Today, Ave Maria School of Law and its Veterans and Servicemembers Law Clinic announced a legal victory in a Covid-related healthcare dispute with the U.S. Veterans Administration (V.A.) and the Michael E. DeBakey V.A. Medical Center in Houston, Texas. The Law Clinic intervened on behalf of their client, Mr. John Forsander, after the V.A. denied him a required heart transplant evaluation due to his religious objection to the Covid-19 vaccine.

During the 1980s, Mr. Forsander honorably served the United States overseas as an enlisted, active-duty member of the Air Force. He was medically retired from military service and, in 2013, was granted 100% disability status by the V.A. due to his service-connected heart condition. Last year, Mr. Forsander’s doctors determined he would need a heart transplant if he expected to survive.

Citing V.A. policy, the V.A. Medical Center removed Mr. Forsander from his heart transplant evaluation process in January when it discovered that he would refuse to take the Covid-19 vaccine. Putting his faith in God, Mr. Forsander was willing to put his life on the line and follow his conscience rather than succumb to the V.A.’s Covid ultimatum.

In response to the V.A.’s startling and unfair decision, students at Ave Maria’s Law Clinic devoted over 100 hours investigating the facts, researching the law, and preparing a legal defense to protect Mr. Forsander’s rights. The Law Clinic crafted a letter to the Medical Center, arguing that Mr. Forsander’s objection to the vaccine was based on his sincerely held religious beliefs. The letter demanded an accommodation under the Religious Freedom Restoration Act (“RFRA”). Forsander and his wife, Pam, are devout Christians who have dedicated their lives to the Gospel message. Mr. Forsander firmly believes that compliance with the V.A.’s vaccine mandate would violate his conscience and religious beliefs.

In response to the Law Clinic’s demand, the V.A. informed Mr. Forsander that it will now allow his transplant evaluation to continue even without his Covid vaccination, and Mr. Forsander has been placed back into the transplant process.

“We appreciate the V.A.’s timely recognition of Mr. Forsander’s religious liberty,” said Joshua Mireles, a student-clinician at the Law Clinic who was heavily involved in the case. “It is a clear violation of law for any government agency to force a patient to choose between life-saving care and his religious convictions.”

Ave Maria Law Professor Antony B. Kolenc, director of the clinic, also celebrated the V.A.’s decision, saying, “We are thrilled with the V.A.’s change of heart, and grateful that Ave Maria School of Law was able to advocate on behalf of someone with John’s character and principles. As a retired Air Force officer, I deeply appreciate John’s service, and I believe it is our mission to fight for the religious rights of our nation’s veterans and service members. Thank God, the V.A. agreed.” Mr. Forsander is now continuing his transplant evaluation process. The Law Clinic is monitoring any developments in the case and is hopeful that the V.A. will grant him timely, competent care in compliance with all ethical and moral principles.

The Ave Maria Law Veterans and Servicemembers Law Clinic provides students the opportunity to help military servicemembers and low-income veterans navigate legal issues in a variety of cases.

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