David Konig

Temporary Restraining Order Against NYS Mandation Of H1N1 Vaccine

Posted by David at 16 October, 2009, 7:08 pm

The New York Times is reporting that an acting New York Supreme Court Justice has issued a restraining order temporarily halting the mandation of the controversial H1N1 Vaccine for New York State Healthcare workers.

Preventing Swine FluThe restraining order was issued by Acting New York State Supreme Court Justice Thomas J. McNamara in response to a lawsuit filed by three Albany Medical Center nurses who state that the mandation is a violation of their civil rights, and merged their lawsuit along with two other similar suits from New York State United Teachers Union and New York State Public Employees Federation.

The New York State Department of Health is planning to fight the restraining order, and has cited that the state has upheld similar requirements for vaccinations such as Rubella and Tuberculosis.

Justice McNamara will hold a hearing on October 30 regarding all three of the cases that he merged together.

The vaccine mandation was signed into law on August 13, 2009. It affected EMTs and Paramedics employed or contracted by healthcare facilities while free standing municipal agencies were apparently exempt due to the verbage used.

Source: New York Times Blogs

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  • jagodaapelian
    How dare the government mandate a vaccine to be injected into our veins w/o our consent! My hospital NYHQ is appalled by this mandate. We fear that the manufacturers of this vaccine have not utilized appropriate measures in studying the side effects possible from the vaccination. If a patient refuses treatment and we as healthcare workers administer a medication against their will it is called "Assault and Battery". What the hell do we call what is being done to us? Think about that for a second...
  • I agree that NYS's mandation is going above and beyond... and to my knowledge the only state that has done it so far. I suppose that we sort of get what we deserve for having voted for a Governor without properly vetting his successor should something happen. I also think that patient advocates should be considering the repercussions by this for the very patients that refuse medicine as you state, instead of being pro-mandation. Unfortunately, there is a good chance that this will hold up and we will be forced to take the shot anyway.

    While I may not personally want this, I understand that it is being required of me and for that reason I will oblige to do it... but I will be making my feelings known both this November by voting against Mayor Bloomberg and next November by voting against Governor Patterson.

    I encourage you to do the same.
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