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Kelly Carijen, a former high-earning employee of clinical research firm Parexel International, has filed a lawsuit in Massachusetts state court alleging that the company's COVID-19 vaccine mandate violated her rights to informed consent and breached her employment contract. The complaint, filed Friday in Middlesex County Superior Court, seeks at least $1 million in damages from Parexel, its vaccine compliance partner Sterling Check, and Sterling’s new owner, First Advantage Corp..

Claims Against Vaccine Mandate

Carijen, who worked for Parexel until December 2021, contends that the vaccine requirement imposed in November 2021 constituted an unnegotiated change to her employment terms. She alleges that the mandate forced employees to take what she describes as an "experimental medical treatment" without the option of informed consent.

The complaint further accuses Parexel of overstepping by allegedly “practicing medicine” and making medical decisions for employees without proper authority or disclosing sufficient information about vaccine risks and benefits.

Conflict of Interest Allegations

Carijen also alleges a conflict of interest in Parexel’s decision, pointing to the company's involvement in managing clinical trials for Pfizer Inc., one of the manufacturers of FDA-authorized COVID-19 vaccines. She claims Parexel acted in bad faith by imposing the vaccine requirement and retaliated against employees who refused to comply.

After refusing to disclose her vaccination status—behavior the company interpreted as noncompliance—Carijen was terminated on Dec. 1, 2021, according to the suit.

Legal Theories and Emerging Arguments

Carijen’s legal team, led by Patricia Finn, argues that the vaccine mandate breached implied contractual obligations of good faith and fair dealing and Parexel’s own code of business conduct and ethics, which she claims require fairness and respect for employees’ beliefs. The complaint also references the Nuremberg Code, an international ethical guideline established after World War II to prevent involuntary medical experimentation.

Although courts have dismissed similar claims in other cases, Finn remains optimistic, stating:
"We expect great success with the case and many others like this."

Allegations Against Sterling Check and First Advantage

The lawsuit accuses Sterling Check, which Parexel hired to administer its vaccine compliance program, of interfering in Carijen’s employment by reporting her vaccine status to Parexel. Carijen also alleges Sterling and Parexel conspired to coerce employees into vaccination without sufficient disclosure of risks.

Sterling was acquired by First Advantage for $2.2 billion in October, and the lawsuit names the new parent company as a defendant.

Context and Industry Impact

Carijen’s lawsuit comes amid a broader wave of legal challenges to vaccine mandates, including cases brought by Rutgers University students and a New York City police officer. Courts have typically deemed these cases moot as vaccine requirements were lifted post-pandemic. The Centers for Disease Control and Prevention (CDC) maintains that FDA-authorized COVID-19 vaccines are safe, effective, and that serious side effects are rare.

Legal Representation

Carijen is represented by Patrick K. Daubert of Daubert Law PLLC, Patricia Finn of Patricia Finn Attorney PC, and Austin Carr of Austin Carr PA. Counsel information for Parexel, Sterling, and First Advantage was not immediately available.