About the Kid's Case

On 27 and 28 June, The ‘Hood supported 8 parents to bring a judicial review action against the Group Manager of Medsafe for his decision to provisionally consent to the Pfizer COVID-19 product for 5-11 year olds.

The case was simply premised on the fact that there was all risk and no benefit for this product for this age group.  Further, there was no emergency to justify its provisional consent while it was still in clinical trials and both medium and longer term effects were not known.  A further pillar of the argument was that the C-19 products were now totally ineffective in the Omicron wave.

The parents also sued The Minister of Health and The COVID-19 Response Minister for rolling out these products to healthy children.  

In support of the 8 parents, the following experts provided extensive and comprehensive expert reports, which we were so proud to be filed. 

The hearing was before Justice Gendall in the High Court at Wellington.  We are all eagerly awaiting his decision.

Our legal team, led by David Jones QC and Tom Molloy of Counsel, Shelley Eden, instructing solicitor, and Katie Ashby-Koppens, legal case manager did us all proud and we know that we gave it our all and put the best case we could.

Justice Gendall was respectful and considerate and heard both parties’ sides of the case.

Now we wait, but in the meantime, here is some of the evidence we filed:

Dr Robert Malone

Dr Robert Malone, Scientist, Physician and original inventor mRNA vaccination as a technology (together with others).

Dr Malone is a vaccinologist. He invented the core mRNA vaccine technology platform and has spent much of his career working on vaccine development. Dr Malone holds numerous fundamental domestic and foreign patents in the fields of gene delivery, delivery formulations and vaccines: including for fundamental DNA and RNA/mRNA vaccine technologies.

Dr Malone has extensive experience in drug repurposing for infectious disease outbreaks. His career has been dedicated to vaccine research and development as well as being devoted to developing safe and effective ways to prevent and treat infectious diseases.

He is vaccinated for COVID-19 and generally pro-vaccination.

Dr Malone is widely published and sits on and serves Committees involved in the management of clinical research for a variety of drug and antibody treatments for COVID-19.

Dr Malone’s expert evidence includes the following:

Healthy children are not at risk of COVID-19 and should not be vaccinated for COVID-19 due to their significant immunologic advantages relative to the older adult population (65 years) which is the high risk cohort for COVID-19.

Children who have died with COVID-19 in the United States have had significant pre-existing health issues. With Omicron the risk of death and disease in children has become even more rare.

The risk benefit ratio to vaccinating children is inverted compared with adults. The risk of death from COVID-19 decreases as age decreases, such that the risk/benefit analysis is not even close with this vaccine for children.

mRNA vaccines are novel technology that have not been adequately tested. At least 5 years of testing and research is needed before we can really understand the risks associated with this new technology – the harms and risks from new medicines often only becomes revealed many years later.

The very nature of an mRNA vaccine means that a viral gene will be injected into a child's cells. That gene forces the child’s body to make toxic spike proteins. These proteins can cause permanent damage in critical organs including the brain and nervous system, heart and blood vessels which could cause inflammation of the heart including blood clots and the reproductive systems in both boys and girls, but predominantly girls. Much of this damage, once it has occurred, is irreparable and cannot be reversed.

The mRNA vaccine can trigger fundamental changes to children’s immune systems – a genetically reset immune system cannot be repaired.

The ‘Hood thanks Voices For Freedom for making this contact with Dr Malone which enabled us to produce his incredible report.

Affidavit available Here.

Lisa Mitchell

Ms Mitchell is a statistician.  She provided expert opinion in respect to adverse events following the COVID-19 products in both New Zealand and Australia. 

Specifically, she outlines whether Medsafe had access to information which showed significant levels of adverse reactions to the Pfizer Comirnaty paediatric vaccine and on the basis of that information, whether Medsafe should have made the decision that it did to grant provisional consent for the vaccination of children between the 5 and 11 years old.

Ms Mitchell’s evidence is that based on the reports to CARM there has been a 5207% increase in adverse events following delivery of the COVID-19 products.  Standardised against the number of injectables given, there is still a 660% increase in adverse events following COVID-19 products compared to all other vaccines administered in New Zealand.

Ms Mitchell has produced two reports, her primary report and her report in reply to criticisms from the Group Manager of MedSafe.  

Affidavit available HERE

Reply Affidavit available HERE

Dr Geert Vanden Bossche

Virologist, Belgium

Dr Vanden Boscche holds a PhD in Virology.

Following his career in academia at universities in Belgium and Germany, Dr Vanden Bossche joined several vaccine companies to serve various roles in vaccine research and development as well as in late vaccine development. In summary, Dr Vanden Bossche’s evidence includes the following:

  • Children have a natural innate immunity which is not just beneficial for the child but communities as a whole – their ability to absorb and mute or muffle a virus is vital for human evolution.
  • COVID-19 vaccines and how mass vaccination leads to more variants.
  • The immunological rationale against COVID-19 vaccination of children due to their innate immunity.
  • Susceptibility of children to immunological side effects of the COVID-19 vaccines.
  • How vaccination of children in particular drives immune escape and dramatically diminishes the chance for generating herd immunity (the ultimate response to the pandemic).
  • How immunising children against Omicron, being less virulent than previous mutations of the virus, will increase (rather than mitigate) the selective immune pressure exerted by highly vaccinated populations and remove the prospect of generating herd immunity.
  • That no single healthy child should be considered eligible for COVID-19 vaccination, from a public or individual health viewpoint.
  • Involved with the withdrawal of the Ebola jab.

Affidavit available HERE

Dr Geert Vanderbilt Bosche explains MIS-C in detail

Dr Geert Vanderbilt Bosche explains MIS-C in detail, a fact the crown convincingly argued was a significant risk to children from Covid. 

Dr Vanden Bosche recognises the risk, but gives research in more detail of how it is not one that supports the risk vs benefit of the product approved by medsafe. 

Read this HERE

Dr Peter McCullough

Medical Doctor of Dallas, Texas

Dr McCullough is an Internist, Cardiologist and Epidemiologist. He practises internal medicine and clinical cardiology. He also teaches, conducts research and is an active scholar. Dr McCullough has led clinical, education, research and programme operations at major academic centres, with decades of experience as Principal Investigator of numerous clinical trials and of undertaking post marketing surveillance of drugs newly released to market.

Dr McCullough has treated COVID-19 patients since the arrival of the pandemic and was key in investigating early treatment protocols.

In summary, his expert evidence covers the following areas:

  • Children and adolescents are at no material risk of serious injury or hospitalisation from COVID-19 and, in particular, Omicron, due to their natural immunity.
  • The risks of using a genetic vaccination in children outweigh any benefit from the vaccine.
  • There are treatments available for COVID-19 that have proven effective which have greatly reduced hospitalisation and death in high risk individuals with COVID-19.
  • The current COVID-19 vaccines are progressively losing efficacy and have become obsolete with antigenic escape.
  • There is emerging evidence of negative vaccine efficacy with respect to Omicron in so far as vaccinated persons appear to be more likely to be infected than unvaccinated.
  • The Pfizer vaccine skipped testing for genotoxicity, mutagenicity, teratogenicity and oncogenicity. In other words, it is unknown whether or not it will change human genetic material, cause birth defects, reduce fertility, or cause cancer.
  • The mRNA vaccines have a dangerous mechanism of action in that they cause the body to make an uncontrolled quantity of spike protein for at least two weeks and possibly longer. This is unlike other vaccines with a set amount of antigen or live-attenuated virus. Spike protein can damage many important organs in the body.
  • The mRNA vaccines are not safe for general use with emerging evidence of serious adverse effects including myocarditis which may result in heart damage and would markedly reduce the lifespan of a child or young adult who develops vaccine-induced myocarditis.
  • Vaccination to prevent mild viral upper respiratory symptoms in a small fraction of subjects is not justified given the short and unknown longer-term risks of the vaccines.


Affidavit available HERE

Dr Martin Lally

Associate Professor, New Zealand

Dr Martin Lally is a Doctor of Finance.  His principal expertise is cost benefit analysis.

In his report filed in support of the Kids’ Case, Dr Lally utilises Pfizer’s own data and current New Zealand government data to determine the risk versus benefit of the COVID-19 vaccine for children aged 5-11 years old.

Dr Lally concludes that with respect to the Delta variant, the risk of serious side effects from the vaccine exceeds the risk of COVID-19 in healthy unvaccinated 5-11 year olds.

With respect to Omicron, the risks are even lower than Delta, which strengthens the conclusion: that the risks from the vaccine exceed the risk to healthy children (including 5-11 year olds) from Omicron if they are unvaccinated.

Affidavit available HERE


Associate Professor Byram Bridle

Associate Professor of Viral Immunology

Department of Pathobiology, University of Guelph, Ontario, Canada

Associate Professor Bridle is the Associate Professor of Viral Immunology in Canada at a comprehensive public research university. 

Associate Professor Bridle has extensive experience in vaccinology and has been certified as an expert witness for scientific matters related to COVID-19 in the Ontario Supreme Court of Justice, Canada. He received funding from the Ontario Government (from the Covid-19 Rapid Research Fund) and the Government of Canada (Pandemic Response Challenge Programme, National Research Council of Canada) in relation to the development of vaccines against coronaviruses. 

Relevantly, he correctly identified safety concerns with Canada’s COVID-19 vaccine programme, including concerns related to blood clotting and heart inflammation. In response, the AstraZeneca vaccine was withdrawn from the Canadian programme and the Moderna vaccine was suspended for males aged 18 to 24 years. 

Associate Professor Bridle was also one of the first to comment publicly on Pfizer’s bidostribution study that was in Japanese produced for their regulatory authority.  That biodistribution study clearly identified that the products, once injected did not stay in the deltoid muscle, rather they travelled throughout the body

He researches vaccine development for the prevention of infectious diseases and to treat cancers in humans. He holds numerous grants for research in cancer and viral immunology. Associate Professor Bridle has studied and is able to give expert evidence about the human body’s immune response to viruses. He covers the following areas in his evidence: 

  • That otherwise healthy 5-11-year-old children face greater risks of adverse events from the vaccine than they do from SARS-CoV-2. 
  • The molecular basis for COVID-19, the immune response to the virus known as SARS-CoV-2 and the scientific understanding of the way the virus propagates between people.
  • The rationale behind use of the Pfizer mRNA vaccines and whether there is any scientific basis to justify the use of vaccine mandates to reduce the transmission of SARS- CoV-2.
  • The side-effects of the Pfizer mRNA vaccine which for many adults and young people are likely to be worse than infection with the virus itself.
  • Natural immunity after contracting COVID-19 is significantly more comprehensive than any immunity a vaccine can give.

Associate Professor Bridle has produced three reports in support of the Kids’ Case:

  1. The first report covers – experience from the Canadian vaccine programme, and the disproportionate number of vaccinated being overrepresented in hospitals.  You can read that HERE (Affidavit – 25 Jan). 
    The ‘Hood thanks NZDSOS for making this contact with AP Bridle possible and for his incredible first report.
  2. Second report covers - commentary on the English version of Pfizer’s biodistribution report following release of FDA documents under an FOI ruling – that English version of the biodistribution report confirmed AP Bridle’s initial comments in May of 2022 (re Pfizer’s Japanense version) – but the information was even more concerning as it now distinguished the biodistribution of the products in male and females.  You can read that report HERE
  3. Third report is in direct response to criticisms levelled at Dr Bridle by the Crown.  This report discusses the different nature of vaccines.  You can read that report HERE

Professor Nikolai Petrovsky

Physician and Vaccine Developer

Director of the Diabetes and Endocrinology Department of Flinders Medical Centre, Academic Professor at Flinders University, and Director of Vaxine Pty Ltd

Professor Petrovsky has been involved in vaccine research since 1998. He is highly published, held a number of editorial positions for scientific journals within the fields of immunology and vaccines and has been actively involved in research related to the development of novel vaccines and vaccine adjuvants, including protein vaccines, DNA vaccines, mRNA vaccines and polysaccharide vaccines, with an interest in coronavirus vaccines. 

In his role as Chairman and Research Director of a biotechnology company now based in South Australia (Vaxine Pty Limited) Professor Petrovsky has been involved in the development and formulation of vaccines for a range of pathogens including SARS, MERS and SARS-CoV-2 coronaviruses, various seasonal and pandemic influenza viruses, pneumococcus, hepatitis B virus (HBV), malaria, Japanese encephalitis virus (JEV), West Nile virus, Ebola Virus, rabies virus and Human Immunodeficiency Virus (HIV), amongst many others. 

Professor Petrovsky has been a principal investigator or sponsor representative on at least 13 vaccine clinical trials including against pandemic and seasonal influenza, hepatitis B, insect sting allergy and COVID-19.

In summary, his expert evidence covers the following areas: 

  • Traditionally, vaccines have taken 15-20 years to develop starting with animal testing, then proceeding through Phase 1, Phase 2 and then Phase 3 trials before proceedings to a regulatory review and approval phase. 
  • Safety for vaccines is far more important than for therapeutic drugs as vaccines are given in large numbers to perfectly healthy people. Therefore, vaccines must be extremely safe.
  • The Pfizer mRNA vaccine has not followed a traditional vaccine development route with extremely limited animal testing before entering accelerated clinical trial testing and regulatory approval all within less than 12 months. The median follow up of trial subjects was only 2 months. 
  • The Pfizer clinical trial in 5-11 year olds was not adequately powered to statistically assess either benefit or harm of vaccination and it is worthless for guiding public health policy. The trial did not establish that the vaccine is safe for children. 
  • The formulation of the paediatric Pfizer vaccine which has been granted provisional consent in New Zealand is different from formulation used in the Pfizer clinical trial. 
  • mRNA vaccines are novel in humans and there is a complete lack of knowledge of their potential for long-term adverse effects and what form those might take. 
  • Myocarditis is a serious known side effect of the mRNA vaccines. 
  • Vaccine efficacy quickly wanes and provides much lower levels of protection than against the original strains of COVID-19. 
  • The Pfizer vaccine does not prevent infection and transmission of COVID-19. 
  • There is emerging evidence of negative vaccine efficacy (VE). 


Evidence Professor Petrovsky’s gave in another High Court case this year was praised by Justice Cooke when considering the Police and Defence Force mandate, see Yardley v Minister of Workplace Relations [2022] NZHC 291 [88] and [89].

You can review Professor Petrovsky’s two reports HERE and HERE