New York workers must get flu shot, for now, judge rules

Melanie A. Staley
October 15, 2009
10:25pm

Richard Daines, New York State Health Commissioner, is mandating that all health workers be vaccinated for both the seasonal flu strain and H1N1 with the reasoning that the welfare of patients is of utmost importance. If workers do not comply with the mandate, they may lose their jobs. One nurse, Sue Field, is taking legal action against this mandate, saying that it is too narrow and too flawed, with the only exception being if the individual has conflicting health issues. Field received a note from her doctor saying that she experienced side effects from the 2007 seasonal flu vaccine, but because the side effects are not considered severe, the Health Department does not feel it is sufficient cause for exemption. Field, with the support of the New York State Nurses Association, has requested a restraining order against the mandate. Judge Marilyn Diamond refused to issue the order, but has planned to hear further arguments next week.

New York is the only state in the United States to have issued a mandate like this one. Globally, neither the CDC nor the WHO have issued mandates requiring immunization of staff against any flu strain, and no nations have been reported as doing so. New York seems to be the only one taking such extremes to protect its health workers. Most federal officials have ensured that these individuals are first in line for the vaccine, but I think that mandating their vaccination would cause quite a bit of controversy, just as it is doing in New York. I honestly don't think that Daines has the authority to fire individuals for refusing the vaccine ( or shouldn't have the right), especially if they are doing so with their personal health and safety in mind. I agree with Field, that it should be a legal decision.

Link: http://www.cnn.com/2009/HEALTH/10/14/new.york.vaccine.mandate/index.html