Three New York men sue the WHO for 'incalculable' damages over its response to the coronavirus pandemic and accuse it of a cover up with China

Three New York men are suing the World Health Organization for 'incalculable' damages over its response to the coronavirus pandemic. 

In a proposed class action, the residents of Westchester County accuse the WHO of a cover up with China and failing to quickly declare a pandemic. 

The lawsuit by Richard Kling and Steve Rotker, both of New Rochelle, and Gennaro Purchia, of Scarsdale, was filed in the federal court in White Plains, New York.

It seeks unspecified damages for what they called WHO's 'incalculable' harm to the roughly 756,000 adult residents in Westchester County who would make up the class. 

Westchester county was one of the earliest U.S. hot spots for the coronavirus and the men have accused the health body of gross negligence in covering up and responding to the COVID-19 pandemic.

The three men also accuse the WHO of failing monitor China's response to the original outbreak, provide treatment guidelines, advise members on how to respond including through travel restrictions, and coordinate a global response.

WHO director-general, Tedros Adhanom Ghebreyesus, has defended the agency's handling of the pandemic, saying the WHO had kept the world informed about the coronavirus

 Chinese President Xi Jinping is pictured. The three men accuse the WHO of conspiring with China's government, which was not named as a defendant, to cover up COVID-19's severity

They also accused the WHO of conspiring with China's government, which was not named as a defendant, to cover up COVID-19's severity. 

'The Chinese government and the WHO intentionally misled the international community, including the named Plaintiffs, about the coronavirus and its devastating medical and economic effects', according to the lawsuit. 

The WHO did not immediately respond to requests for comment.

Its director-general, Tedros Adhanom Ghebreyesus, has defended the agency's handling of the pandemic, saying the WHO had kept the world informed about the coronavirus. He has also called for global unity to fight the pandemic. 

President Donald Trump has repeatedly complained about its alleged mismanagement, cover-up and missteps. 

He announced a decision to halt funding for the U.N. agency earlier this month; congress controls the funds. 

U.S. Army Spc. Reagan Long from the New York Army National Guard alongside Pfc. Naomi Velez from the 42nd Infantry Division, register people at a coronavirus disease (COVID-19) Mobile Testing Center in Glenn Island Park, New Rochelle, March 14

New Rochelle became a coronavirus hot spot after a lawyer who attended the Young Israel of New Rochelle synagogue was diagnosed with COVID-19 on March 2, the first person in the community to test positive

Chimène Keitner, an international law professor at the University of California, Hastings College of the Law in San Francisco, said the lawsuit will likely be dismissed because U.S. law affords the WHO 'functional immunity' from such cases.

She also said the complaint did not detail the alleged harm suffered by the individual plaintiffs, or show what legal duty the WHO owed to them.

Lawyers for the plaintiffs did not immediately respond to requests for comment.

China itself also faces multiple private lawsuits in the United States seeking damages related to the pandemic.

The state of Missouri filed a lawsuit Tuesday against the Chinese government over the coronavirus, alleging that nation's officials are to blame for the global pandemic.

The lawsuit, filed in federal court by the state's top lawyer, alleges Chinese officials are 'responsible for the enormous death, suffering, and economic losses they inflicted on the world, including Missourians.'

'The Chinese government lied to the world about the danger and contagious nature of COVID-19, silenced whistleblowers, and did little to stop the spread of the disease,' Republican Attorney General Eric Schmitt said in a written statement. 'They must be held accountable for their actions.' 

New Rochelle became a coronavirus hot spot after a lawyer who attended the Young Israel of New Rochelle synagogue was diagnosed with COVID-19 on March 2, the first person in the community to test positive. 

As of Tuesday there were more than 24,000 confirmed cases of the virus in Westchester county; 809 people had died. 

The number of total hospitalizations for COVID-19 and the daily death toll have fallen in recent days, New York Governor Andrew Cuomo said on Monday.

The case is Kling et al v World Health Organization, U.S. District Court, Southern District of New York, No. 20-03124.