The judge supports the university. California vaccine against professor cited natural immunity

A federal judge has upheld the University of California’s decision to authorize a COVID-19 vaccine rather than siding with a professor who said it has natural immunity and does not need injections.

It is believed to be the first ruling of its kind as Republican lawmakers and others have urged governments and employers to create waivers for people who have recovered from COVID-19 and to show antibody levels.

US District Judge James Selna in Santa Ana, California said Thursday that the university acted rationally in imposing a mandate designed to protect public health while failing to provide an exemption to those with natural immunity.

The ruling denied a request for a preliminary injunction by Aaron Khairati, a professor of psychiatry at the University of California, Irvine.

Biden administration officials have pressured previously infected people to get the vaccines. They say immunity from vaccines is easier to measure, and it’s unclear how much natural infection persists in everyone. They pointed to a study in Kentucky that found that people with a previous infection were twice as likely to get an infection if they evaded the vaccine versus those who came forward to get the injection.

Senator Roger Marshall, of Republican Kansas, led a group of doctors this week to pressure the administration to give respect to those with a certain level of protection from infection, especially as President Biden pushes a regulation that would require workers at large corporations to get the vaccine or face weekly testing.

More than 43 million Americans have tested positive for the virus during the pandemic. The senators said failure to identify those who have recovered and have a certain level of protection could cause a crisis because members of the military refuse to be vaccinated, or employers see their workers leave instead of being injected.

“We urge the CDC to harness the available data and technology to create better patient-centered solutions that will truly determine the level of an individual’s protection against COVID-19,” the senators wrote to the Centers for Disease Control and Prevention. “It may be that it is not medically necessary for an individual to receive the vaccination. It may also be that a sufficient level of protection can be produced from a single dose.”

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