A temporary injuction

by SophiaZoe on October 16, 2009

Nurses and doctors have won a victory in their battle for their “right” to infect patients with easily prevented pandemic influenza.

Judge Halts Flu Vaccine Mandate For Health Workers

[ Excerpt]
New York Health Care Employees Won’t Be Forced To Get H1N1 Vaccine…For Now
Health care workers in New York will no longer be forced to get the H1N1 swine flu vaccine, CBS 2 has learned.

A state Supreme Court judge issued a restraining order Friday against the state from enforcing the controversial mandatory vaccination.

The order came as the Public Employees Federation sued to reverse a policy requiring vaccination against the seasonal and swine flu viruses, arguing that state Health Commissioner Richard Daines overstepped his authority.

Three parties – the Public Employees Federaion, New York State United Teachers, and an attorney representing four Albany nurses – challenged the order and for now the vaccination for nurses, doctors, aides, and non-medical staff members who might be in a patient’s room will remain voluntary.

I can only hope that this is not only a temporary victory, but also very short lived.  I can hardly imagine being so selfish and self-centered, to say nothing of short-sighted.

{ 3 comments }

1

D 10.17.09 at 1:10 pm

This law is for the seasonal vaccine FYI.

2

SophiaZoe 10.17.09 at 1:34 pm

@D,

The verbiage of the news items does not indicate that it is only for the seasonal vaccine, however, I have to admit I have not read the actual code of law.

A state Supreme Court judge issued a restraining order Friday against the state from enforcing the controversial mandatory vaccination.

The order came as the Public Employees Federation sued to reverse a policy requiring vaccination against the seasonal and swine flu viruses, arguing that state Health Commissioner Richard Daines overstepped his authority.

I would have to assume that if the law were so specific as to state “seasonal influenza” then the lawyers would not have had to seek the injunction enjoining its requirement for the PanFlu vax. Laws can be either too specific or too broad but, generally, lawmakers do not fall into the “too specific” trap very often. In this case, why would there be a distinction codified between “seasonal” and “pandemic” versions of influenza vaccination?

3

Walt 10.24.09 at 4:25 pm

Well, to deal with those who insist on asserting their “right to infect” (as you say), NY medical centers may want to institute a similar policy to that being used at UCSF medical center. Vaccinations against both the seasonal and H1N1 flu are voluntary. Those receiving the vaccination receive a sticker on their ID badge indicating vaccination. Those who opt out sign a waiver and agree to wear an N95 respirator in any patient care area, with enforcement based on ID identification.

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