Case 7:20-cv-03124-CS Document 31 Filed 10/01/20 Page 1 of 33
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`Plaintiffs,
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`Civil Case No.
`7:20-cv-03124 -CS
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
`________________________________________________
`RICHARD O. KLING, M.D., BRENDA SUTTON,
`SHIRLEY MORTON, KENYA TUCKER,
`HAROLD WIMBUSH, SIMON ALLISON, PATRICIA
`HULL, Individually and On Behalf of All Others
`Similarly Situated,
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`-against-
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`THE WORLD HEALTH ORGANIZATION,
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`Defendant.
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`_________________________________________________
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`SECOND AMENDED CLASS ACTION COMPLAINT
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`RICHARD O. KLING, M.D., BRENDA SUTTON, SHIRLEY MORTON, KENYA
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`TUCKER, HAROLD WIMBUSH, SIMON ALLISON, PATRICIA HULL, Individually and On
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`Behalf of All Others Similarly Situated, (collectively “Plaintiffs”) by and through their attorneys,
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`BLAU LEONARD LAW GROUP, LLC, as and for their Second Amended Complaint against
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`THE WORLD HEALTH ORGANIZATION, allege upon personal knowledge and upon
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`information and belief as to all other matters, as follows:
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`NATURE OF THE CLAIMS
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`1.
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`This is a class action brought against the WORLD HEALTH ORGANIZATION
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`[“WHO”] for the substantial damages suffered by Plaintiffs and Class Members, proximately
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`resulting from WHO’s gross negligence in failing to timely declare Coronavirus [COVID-19] a
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`public health emergency of international concern (“PHEIC”); in failing to properly monitor the
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`response to the Coronavirus pandemic in China generally and within Hubei Province and the
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`City of Wuhan; in failing to timely promulgate the correct treatment guidelines to its members;
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`Case 7:20-cv-03124-CS Document 31 Filed 10/01/20 Page 2 of 33
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`in failing to timely and properly issue appropriate guidance to its members on how they should
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`respond to the Coronavirus pandemic emergency, including travel and trade restrictions; and in
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`negligently failing to act as a global coordinator, shepherding scientific data and experts to where
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`they were most needed.
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`2.
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`WHO negligently mishandled and mismanaged the response to the discovery of the
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`coronavirus by negligently assenting to the assertions of the Chinese government that insisted
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`human transmission was impossible, long after doctors in Wuhan had concluded human
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`transmission was ongoing, and despite the suspicions and contrary opinions of other outside
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`health experts.
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`3.
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`WHO’S negligent and reckless conduct/actions caused and/or contributed to the
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`subsequent spread of the coronavirus all over the world, including to the United States of
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`America and the State of New York.
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`4.
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`The negligent commissions and omissions of WHO have proximately caused injury and
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`incalculable harm to Plaintiffs and Class Members. Such injuries and harm are continuing in
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`nature and will multiply exponentially for the indefinite future, causing additional personal
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`injuries and deaths, as well as progressive economic damages.
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`THE PARTIES
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`5.
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`RICHARD O. KLING, M.D. is a resident of New Rochelle, New York who has been
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`injured and damaged by WHO’s negligent conduct and actions as described herein.
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`6.
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`BRENDA SUTTON is a resident of Mount Vernon, New York who has been diagnosed,
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`and treated for Covid-19 and sustained damages as a proximate result of WHO’s negligent
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`conduct and actions as described herein.
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`Case 7:20-cv-03124-CS Document 31 Filed 10/01/20 Page 3 of 33
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`7.
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`SHIRLEY MORTON is a resident of Mount Vernon, New York who has been
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`diagnosed, and treated for Covid-19 and sustained damages as a proximate result of WHO’s
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`negligent conduct and actions as described herein.
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`8.
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`KENYA TUCKER is a resident of Mount Vernon, New York who has been diagnosed,
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`and treated for Covid-19 and sustained damages as a proximate result of WHO’s negligent
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`conduct and actions as described herein.
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`9.
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`HAROLD WIMBUSH is a resident of Mount Vernon, New York who has been
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`diagnosed, and treated for Covid-19 and sustained damages as a proximate result of WHO’s
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`negligent conduct and actions as described herein.
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`10.
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`SIMON ALLISON is a resident of Mount Vernon, New York who has been diagnosed,
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`and treated for Covid-19 and sustained damages as a proximate result of WHO’s negligent
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`conduct and actions as described herein.
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`11.
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`PATRICIA HULL is a resident of Mount Vernon, New York who has been diagnosed,
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`and treated for Covid -19 and sustained damages as a proximate result of WHO’s negligent
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`conduct and actions as described herein.
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`12.
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`The WHO is a specialized agency of the United Nations responsible for international
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`public health.
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`13.
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`The WHO is part of the U.N. Sustainable Development Group, a consortium of 36 United
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`Nations funds, programs, specialized agencies, departments and offices that play a role in
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`development. It was created by the Secretary-General of the United Nations in order to improve
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`the effectiveness of United Nations development activities at the country level.
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`14.
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`The WHO maintains offices at the United Nations, 1 Dag Hammarskjold Plaza 885
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`Second Avenue, New York, New York 10017.
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`Case 7:20-cv-03124-CS Document 31 Filed 10/01/20 Page 4 of 33
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`JURISDICTION AND VENUE
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`15.
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`Article III, Section 2 of the United States Constitution extends the judicial power of
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`federal courts to “all Cases … between a State, or the Citizens thereof, and foreign States.”
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`16.
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`This Court has jurisdiction of this matter under 28 U.S.C. §1330, which provides for
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`jurisdiction over foreign states.
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`17.
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`The International Organizations Immunities Act [Public Law 79-291] (“IOIA”) is a
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`United States federal law enacted in 19451. Congress enacted the IOIA to provide certain
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`privileges and immunities to international organizations, their officers, and employees. See Pub.
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`L. No. 79-291, 59 Stat. 669 (22 U.S.C. 288, et seq.).
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`18.
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`IOIA defines “international organization” as “a public international organization in which
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`the United States participates” pursuant to a treaty or an Act of Congress, and which is
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`designated by the President in an Executive Order “as being entitled to enjoy the privileges,
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`exemptions, and immunities” provided by the Act. 22 U.S.C.288; see, e.g., Exec. Order No. (EO)
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`9698, 11 Fed. Reg. 1809 (1946).
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`19. WHO is a public international organization entitled to enjoy certain privileges,
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`exemptions, and immunities under the IOIA. [World Health Organization, Ex. Ord. No. 10025,
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`Dec. 30, 1948, 13 F.R. 9361].
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`20.
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`In Jam v. International Finance Corporation, 138 S. Ct. 2026 [2018], the United
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`States Supreme Court ruled that an international organization’s immunity is not absolute, but
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`must be decided with reference to the current law of foreign sovereign immunity.
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`21.
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`In Jam, the United States Supreme Court ruled that like foreign governments,
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`international organizations such as WHO, could be sued under The Foreign Sovereign
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`Immunities Act (FSIA) of 1976.
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`22.
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`FSIA is a United States law, codified at Title 28, §§ 1330, 1332, 1391(f), 1441(d), and
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`1602–1611 of the United States Code, that establishes the limitations as to whether a foreign
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`sovereign nation (or its political subdivisions, agencies, or instrumentalities) may be sued in U.S.
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`federal or state courts.
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`23.
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`This court has subject matter jurisdiction because the WHO has impliedly waived its
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`immunity under FSIA by violating the jus cogens norms of international law condemning human
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`rights health violations in connection with global communicable disease surveillance and
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`governance.
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`24.
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`In the alternative, this Court has jurisdiction over WHO under the tort exception to the
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`FSIA, 28 U.S.C.§ 1605(a)(5), which provides:
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`(a) A foreign state shall not be immune from the jurisdiction of courts of the United States or of
`the States in any case — … (5) not otherwise encompassed by [the commercial activities
`exception], in which money damages are sought against a foreign state for personal injury or
`death, or damage to or loss of property, occurring in the United States and caused by the tortious
`act or omission of that foreign state or of any official or employee of that foreign state while
`acting within the scope of his office or employment.
`25.
`Plaintiffs and the putative Class seek monetary damages against WHO for personal
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`injuries and death or damage to or loss of property, occurring in the United States and caused by
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`the tortious acts or omissions of WHO officials and/or employee within the scope of their office
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`or employment in connection with the Covid-19 pandemic.
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`26.
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`Specifically, for purposes of the non-commercial tort exception of 28 U.S.C. §605(a)(5),
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`each of the counts enumerated below are torts occurring in the County of Westchester, State of
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`New York.
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`27.
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`There is no “discretionary acts” exception to jurisdiction under the FSIA, as WHO has
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`acted clearly contrary to and in violation of conduct prohibited by the tenets of international
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`Case 7:20-cv-03124-CS Document 31 Filed 10/01/20 Page 6 of 33
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`health within the United Nations system, the principles of human rights, universality and equity
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`established in WHO’s Constitution, as well as the ethical standards of the WHO.
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`28.
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`The discretionary function exception does not apply to the claims made herein, because
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`WHO negligently failed to perform its clear duty or to act in accord with specific mandatory
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`directives contained in the International Health Regulations [“IHR”], an instrument of
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`international law that is legally-binding upon WHO and its 194 Member States, including China.
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`29.
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` The IHR grew out of the response to deadly epidemics that once overran Europe. These
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`regulations create rights and obligations for countries, including the requirement to report public
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`health events. The Regulations also outline the criteria to determine whether or not a particular
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`event constitutes a “public health emergency of international concern”.
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`30.
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`This Court has personal jurisdiction over WHO because the torts, harms, and injuries
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`occurred in this District and that WHO otherwise has sufficient contacts in the County of
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`Westchester, State of New York to render the exercise of jurisdiction by this Court permissible.
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`31. Venue is proper in this District pursuant to 28 U.S.C. §1391(b)(2) and (c) because a
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`substantial part of the events or omissions giving rise to Plaintiffs’ claims occurred in this
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`District.
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`GENERAL ALLEGATIONS
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`The World Health Organization
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`32. WHO, founded in 1948, is a specialized agency of the United Nations. As outlined in
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`its constitution, WHO has a broad mandate to “act as the directing and coordinating authority on
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`international health work” within the United Nations system.
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`Case 7:20-cv-03124-CS Document 31 Filed 10/01/20 Page 7 of 33
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`33. WHO's broad mandate includes advocating for universal healthcare, monitoring public
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`health risks, coordinating responses to health emergencies, and promoting human health and well
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`-being.
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`34. WHO was established to provide technical assistance to countries, set international health
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`standards and guidelines, and collect data on global health issues.
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`35.
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`As recently stated by Dr Tedros Adhanom Ghebreyesus, WHO Director-General:
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`“ Health is a human right. No one should get sick or die just because they are poor, or
`because they cannot access the services they need.”
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`36.
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`In 2015, an article in the Journal of Integrative Medical Therapy entitled Why the
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`Corruption of the World Health Organization (WHO) is the Biggest Threat to the World’s Public
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`Health of Our Time, it was observed:
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`“More than half the population on planet Earth is more or less influenced by the advice
`and recommendations given by WHO.”
`[https://www.researchgate.net/publication/281876323_Why_the_Corruption_of_the_World_Hea
`lth_Organization_WHO_is_the_Biggest_Threat_to_the_World's_Public_Health_of_Our_Time].
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`37.
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`Pandemics are unpredictable but recurring events that can have serious consequences for
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`human health and economic well-being worldwide. Advance planning and preparedness to
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`ensure the capacities for pandemic response are critical for countries to mitigate the risk and
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`impact of a pandemic.
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`38.
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`Over the years, the WHO has provided up-to-date evidence-based guidance to support
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`countries to develop pandemic preparedness plans and the capacities to prevent, prepare for and
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`respond to the threat of a pandemic. The international community relies upon the WHO to
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`provide reliable and truthful information.
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`39.
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`For at least the last 25 years, WHO has been criticized as having failed to reasonably and
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`efficiently perform in pandemics.
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`40. WHO’s inadequate and reluctant response to the Aids epidemic led to the launch in 1996
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`of UNAIDS, a separate agency under the UN umbrella, led by Piot. It was not the finest hour for
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`WHO, which still had an HIV department.
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`41.
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`The launch of two major semi-independent campaigning organizations Roll Back
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`Malaria and Stop TB, were also seen as maneuvers to bypass the bureaucracy of the WHO.
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`42. WHO’s reputation became irrefutably damaged during the Ebola epidemic in West
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`Africa (2013–2016), with a general consensus in the global health community that it fell short of
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`its leadership responsibilities.
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`43. WHO failed to take into account the range of factors that contributed to Ebola
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`transmission, and provided an inadequate response to the second wave of the outbreak appearing
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`in May 2014. As WHO has acknowledged, its own shortcomings at this time were numerous:
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`“The initial response was slow and insufficient, we were not aggressive in alerting the
`world, our surge capacity was limited, we did not work effectively in coordination with
`other partners, there were shortcomings in risk communication, and there was confusion
`of role and responsibilities at the three levels [Headquarters, Regional Office and Country
`Offices] of the organization [20, 21].”
`[WHO. 2015 WHO Leadership statement on the Ebola Response and WHO reforms. See
`http://www.who.int/csr/disease/ebola/joint-statement-ebola/en/(accessed 15 May 2016)].
`44
`The U.S. government has long been actively engaged with WHO, providing financial and
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`technical support, as well as participating in its governance structure.
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`45. WHO is financed by contributions from member states and outside donors. As of 2020,
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`the biggest contributor is the United States, which gives over $400 million annually. U.S.
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`contributions to WHO are funded through the U.S. State Department’s account for Contributions
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`to International Organizations (CIO).
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`The Outbreak of COVID-19
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`46.
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`The COVID-19 virus is a new pathogen that is highly contagious, can spread quickly, and
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`must be considered capable of causing enormous health, economic and societal impacts in any
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`setting.
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`47.
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`China’s first confirmed Covid-19 case traced back to November 17, 2019.
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`[South China Morning Press (March 13, 2020), available at:
`ttps://www.scmp.com/news/china/society/article/3074991/coronaviruschinas-first-confirmed-
`covid-19-case-traced-back].
`48. According to a study in The Lancet, the symptom onset date of the first patient identified
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`was “Dec 1, 2019 . . . 5 days after illness onset, his wife, a 53-year-old woman who had no
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`known history of exposure to the market, also presented with pneumonia and was hospitalized in
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`the isolation ward.” In other words, as early as the second week of December, Wuhan doctors
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`were finding cases that indicated the virus was spreading from one human to another.
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`[“Clinical features of patients infected with 2019 novel coronavirus in Wuhan, China,” The
`Lancet (January 24, 2020), available at:
`https://www.thelancet.com/journals/lancet/article/PIIS0140-6736(20)30183-5/fulltext].
`49.
`On December 25: Chinese medical staff in two hospitals in Wuhan are suspected of
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`contracting viral pneumonia and are quarantined. This is additional strong evidence of human-to-
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`human transmission. https://mp.weixin.qq.com/s/IzzCnz4Yr2jEIYZePiu_ow
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`50.
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`Sometime in “Late December”: Wuhan hospitals noticed “an exponential increase” in the
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`number of cases that cannot be linked back to the Huanan Seafood Wholesale Market, according
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`to the New England Journal of Medicine.
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`https://www.nejm.org/doi/10.1056/NEJMoa2001316
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`51.
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`Another emerging theory on the origin of the virus is that it was released from the Wuhan
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`Institute of Virology, which was studying the virus as part of a commercial activity.
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`

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`[Fox News (Apr. 15, 2020), https://www.foxnews.com/politics/coronavirus-wuhan-lab-china-
`compete-ussources].
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`52.
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`According to a study in the Chinese Medical Journal, sometime between December 18
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`and 29, 2019, laboratory testing was being done on patients who exhibited symptoms consistent
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`with COVID-19.
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`[Identification of a novel coronavirus causing severe pneumonia in human:ca descriptive study,”
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`Chinese Medical Journal (February 21, 2010), available at:
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`https://journals.lww.com/cmj/Abstract/publishahead/Identification_of_a_novel
`coronavirus_causing.99423.aspx].
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`53.
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`As early as Dec 27, a Guangzhou-based genomics company had sequenced most of the
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`virus from fluid samples from the lung of a 65-year old deliveryman who worked at the seafood
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`market where many of the first cases emerged. The results showed an alarming similarity to the
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`deadly Sars coronavirus that killed nearly 800 people between 2002 and 2003.
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`https://www.straitstimes.com/asia/east-asia/how-early-signs-of-the-coronavirus-were-spotted-
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`spread-and-throttled-in-china
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`54.
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`On Dec 30, 2019, Li Wenliang sent a message to a group of fellow doctors warning them
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`about a possible outbreak of an illness that resembled severe acute respiratory syndrome (SARS)
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`in Wuhan, Hubei province, China, where he worked. Meant to be a private message, he
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`encouraged them to protect themselves from infection. Days later, he was summoned to the
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`Public Security Bureau in Wuhan and made to sign a statement in which he was accused of
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`making false statements that disturbed the public order.
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`https://www.thelancet.com/journals/lancet/article/PIIS0140-6736(20)30382-2
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`55.
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`On December 30, 2019, the Wuhan Municipal Health Commission released a notice to
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`medical institutions that patients visiting the Wuhan Seafood Market had contracted a
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`pneumonia-like illness.
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`56.
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`The notice warned medical professionals, “Any organizations or individuals are not
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`allowed to release treatment information to the public without authorization.”
`
`[“This Chinese doctor tried to save lives, but was silenced. Now he has coronavirus,” CNN (Feb.
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`4, 2020), available at: https://www.cnn.com/2020/02/03/asia/coronavirus-doctor-whistle-blower-
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`intlhnk/index.html].
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`57. WHO claims that it received its initial notice on December 31, 2019 , when its Country
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`Office in the People’s Republic of China picked up a media statement by the Wuhan Municipal
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`Health Commission from their website on cases of ‘viral pneumonia’ in Wuhan, People’s
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`Republic of China.
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`https://www.who.int/news-room/detail/29-06-2020-covidtimeline
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`58. WHO’S Country Office notified the International Health Regulations (IHR) focal point in
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`the WHO Western Pacific Regional Office about the Wuhan Municipal Health Commission
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`media statement of the cases and provided a translation of it.
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`https://www.who.int/news-room/detail/29-06-2020-covidtimeline
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`59. WHO’S Epidemic Intelligence from Open Sources (EIOS) platform also picked up a
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`media report on ProMED (a program of the International Society for Infectious Diseases) about
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`the same cluster of cases of “pneumonia of unknown cause”, in Wuhan. Several health
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`authorities from around the world contacted WHO seeking additional information.
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`https://www.who.int/news-room/detail/29-06-2020-covidtimeline
`https://promedmail.org/promed-post/?id=6864153%20#COVID
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`

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`60.
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`On December 31, 2019, the Wuhan Municipal Health Commission declared, “The
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`investigation so far has not found any obvious human-to-human transmission and no medical
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`staff infection.” This is the opposite of the belief of the doctors working on patients in Wuhan,
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`and two doctors were already suspected of contracting the virus.
`
`[“Devastating Lies,” National Review (March 23, 2020), available
`at:https://www.nationalreview.com/the-morning-jolt/chinas-devastating-lies/].
`
`61. WHO Disease Outbreak News, dated 5 January 2020 reported:
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`As of 3 January 2020, a total of 44 patients with pneumonia of unknown etiology
`a.
`have been reported to WHO by the national authorities in China. Of the 44 cases
`reported, 11 are severely ill, while the remaining 33 patients are in stable condition.
`According to media reports, the concerned market in Wuhan was closed on 1 January
`2020 for environmental sanitation and disinfection.
`b.
`The causal agent has not yet been identified or confirmed. On 1 January 2020,
`WHO requested further information from national authorities to assess the risk.
`c.
`According to the authorities, some patients were operating dealers or vendors in
`the Huanan Seafood market. Based on the preliminary information from the Chinese
`investigation team, no evidence of significant human-to-human transmission and no
`health care worker infections have been reported.
`d.
`WHO advises against the application of any travel or trade restrictions on China
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`based on the current information available on this event.
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`https://www.who.int/csr/don/05-january-2020-pneumonia-of-unkown-cause-china/en/
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`62 When China did inform WHO of the disease, Chinese authorities allegedly denied
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`human-to-human transmission, despite having significant evidence to the contrary.
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`63. WHO had actual or constructive notice that China was wrongfully denying or
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`downplaying the risk of human-to-human transmission in the critical weeks while the virus was
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`first spreading.
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`

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`64. WHO negligently ignored warnings from Taiwan and Hong Kong about the risk of
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`human-to-human transmission and then falsely claimed for weeks that Chinese researchers found
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`“no evidence” of that happening.
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`65.
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`From the early stages of the outbreak WHO, under Director-General Tedros’ leadership,
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`parroted and upheld as inviolable truth, statements from the Chinese government. An
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`examination of WHO’S public statements, including the praise heaped on the CCP’s handling of
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`the pandemic, reveal a disturbing willingness to ignore science and alternative credible sources.
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`66.
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`According to the New York Times, approximately 175,000 individuals left Wuhan on
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`January 1st alone, to travel for the Lunar New Year.
`
`[“How the Virus Got Out,” The New York Times (Mar. 22, 2020), available at:
`https://www.nytimes.com/interactive/2020/03/22/world/coronavirusspread.html?action=click&m
`odule=Spotlight&pgtype=Homepage].
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`67.
`
` According to the Wall Street Journal, China “went ahead with New Year celebrations
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`despite the risk of wider infections” and let “some five million people leave Wuhan without
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`screening.”
`
`[“How It All Started: China’s Early Coronavirus Missteps,” The Wall Street Journal (Mar. 6,
`2020), available at: https://www.wsj.com/articles/how-it-allstarted-chinas-early-coronavirus-
`missteps-11583508932].
`
`68.
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`On January 2, 2020, the Wuhan Institute of Virology completed mapped the genome of
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`the virus. The Chinese government would not announce that breakthrough for another week.
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`https://www.wsj.com/articles/how-it-all-started-chinas-early-coronavirus-missteps-11583508932
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`69.
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`On January 3, 2020, “China’s National Health Commission (NHC), the nation’s top
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`health authority, ordered institutions not to publish any information related to the unknown
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`disease, and ordered labs to transfer any samples they had to designated testing institutions, or to
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`destroy them.”
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`

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`Case 7:20-cv-03124-CS Document 31 Filed 10/01/20 Page 14 of 33
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`[“How early signs of the coronavirus were spotted, spread and throttled in China,” The Strait
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`Times (Feb. 28, 2020), available at:
`
`[https://www.straitstimes.com/asia/east-asia/how-early-signs-of-thecoronavirus-were-spotted-
`spread-and-throttled-in-china.]
`
`70.
`
`On January 3, 2020 roughly one month after the first cases in Wuhan, the United States
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`government was notified. Robert Redfield, the director of the Centers for Disease Control and
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`Prevention, received initial reports about a new coronavirus from Chinese colleagues, according
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`to Health and Human Services secretary Alex Azar.
`
`71.
`
`On January 5, 2020, WHO released a statement on its website saying, “Based on the
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`preliminary information from the Chinese investigation team, no evidence of significant human-
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`to-human transmission and no health care worker infections have been reported.”
`
`[“Pneumonia of unknown cause – China,” WHO Disease Outbreak News (Jan.5, 2020), available
`at: https://www.who.int/csr/don/05-january-2020-pneumonia-of-unkown-cause-china/en/]
`
`
`72.
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`The Centers for Disease Control first asked permission to study COVID–19 within China
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`on January 6, 2020 but was barred by the Chinese Government from entering the country until
`
`mid-February. WHO did not intervene.
`
`73.
`
`Chinese authorities did not publicly confirm the outbreak as originating from a novel
`
`coronavirus until January 9, 2020, despite having a mapping of its genome and other details
`
`showing that it was a new virus.
`
`74.
`
`Prior to January 9, 2020, the WHO had actual and/or constructive knowledge that a
`
`mapping of its genome demonstrated that the outbreak originated from a new novel coronavirus.
`
`75.
`
`On January 10, 2020, Chinese officials announced the first known death from the new
`
`coronavirus. The commission advised that there is no evidence that the virus can be spread
`
`between humans.
`
`

`

`Case 7:20-cv-03124-CS Document 31 Filed 10/01/20 Page 15 of 33
`
`76.
`
`It was not until January 12, 2020 that Chinese authorities and the WHO shared the
`
`genetic sequence of COVID-19 with the international community.
`
`[“How It All Started: China’s Early Coronavirus Missteps,” The Wall Street Journal (Mar. 6,
`2020), available at: https://www.wsj.com/articles/how-it-allstarted-chinas-early-coronavirus-
`missteps-11583508932].
`
`77.
`
`On January 13, 2020 WHO Officials confirmed a case of COVID-19 in Thailand, the first
`
`recorded case outside of China.
`
`78.
`
`On January 14, 2020, WHO’s statement on Twitter echoed China’s assessment:
`
`“Preliminary investigations conducted by the Chinese authorities have found no clear
`evidence of human-to-human transmission of the novel coronavirus (2019-nCoV)
`identified in Wuhan, China.”
`
`
`https://twitter.com/WHO/status/1217043229427761152?ref_src=twsrc%5Etfw%7Ctwcamp%5Et
`weetembed&ref_url=https%3A%2F%2Fwww.foxnews.com%2Fworld%2Fworld-health-
`organization-january-tweet-china-human-transmission-coronavirus
`
`79.
`
`On January 20, 2020, the United States announced its first case of COVID-19.
`
`According to the WHO website:
`
`“On 20-21 January 2020, a World Health Organization (WHO) delegation conducted a
`field visit to Wuhan to learn about the response to 2019 novel coronavirus (2019-nCOV).
`The mission was part of the on-going close collaboration between WHO and Chinese
`national, provincial, and Wuhan health authorities in responding to 2019-nCoV.”
`
`80.
`
`
`
`
`“…Data collected through detailed epidemiological investigation and through the
`deployment of the new test kit nationally suggests that human-to-human transmission is
`taking place in Wuhan. More analysis of the epidemiological data is needed to understand
`the full extent of human-to-human transmission. WHO stands ready to provide support to
`China to conduct further detailed analysis. ”
`https://www.who.int/china/news/detail/22-01-2020-field-visit-wuhan-china-jan-2020
`
`81.
`
`On January 22, 2020, the WHO mission to China issued a statement saying that there was
`
`evidence of human-to-human transmission in Wuhan, but more investigation was needed to
`
`understand the full extent of transmission.
`
`

`

`Case 7:20-cv-03124-CS Document 31 Filed 10/01/20 Page 16 of 33
`
`82.
`
`From January 22nd to 23rd, the WHO Director- General convened an Emergency
`
`Committee under the International Health Regulations (IHR 2005) to assess whether the
`
`outbreak constituted a public health emergency of international concern. No consensus could be
`
`reached based on the evidence available at the time.
`
`83.
`
`On January 28, 2020, a senior WHO delegation led by the Director-General [Dr. Tedros]
`
`travelled to Beijing to meet China’s leadership, learn more about China’s response, and to offer
`
`any technical assistance. While in Beijing, Dr. Tedros agreed with Chinese government leaders
`
`that an international team of leading scientists would travel to China on a mission to better
`
`understand the context, the overall response, and exchange information and experience.
`
`84.
`
`On January 29, 2020, addressing journalists at a press conference in Geneva, the
`
`Director-General of the WHO thanked the Chinese government for the extraordinary steps it had
`
`taken to prevent the spread of the new coronavirus:
`
`“the level of commitment (of the leadership) in China is incredible; I will praise China
`again and again, because its actions actually helped in reducing the spread of the novel
`coronavirus to other countries ... we shall tell the truth and that's the truth.
`[https://www.globaltimes.cn/content/1177965.shtml].
`
`85.
`
`On January 30, 2020, the WHO declared that the outbreak of COVID-19 constituted a
`
`Public Health Emergency of International Concern (PHEIC). WHO did not recommend any
`
`travel or trade restriction.
`
`86.
`
`COVID-19 is the 6th time the WHO has declared a PHEIC since the International Health
`
`Regulations (IHR) came into force in 2005.
`
`87.
`
`On February 2, 2020, the Trump administration suspended entry into the United States of
`
`“immigrants or nonimmigrants, of all aliens who were physically present within the People’s
`
`Republic of China.”
`
`

`

`Case 7:20-cv-03124-CS Document 31 Filed 10/01/20 Page 17 of 33
`
`88.
`
`On March 11, 2020, the WHO made the assessment that COVID-19 can be characterized
`
`as a pandemic.
`
`89.
`
`Between December 2019 and March 11, 2020, when the COVID-19 outbreak was
`
`declared a pandemic, WHO negligently and recklessly failed to understand, discover, manage
`
`and accurately disclose critical information about the coronavirus and its devastating medical and
`
`economic effects to its member nations.
`
`90. WHO had actual and/or constructive knowledge that the Chinese government intimidated
`
`doctors, scientists, journalists, and lawyers and ordered the destruction of medical testing and
`
`data relating to Covid-19.
`
`91. WHO had actual and/or constructive knowledge that the Chinese government failed to
`
`timely report the COVID-19 outbreak, under reported the severity of the virus, underreported the
`
`deaths caused by COVID-19, and failed to properly contain the outbreak.
`
`92. WHO negligently and recklessly failed to timely declare the COVID-19 outbreak as a
`
`pandemic, even though it had met the criteria of transmission between people, high fatality rates
`
`and worldwide spread.
`
`93. When the U.S. took a critical step to stop the coronavirus at U.S. borders by issuing a
`
`travel ban as early as January 31,2020, the WHO admonished the Trump Administration that
`
`widespread travel bans and restrictions were not needed to stop the outbreak and could “have the
`
`effect of increasing fear and stigma, with little public health benefit.”
`
`94.
`
` WHO officials also warned that interfering with transportation and trade could harm
`
`efforts to address the crisis and advised other countries not to follow the U.S. lead.
`
`95.
`
`As the sole and purportedly impartial entity charged with acquiring the greatest
`
`knowledge of COVID-19 circumstances in China, WHO negligently failed to further enhance the
`
`

`

`Case 7:20-cv-03124-CS Document 31 Filed 10/01/20 Page 18 of 33
`
`systematic and real-time sharing of epidemiol