn Law School, was shocked to learn her school denied her application for a medical exemption. Having been born with a disease that affects her heart, Brianna’s doctor advised her not to get the vaccine. In our correspondence, she wrote, “When I was three years old, I was diagnosed with Kawasaki’s disease, which has negative impacts on the heart. To this day, I am at risk of myocarditis, aneurysms, and cardiac arrest because of the reduced size of my arteries. My doctors recognize this and the potential link between the vaccine and myocarditis. I think vaccines are great for people who can take them, but I do not fall within this category.”
When Brianna received the school’s denial, it read, “Currently, experts at the Kawasaki Disease Foundation at UCSD are recommending the Covid-19 vaccines to patients with Kawasaki disease. Given that the reported risks of the Covid-19 virus itself and its complications appear far greater and more clinically significant than the risks of the mRNA vaccines, given the information you have provided, a cardiac side effect or death is higher from the virus itself. As there has not been a single reported case of myocarditis with the Johnson & Johnson vaccine, if you are not at risk of blood clots, this would be a suitable alternative to an mRNA vaccine.” These statements are especially troubling because the school felt more qualified than the doctor to decide the necessity for an exemption. Brianna’s doctor even wrote a response letter to the denial, further advising the school why she should not receive the vaccine. Yet, she was met with the same response.
“They basically just borrowed information that they found from a quick Google search and a random foundation,” Brianna stated. The article the school used for the denial even said, “there is no scientific evidence that supports this recommendation.”
The denial letter also stated the school would reconsider the decision if Brianna provided documentation regarding the latest episode of cardiac rhythm abnormality, recent electrocardiograms, and information concerning if she remains on therapy for this condition. The electrocardiograms the school wanted would’ve taken two months to obtain since it takes so long to get an appointment. The school later emailed her asking for hospital records of when she last experienced an aneurysm, cardiac arrest, or cardiac problems. Brianna commented, “I had to laugh. No, sorry, I don’t go to the hospital on a weekly basis for heart attacks. All it takes is one heart attack or aneurysm, and you’re dead.”
This denial came as a slap in the face to Brianna. “Trust me, I wish I was normal and could just get the damn shot so people would shut up, but I really don’t want to risk anything with my heart right now.” As with many individuals who have a physical disability or personal conviction that prevents them from getting the vaccine, Brianna is feeling the pressure and moral outrage that typically ensues when one refuses the vaccine. When Brianna begged for a virtual option, the school responded, saying that they “weren’t set up for hybrid learning” and that virtual learning is “no longer a reasonable alternative.” She later learned one of her professors was allowed to teach his class remotely due to living with an immuno-compromised individual.
There were moments, despite the risk and her doctor’s warning, Brianna considered getting the vaccine just so that she could finish her education that she has worked towards for two and a half years. She even emailed her school asking if they would be willing to sign something assuming liability or agreeing to assist her if something ever did happen since vaccine manufacturers can’t be held liable for adverse effects. The school never responded to her email.
The denial has left Brianna stunned as she is left scrambling to pick up the pieces of her life. “I am at a loss for words. Thankfully, I am now attending Liberty University’s Law School for my last semester. Liberty is allowing me to sit as a visiting student.” Since the beginning, Liberty University has led the way in being innovative and accommodating to those who are high risk while still providing in-person education for those who don’t fall into one of those categories.
What is important to highlight in Brianna’s situation is Brooklyn Law School’s malice towards students like her who have a reason not to get a vaccine. Not only is the school forcing her to choose between getting vaccinated or forfeiting her degree, but they are also charging her $250 per credit that she takes through Liberty University as a transfer fee. Brianna wrote, “This wasn’t my decision to change schools. They essentially forced me out because I cannot get the vaccine without it posing a serious risk to my health. That sounds a lot like the first-year contract concepts we learned, duress and coercion.” She further wrote, “They basically kicked me out two weeks before classes started on my last semester. I had to get out of my lease in New York City, pack my belongings in two days, find an apartment in Lynchburg, and find a car to drive there to attend class by Monday. I’ve had to uproot my entire life. It’s just so upsetting,”
According to Brianna, she is not the only student who was denied an exemption. “One of my friends filed a religious exemption, but it was denied even faster than my exemption. Another girl at my school was denied a medical exemption for a psychiatric disorder. So, it’s not just me. I have a feeling they deny people back-and-forth.”
It begs the question: is this law school giving students their due process when it comes to religious and medical exemptions?
“People with physical disabilities are being denied their rights in education simply because they can’t get a vaccine, and it’s so wrong,” Brianna stated. “It’s actually kind of against the Americans with Disabilities Act, and I don’t understand how a law school wouldn’t understand that. The school claims to be all about inclusion and diversity, but they have demonstrated that they are perfectly fine with excluding a person just because of their physical disability. They’re going against everything they preach. It’s so hypocritical.”
Only a year ago, entire schools transitioned online to accommodate those who were high risk and have medical conditions. Now, students like Brianna, who have a medical condition that prevents them from getting a vaccine, are being denied accommodation to have equal access to education. “Best of luck to anyone out there who has to file for an exemption,” Brianna wrote. “Hopefully, your school or employer will be more accommodating and giving than mine.”
