Judge Stops Mandatory Flu Shots In NYS

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A New York State judge has granted a temporary halt to mandatory flu shots for all health care workers:

http://cityroom.blogs.nytimes.com/2009/10/16/judge-halts-mandatory-flu-vaccines-for-health-care-workers/?hp

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New York Health Care Employees Won't Be Forced To Get H1N1 Vaccine...For Now

http://wcbstv.com/breakingnewsalerts/mandatory.h1n1.vaccine.2.1252672.html

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Specializes in Education, FP, LNC, Forensics, ED, OB.

Threads merged.

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Quote from the link in the first post -

Dr. Daines later explained the reasoning behind the vaccine, saying in a statement on Sept. 24:

Questions about safety and claims of personal preference are understandable. Given the outstanding efficacy and safety record of approved influenza vaccines, our overriding concern then, as health care workers, should be the interests of our patients, not our own sensibilities about mandates. On this, the facts are very clear: the welfare of patients is, without any doubt, best served by the very high rates of staff immunity that can only be achieved with mandatory influenza vaccination - not the 40-50 percent rates of staff immunization historically achieved with even the most vigorous of voluntary programs. Under voluntary standards, institutional outbreaks occur every flu season. Medical literature convincingly demonstrates that high levels of staff immunity confer protection on those patients who cannot be or have not been effectively vaccinated themselves, while also allowing the institution to remain more fully staffed.

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That's a shame.

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Specializes in ED.
That's a shame.

It's not a shame, it was an excellent decision. The New York Health Dept. made an extremely legally suspect move by issuing a mandatory inoculation on people without going through the proper process. The department completely ignored the way that rules are normally passed when making this mandate. This decision does not void the rule, it is only a temporary restraining order. This gives the nurses their statutory right to be heard and voice their side of the argument; a right that was legally entitled to them before rule was promulgated, and one that the Dept. of Health ignored. This allows both the nurses and the government to present their case before a neutral party. Why is that a shame?

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Specializes in Oncology.

Now that everyone has already been vaccinated...

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It's not a shame, it was an excellent decision. The New York Health Dept. made an extremely legally suspect move by issuing a mandatory inoculation on people without going through the proper process. The department completely ignored the way that rules are normally passed when making this mandate. This decision does not void the rule, it is only a temporary restraining order. This gives the nurses their statutory right to be heard and voice their side of the argument; a right that was legally entitled to them before rule was promulgated, and one that the Dept. of Health ignored. This allows both the nurses and the government to present their case before a neutral party. Why is that a shame?

It's a shame because NYS DOH has the right and responsibility to protect the public health.

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Specializes in PACU, ICU,UTIL.REVIEW,INFECT.CONTROL.

i thank god!!! finally a judge who upholds the rights of citizen freedom in this rapidly changing country which is granting rights to those the rights were never intended for-yet yanking the carpet beneath citizens. temporary halt to the madness yes but i'm very glad for the halt. kudos to the judge!!!

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Re: Judge Stops Mandatory Flu Shots In NYS Originally Posted by MikeyBSN viewpost.gif

It's not a shame, it was an excellent decision. The New York Health Dept. made an extremely legally suspect move by issuing a mandatory inoculation on people without going through the proper process. The department completely ignored the way that rules are normally passed when making this mandate. This decision does not void the rule, it is only a temporary restraining order. This gives the nurses their statutory right to be heard and voice their side of the argument; a right that was legally entitled to them before rule was promulgated, and one that the Dept. of Health ignored. This allows both the nurses and the government to present their case before a neutral party. Why is that a shame?

It's a shame because NYS DOH has the right and responsibility to protect the public health.

Every nurse in New York has rights and responsibilities, too. They each have a right and a responsibility to quit their jobs if they don't believe the NY DOH decisions about mandatory vaccinations are based on sound public health policy.

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