Held Down and Forced to Take The FLu Shot

Nurses General Nursing

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Allright guys, here is my problem:

My mom works as a CNA?CMA in a nursing home. The nursing home is forcing people to take flu shots this year. My mom has never taken a flu shot, she is just a strong believer in not taking it. She knows that I think this is a stupid attidute, but I also respect her right to say no to the shot.

After about a month of trying to bully people into taking thier flu shots with saying that people won't get their pay check, etc. After a couple of calls to the labor board that got fixed pretty fast.

So here is their new tactict: Call people into their office, physically hold them down, and give them the shot.

Of course my mom is terrified. My advice to her was this: As soon as one of the administrators touches her to try to hold her down I told her to call 911. I told her to be sure to let them know that if they try to physically force her to take the flu shot. If they as much as touch her to try to hold her down to take that damn thing she will call 911 and press assault and battery charges against them. I told her to let them know that they have 3 options:

A: Leave me alone, I'll sign a paper that you offered it and I declined.

B: Fire me and we will take the legal route for wrongfull termination.

C: Touch me, give me the shot and I will call 911 and press charges.

So fire away and give me your opinion. What can she do?

Specializes in Trauma ICU,ER,ACLS/BLS instructor.
I think you misunderstood my post. I do believe the OP. I have no reason not to, and their previous posts do not point to someone who would be dishonest. When I say I hope it's being exaggerated, it is because I can't wrap my mind around anyone doing something like this. That these employees would have to be put in this position, threatened and then assaulted, is horrifying.

My mistake,sorry!

Innocent until proven guilty? I think she's telling the truth personally but if you don't think she is then what difference does it really make? If you're that concerned about it, grill her and see if you can justify the accusation.

Specializes in Operating Room Nursing.

Look personally i find it very hard to believe. I can't see people actually physically holding someone down to give them a flu injection.

I do apologize for making fun earlier about the 'assault with a deadly weapon' comment but at the time i found it was a bit blown out of proportion.

Allright guys, here is my problem:

My mom works as a CNA?CMA in a nursing home. The nursing home is forcing people to take flu shots this year.

I am a nurse (18 years) getting my bachelor's in legal studies. It is indeed battery and against your liberty rights as stated in the due process clause in the US Constitution. One of our unenumerated rights is the right to refuse medical treatment. That is not even medical treatment! I was stuck with a needle once from a combative patient. I was instructed to go to the clinic. They insisted I should get a tetorifice shot, and I have never been the same since. Muscle pain and spasms have been a part of my life since. I am not sure if it was the tetorifice, or the mercury. If one does not shake the bottle, you get a large amount of mercury (thermasol).

I refuse the flu shot every year because I have chronic mono (chronic Epstein Barr) and do not want to jeopardise my health. I take Vitamin C and get the flu seldom and way less than those who get the shot at work.

This is not legal advise, but one could consult with a lawyer and find out one could also sue for punitive damages and emotional distress.

Specializes in NICU.
Didn't this happen in the Holocaust; where even some of the Germans had to make choices to stay away from or mistreat their Jewish friends in order to ensure the survival of their own families?

Wow, Godwin's Law even applies on allnurses.com. Good to know.

So wait, I'm just trying to figure out the mechanics of this. I can say that if someone was trying to restrain me, at 5'4 and 135 (really, I promise) they'd have to have at least three people (one on each arm, one for the legs - minimum) plus someone giving me the shot. How many people are involved in this nefarious scheme?

Restraint isn't even necessary for this to be a criminal issue. If they make it known they are refusing the injection, and the nurse continues to advance with a needle at the ready, that's assault. If that nurse proceeds to touch them, it's battery. And it doesn't have to be a full four-point restraint. Holding their arm down to give the shot would constitute that. Hell, I think even blocking their exit would probably be considered false imprisonment, especially given the level of coercion involved.

But I get what you're saying. If someone tried to force something on me, they had better be prepared to fight. However, if these people are being intimidated to the point they won't even consider pressing charges for fear of repercussions, I wonder how much of a fight they'd put up.

Specializes in Med/Surge, Psych, LTC, Home Health.

Count me as another one who is having a hard time believing that this story is completely accurate. I mean, I would have no trouble believing that a facility would try to bully their employees into taking the flu shot. I would have no trouble believing that a facility would threaten employees with suspension or even termination for not getting the flu shot. I'm not saying I SUPPORT those practices... FAR from it... but I could definately see it happening.

But this???????? Very very hard for me to believe that this could happen in a healthcare facility in this country, that is staffed by licensed professionals, AND that is accredited. Very hard for me to believe that not one, but THREE nurses actually got together and thought that this was a good idea. And then... sure, you have employees that may actually put up with this type of treatment for fear of losing their 20-year jobs, retirement benefits, etc... but they are STILL going to go tell other people that this is happening!!!!!!

And this is coming from someone who lives in small town Kentucky; another state that is seen as "third world" by some people. The OP said that her mother lives in small town Oklahoma..... doesn't help to convince me that this isn't some sort of big hoax. I am not saying that the OP is making this up or that her mother is making it up; someone else is making this up and perpetuating it.

Offering some sort of incentive is one thing, but you can't hold anyone's check, and you certainly can't hold anyone down!! In this situation, even if the employee isn't physically restrained but is "held down" by fear- of force, losing a job, not getting paid- I think that would be considered coercion and definitely not legal.

I'd missed this post earlier. But it's dead on.

Specializes in midwifery, NICU.
I'd missed this post earlier. But it's dead on.

Sorry, this is way off post! but Emmanuel..I just tuned in after a nightshift, and am LMAO at your expression! i work with a good few Irish nurses, and their always saying "dead on!" Just tickled me for a spaced, post nightshift minute!!:lol2::lol2::lol2:

YOu would be surprised of what happens in LTC facilities....but then again, maybe not. I'm kinda betting this person is telling the truth. I'd love to be the person that they were trying to give the flu shot to. I'd be kicking and screaming and calling 911.

Anywho...We need an update.

I'm sure the state health department should be involved to. If they are trying to do this to the employess, what is happening with the residents. High rate of restraints? Catheters? wounds? Hmmm.

What about going up the chain of command? Any higher ups in corportate? I'd be doing much more than letter writing and using the old phone to make a few calls...

Specializes in NICU.

But I get what you're saying. If someone tried to force something on me, they had better be prepared to fight. However, if these people are being intimidated to the point they won't even consider pressing charges for fear of repercussions, I wonder how much of a fight they'd put up.

Well, the OP (and subject line) does say "held down". I feel bad, I'm really not trying to be a beast here, but I'm having some trouble visualizing this occuring as reported.

Specializes in Med/surg,Tele,PACU,ER,ICU,LTAC,HH,Neuro.

I guess we will all be checking this post for the next few days.

AND THE NATIONAL NEWS............

Just in shock.....America.

So BUMP.:smackingf

Enjoy your Veteran's Day and remember that veterans fought to prevent this kind of thing from happening.

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