Lawsuit Regarding SARS-CoV2 – Covid-19

Batra v Daszak, EcoHealth, et al – Lawsuit Complaint Amended

New York State Supreme Court – Index #157709-2021

Batra v Daszak, EcoHealth et al was filed on Aug 19, 2021. New Documentary evidence – Gain of Function (GoF) and US Grant Applications – became public thereafter. So, a new First Amended Complaint (FAC) – with 59 Exhibits – was filed on February 3, 2022.
Defendants have elected to withdraw their Motion to Dismiss (MTD), and re-file new MTD or Answer. FAC is NYSCEF Doc. ## 66-131 at link:

Overview of Added Causes of Action, and Withdrawal of Bioweapon Allegation

The FAC adds to original allegations concerning gross negligence and negligence, and adds two new causes of action:
abnormally dangerous activity (strict liability); and, private cause of action for public nuisance with special damages. Key additions are a table of contents and Exhibits 44-59 (inclusive of 44-A) which have been added to the original Exhibits 1-43 (inclusive of 25 and 25(a)-(c) that were in the initial verified complaint. A key change in the FAC is Batra has withdrawn that SARS-CoV-2 was created with the intention of making a bioweapon.
Timeliness updates include reference to the Omicron variant of SARS-CoV-2, full approval by the FDA of the Moderna vaccine as “Spikevax” on January 31, 2022, and more recent figures as to COVID-19 infections in the USA [as of 1/11/2022]. (FAC ¶¶ 129,230-231,234).

Overview of Added Exhibits

Exhibit 44 includes EcoHealth’s applications for the “Understanding the Risk of Bat Coronavirus Emergence” grant, renewals, approvals, and reports submitted by EcoHealth for the initial project period June 1, 2014, through May 31, 2019, and as revised extending until June 30, 2025. Exhibit 44-A is a late report yearly filed by EcoHealth or about August 3, 2021, for the period June 1, 2018, through May 31, 2019. Exhibit 45 is October 17, 2014, White House Announcement concerning the moratorium on gain-of-function research.
Exhibit 46 is the associated NIH guide concerning the gain-of-function moratorium. Exhibit 47 is October 27, 2021 correspondence from Ranking Members James Comer and Jim Jordan to AG Garland seeking an investigation by DOJ into “whether EcoHealth violated federal law by misrepresenting the status of its project to NIAID or NIH.” Exhibit 48 includes a series of emails concerning efforts by Daszak to block the publication of virus sequences secured with federal grant funds. Exhibit 49 is the publicized grant proposal that Ecohealth submitted to DARPA entitled “Project DEFUSE: Defusing the Threat of Bat-borne Coronaviruses.” Exhibit 50 is DARPA’s
rejection of that proposal. As amended, the complaint alleges that the defendants’ disregarded the rejection and did the experimentation anyway – further leading to the genesis of SARS-CoV-2. Exhibit 51 is an article published online on January 10, 2022, by “Project Veritas” entitled “Military Documents About Gain of Function Contradict Fauci Testimony Under Oath.” The article discusses a report to the DOD IG by a Marine Corp Major, Joseph Murphy, dated August 13, 2021, concerning EcoHealth, the rejected DARPA proposal, and the origins of SARS-CoV-2. The report, as published by Project Veritas (and watermarked by that organization with its logo), is appended to the FAC as Exhibit 52. … Exhibit 57 includes emails from and to Dr. Fauci evidencing, amongst other things, efforts to thwart the view that SARS-CoV-2 originated in or otherwise escaped from a laboratory, including the Wuhan Lab.
Exhibit 58 includes January 11, 2022 correspondence from Ranking Members James Comer and Jim Jordan to the HHS Secretary with emails that were only produced with redactions that had the redacted sections transcribed by GOP Committee staff – which showed that numerous researchers that Drs. Fauci and Collins were conferring within late January to early February 2020 initially believed there was a possibility of a lab leak (one as high as 60/40 in favor), and shortly later they all changed their view. By the FAC it is alleged that the scientists got in line to ensure continued funding for their projects from Fauci. Exhibit 59 is the screenshot of the EcoHealth “FLIRT” tool – showing projected air traffic out of Wuhan after the emergence of SARS-CoV-2. This image is also reproduced in the body of the FAC, with a quote from Daszak, in substance, that once the virus got into a big city like Wuhan it was “game over.” 

(Per Press Release by The Law Firm of Ravi Batra, P.C., February 25, 2022) 

Image courtesy of thesatimes

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