A federal judge ruled that New York firefighter O’Brian Pastrana, who experienced a severe heart injury after his second COVID-19 vaccine, was not entitled to financial compensation. Pastrana’s employer denied his request for a medical exemption based on the firefighter’s severe reaction to his first dose.
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.
She said:
“Here, the Court found that the ‘fundamental right to bodily integrity’ wasn’t implicated because Mr. Pastrana could have walked away from his job rather than take the second dose. But that ignores both the facts and the law. Mr. Pastrana didn’t just lose his job — he lost his health.
“He suffered a serious allergic reaction to the first dose, sought a medical exemption, and was told by the city that he had to take the second dose anyway. After complying, he developed myocarditis and was forced into disability retirement. That is not a free choice; it’s coercion.”
Attorney Sujata Gibson, also representing Pastrana, said Pastrana didn’t leave his job. He stayed, followed the rules, and was injured by his employer’s policy. She said:
“So the question is, can an employer require you to do something that they understand could kill or harm you without having to prove it is necessary or compensate you when you are hurt? This court said yes.” ...
