New York Appeals Court: Federal Government Can Vaccinate Your Children Without Your Consent – Trumps State LawsSubmitted by Scott Gray on Thu, 12/06/2012 - 06:47
The Courthouse News Service is reporting about a case where a public health nurse inoculated kindergartner Madison Parker without her mother’s consent, and against her mother’s wish. The vaccination was Peramivir, in response to the H1N1 flu virus. The mother, Jennifer Parker, sued both the school district and the health department in St. Lawrence County Supreme Court in New York.
The state Supreme Court ruled against the health department, stating that the Public Readiness and Emergency Preparedness Act (PREP) “did not extend to a situation in which a governmental entity administered a drug without consent.” The health department appealed the decision and the Appellate Division concluded on Nov. 21 that PREP pre-empts state law claims, and overturned the decision.
According to Courthouse News, the decision stated that during a declared public health emergency, “we conclude that Congress intended to preempt all state law tort claims arising from the administration of covered countermeasures by a qualified person pursuant to a declaration by the Secretary [of Health and Human Services].”