Firefighter injured by COVID is suing fresh York for disability benefits

A fresh York firefighter sued the city New York for refusing to grant him an extended disability pension after he was forced to quit early due to permanent heart harm caused by the city-ordered COVID-19 vaccine. His lawyer says refusing is part of "an alarming pattern of intentional cruelty" to those injured after vaccines and anyone who has spoken out against mandates.

Fireman from fresh York, u diagnosed with permanent damage after receiving a vaccine for COVID-19, sued the city of fresh York and his fire department pension fund.

According to the fresh York Post, O’Brian Pastrana, whose injury forced him to retire, filed a suit after the fire department pension fund trustee rejected his application for more crucial disability benefits in June.

Doctors from the fresh York City Fire Department (FDNY) Board of wellness stated that Pastrana's heart harm was caused by COVID-19 vaccine, which was mandatory for all fresh York employees as a condition of employment. At present, it only lasts for half of its regular salary.

Pastrana received his first dose of vaccine on October 29, 2021. He had an immediate anaphylactic reaction with urticaria, lip oedema and another symptoms that persisted for respective weeks.

He was treated in the E.R., and later met with an FDNY doctor who diagnosed him with a side effect of COVID-19. The symptoms persisted and were periodically severe, causing Pastrana to return to the ER and take leave of absence from work.

Despite the ongoing allergic reaction and concerns he reported to his FDNY physicians about receiving a second dose of vaccine, the department requested him to take a second injection, which he did on 23 November 2021.

Pastrana said his wellness deteriorated importantly after the second injection. “I had shortness of breath, chest pain and was very tired – I couldn’t do anything. I was afraid to die” said The Defender.

His wife, a nurse, was worried about having a heart condition. But even though he was very ill, he said, “I was 35 years old, I had no past of cardiology, I thought it couldn’t be that.”

After another visit to the E.R. in February 2022, court papers indicate that Patrana was diagnosed with inflammation cardiac muscle and almost heart failure.

They told me, “You can never be a NYC firefighter again“- said Pastran. He couldn't believe it. "I told myself that possibly if I got a second or 3rd opinion, possibly I'd hear something else. Each said the same thing.”

In March, an FDNY doctor dismissed him from full work and recommended retirement.

There are different levels of pension benefits for firefighters, depending on the origin of disability. The fire commissioner granted him a minimum "normal disability pension" which only pays 50% of his wage of US$92,000, little taxes.

Christina Martinez, his lawyer, said that, from a medical and legal point of view, he should qualify for an "accidental disability pension", which is usually granted erstwhile a firefighter suffers accidental injury and pays three-quarters of the firefighter's salary, without taxation deduction.

In a simple disability pension, Pastran said: “I can barely keep food on the table. My mortgage exceeds my financial capacity."

Pastrana, the father of 2 children and the main host of the family, joined the FDNY as a medical rescue method at the age of 20. After his promotion in 2013, he worked for 10 years as a firefighter and hoped that 1 day he would become a fire marshal.

The failure of work and the future for him was "more than average devastating," he said. "I was completely surprised." He became severely depressed and anxious, and was besides diagnosed with PTSD.

Almost the worst, as he said, was the deficiency of support from the FDNY, whom he devoted his full adult life to. "It was the eventual betrayal," he said.

Pastrana now asks the justice to grant him a disability pension. “I just want to be able to support my family,” he wrote Pastrana in his petition to court.

“Who takes responsibility?”

Prior to filing the lawsuit, Pastran asked the Fire Department Pension Fund to upgrade. In June, at meeting of the Supervisory BoardMartinez made his argument to the board.

His doctors and the fresh York City Pension Fund Medical Commission agree that the injury was straight related to the vaccine and was classified as an injury “service related“which should entitle him to an extended benefit.

The 24-member committee consists of 12 members of the Firemen's Union and 12 of the various city departments, including the Fire Commissioner.

Several members of the union board made fervent appeals to the full council in favour of Pastrana's request.

Pastrana followed the orders of his superiors, the fire department and the city of fresh York, erstwhile he received the shots, said consultant Uniformed Firefighters Association (UFOA) Louis Sforza during a retirement fund meeting.

"Almost all doctor in the dossier indicated that he retired as a consequence of a COVID-related illness as a consequence of the vaccine. There should be no uncertainty that he has received an invalidity pension," he said Sforza.

When Pastrana responded to the first injection, “there should never be a second injection... I don't think you request to be a doctor to realize this," Sforza said.

Another associate commented that the medical evidence confirming Pastrana's claim was "unordinary" and had never seen specified convincing evidence of any claim.

“Who takes responsibility?” asked Jim Brosi from UFOA erstwhile people are forced to act and endure for it.

The vote was divided in half, with all union members voting in favour, and all city representatives voting in favour of refusing to grant him an increased disability pension.

Martinez told The Defender that the refusal fits in with the fresh York decision-making strategy to punish those who talk out against or argue urban politics vaccination against COVID-19.

He said:

"The city's ruthless treatment of the fireman Pastrana reveals an alarming pattern of intentional cruelty. They ordered the vaccine, ignored serious allergic reactions, and then callously forced it to permanent disability. Now they deny him the pension he deserves by pushing him to the brink.

City representatives, without any empathy, voted against his legitimate retirement benefits, leaving him and his household in financial ruin. This isn't just about 1 firefighter. This is simply a blatant effort to suppress any opposition to the mandate. The actions of the city are not only punishment, it is an insult to justice and humanity."

The suit alleged that the board's decision was ‘arbitral and whimsical’, in violation of the applicable procedures and showed an abuse of recognition.

The complaint referred to Article 78 fresh York Law and the rules of civilian proceedings, which would let the court to revoke the allegedly inappropriate decision of the council and take into account Pastrana's request.

"There is absolutely no evidence to support the Court's refusal to grant benefits for accidental invalidity, not to mention evidence from a reliable origin that would make any level of belief in a deficiency of causal link. All the evidence supports the granting of incidental disability benefits’ — read in the complaint.

Pastrana tried to work in another competitions after leaving the fire department, but stated he was completely incapable of working.

“I am ruined financially and besides physically and mentally devastated” – wrote Pastran in a message made in court.

He wants the court to aid him accomplish “a small justice”.

Pastrana told The Defender that he besides wanted justice for another firefighters injured by vaccines. “I know another people in the fire department who endure for the exact same reason”, for which many met through the organization Bravest for Choice.

He said he was afraid due to the fact that “it all becomes so normal.”