Former New York City firefighter O’Brian Pastrana, who was forced to retire after he was diagnosed with permanent heart damage following the mandated COVID-19 shot, is not entitled to financial compensation for his losses, a federal judge ruled last week.
U.S. District Judge Brian M. Cogan ruled that none of Pastrana’s fundamental rights were violated when he was denied a medical exemption – even though he experienced a severe reaction to the first shot – and compelled to either get fully vaccinated or be fired by the New York City Fire Department (FDNY).
Cogan said the vaccine mandate wasn’t to blame for Pastrana’s injury, as he claimed. “In this case, Pastrana always had a choice between receiving the vaccine and keeping his job.”
Pastrana also “was free to decide between taking the vaccine or seeking different employment” in another department or a neighboring state, Cogan ruled. And he was “free not to receive the second dose of the COVID-19 vaccine, potentially sacrificing his career.” As a result, the city can’t be held accountable for his injuries, Cogan ruled.
Based on the facts presented, Cogan granted the city’s motion for summary judgment, ruling in the city’s favor without a trial.
Christina Martinez, one of Pastrana’s attorneys, said the court sidestepped the unconstitutional conditions doctrine, which prohibits the government from conditioning a public benefit, like employment, on the waiver of a constitutional right.
Hellbound and Down 