New York City can’t require preschoolers in city-regulated daycares to get a flu shot, a state judge ruled in a decision published early Thursday.
In blocking a 2013 city Department of Health and Mental Hygiene rule, state Supreme Court Justice Manuel Mendez sided with a group of mothers who sued last month, arguing that only the state Legislature has the authority to require certain immunizations.
“Until that right is taken away, it remains in the hands of the parents,” the mothers’ attorney, Aaron Siri, said of the decision to immunize a child against influenza.
City health officials said they would appeal.
“I am extremely disappointed by today’s decision,” said Health Commissioner Dr. Mary Bassett. “The vaccination requirement will save lives.”
The rule, passed by the Board of Health in the final days of former Mayor Michael Bloomberg’s administration, required more than 100,000 children between 6 and 59 months who attend city-regulated, nonfamily daycare facilities to get a flu shot each year.
Under the rule, principals and daycare operators could refuse children who could not document they were vaccinated and, beginning next month, those operators could be fined between $200 and $2,000 for not following the rule.
About 20,000 children under 5 years old are hospitalized every year because of complications from the flu and children younger than 2 years old most commonly suffer such complications, according to the federal Centers for Disease Control and Prevention. New Jersey and Connecticut have also required that children between 6 months and 5 years be vaccinated against the flu.
Mendez ruled that only elected officials have the power to order vaccinations other than the 11 already explicitly required by the state public health law.
Michelle Carroll, one of the mothers who sued to stop the flu vaccine, said the decision to give a child a flu shot should be left up to the parent and the pediatrician.
“I just think it’s important for people to remember that vaccines are drugs and just like any other drug, not every vaccine is going to be right for every single child,” she said.
But Dr. Tom Farley, Bloomberg’s former health commissioner, said the rule was intended not just to protect children from the flu — but also to prevent it from spreading.
“Of all the infectious diseases that are out there, influenza is either the worst or close to the worst,” he said. “This ruling really interferes with the Board Of Health’s responsibility to protect everyone’s health in New York City.”
(AP)
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9 Responses
Yes, the parents should be entitled to make the decision but their decision should not be allowed to jeopardize my yinglach. Only after a few of these anti-vaccine parents’ kids die of the flu will they get the message. in the interim, keep them out of publicly-funded pre-schools.
Thousands of Americans die from influenza each year. The number will increase as the result of this decision.
As a mother who had to fight the school on this issue I am so glad to hear this!! I have heard a dozen too many horror stories of children sickened- one paralyzed- from a routine flu shot. Most of the flu deaths statistics are skewed by the drug industry that makes billions yearly from vaccinations, even when they don’t work, like last year when it was about 10% effective. That same industry downplays the dangers, pretends side effects are “rare” and unusual, while in truth many people suffer from the shot. I know so many people whose children got sick just days after the shot with flu like symptoms. And calling flu ” one of the worst diseases out there” is just plain silly. Oh, and it’s not the board of health responsibility to keep everyone healthy- that’s up to themselves, their parents and doctors, and of course hashem.
The article by citing how dangerous the flu can be is misleading. The flu vaccine is different than most other vaccines. It is always a guessing game which flu strain to include in that year’s vaccine. There is no probability that they get it right in any given year.
Thank you #1! What is the prbability of them getting it right this year? Did they ever get it right in the previous years?
sariray and pray4all – you are 1000% right. I am not belittling the concern of parents expressing their worries, but they apply to supporting the MMR shots and that ilk – – the flu strain morphs at least twice every winter. All this campaign will accomplish by and large, is contribute to creating flu viruses that are more and more immune to the inoculations. Super bugs as they are called, and there is plenty of evidence to prove the very low efficacy of these inoculations, and the very high incidents of secondary flu and other side effects. The informed person should realize that the duty of the municipality would be better served in educating and reinforcing families regarding hygiene and building one’s child’s immune system the way Hashem imbued nature to do it, including diet, sleep, cleanliness, and natural immune boosting supplements. In my opinion, same goes for chicken pox— unless a child has reached about age 14 and not yet caught it. AND this is top of what should be legislated: DO NOT SEND YOUR DARLING CHILD TO DAYCARE/PRESCHOOL/ GRADE SCHOOL if they have fever, glazed eyes, hacking cough and sneezing, goopy nose, that whole nine yards!!!! That is what is unkind to to other families! I believe it’s maybe a good idea to (1) penalize a parent who does so, with some kind of fine or mandatory removal of child from a program for X amount of time; and (2)Make it unlawful for employer of a parent who has no choice but to keep this sick child home a day or two, not to lose salary (provided proper documentation). Who’s on board with this?
Hmmmm… Undisputed science observes that the vaccine is of net benefit to the public health. However, a particular dose of this vaccine (unlike others) is far more likely to significantly discomfort the recipient than it is to prevent serious illness in the recipient or others. While parents should have the right to make the selfish decision, they should also the common sense to at least be embarrassed of their selfishness.
Obviously, this doesn’t apply to the much more important MMR vaccine. Even an idiot wouldn’t confuse that, right?
I give my children all vaccines- I’m not anti vaccines I believe they do save lives. The flu vaccine however is notorious for its safety record and also for being not highly effective. So why take a risk for relatively little gain? the multi dose vial still contains the highly debated thimerasol from Mercury, an immune suppressant and neurological disrupter. All this for last years 10% effectiveness is just a joke. That means most people who got the shot STILL got the flu if they were exposed. So my kid not getting the shot made no difference. Except for my kid, of course, who probably stayed healthier.
They assault our children with too many vaccines by the time they go to school. I have no problem vaccinating, but they need to be spread out more, and unnecessary ones like flu, need to be taken off the list. It’s a very big business.