Personal Injury Law

New York State: Be Vaccinated Or Be Fired

By Jane Akre

November 30 Deadline

Workers in New York State say they will fight a mandate that health care professionals be vaccinated against influenza, both seasonal and the swine flu, by November 30th.

In August, the New York Department of Health decided that vaccination was mandatory or doctors, nurses, or health care providers, or they would be fired. The requirement applies to all workers who "could potentially expose patients" to influenza.

A rally planned in Albany Tuesday, is underway by those who believe that the regulation violates their personal freedom and leaves them vulnerable to vaccine injury, reports Newsday.

Tara Accavallo, a registered nurse on Long Island, told Newsday. "If something happens to me, if I get seriously injured from this vaccine, who's going to help me?"

Vaccine Maker Immunity

The 2006 Public Readiness and Emergency Preparedness Act (PREP Act) allows the Department of Health and Human Services Secretary to invoke complete immunity for manufacturers of vaccines and drugs in a public health emergency. PREP Act removes the right to a trial by jury, unless the plaintiff can prove that there was willful misconduct that resulted in death or serious injury. DHHS Secretary must give permission to sue.

CBS News reporter Declan McCullagh asks "Under what circumstances can government officials order mandatory vaccination? And could the general public be ordered to roll up their sleeves for injections, even if there might be side effects beyond a sore arm or mild fever?"

In 1976, a federal swine-flu vaccination program resulted in several deaths and Guillain Barre Syndrome, a nerve-damaging disorder. It was halted two months after it began.

Several registered nurses say they already fight the flu by constantly washing their hands while on the job.

Union Disagrees

The union representing 9,000 health care workers, Public Employees Federation, disapproves of the mandatory vaccination program and provides Talking Points on its Web site. Among them - that the vaccine has not been fully tested and that emergency rule making did not allow for public comment.

At the same time it is telling members to comply.

There is no religious or philosophical exemption to the Department of Health regulation.

So far, New York State stands alone in the requirement that health care workers be vaccinated, but other states are considering a mandate. In a letter last week, Commissioner Richard Daines said the mandatory flu vaccine is in the best interest of patients and workers.

The CDC expects about 120 doses of swine flu vaccine to be ready in October. #

Full post as published by InjuryBoard on September 29, 2009 (boomark / email).