Judge Halts Flu Vaccine Mandate For Health Workers

New York Health Care Employees Won't Be Forced To Get H1N1 Vaccine...For Now
Oct 16, 2009 12:23 pm US/Eastern
State Supreme Court judge issued a restraining order Friday against the
state from enforcing the controversial mandatory vaccination.

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.

New York was the first state in the country to initially mandate flu
vaccinations for its health care workers, but many health care workers
quickly protested against the ruling. In Hauppauge, workers outside a local
clinic screamed "No forced shots!" when the mandate came down at the end of
September.

"I don't even tend to the sick. I am in the nutrition field. They are
telling me I must get the shot because I work in a health clinic setting,"
said Paula Small, a Women, Infants and Children health care worker.

Small said she would refuse to be vaccinate, worried the vaccine is untested
and unproven, leaving her vulnerable. In 1976, there were some deaths
associated with a swine flu vaccination.

Registered nurse Frank Mannino, 50, was also angry. He said the state
regulation violates his personal freedom and civil rights.

"And now I will lose my job if I don't take the regular flu shot or the
swine flu shot."

When asked if he's willing to lose his job, Mannino said, "Absolutely. I
will not take it, will not be forced. This is still America."

The protest also shook Albany. Hundreds of demonstrators demanded freedom of
choice. After all, as health care professionals, they argue they're already
constantly washing their hands and aren't likely to transmit or contract the
flu.

Around 500,000 health care workers would have been slated to receive the
vaccine

"It's certainly their prerogative to voice their opinion," said Dr. Susan
Donelan of Stony Brook University Hospital.

Donelan said most in the medical community see the benefits and safety of
the shots and welcome them, and that hospitals must obey the law.

"Our hospital is committed to following the mandate to have our personnel
vaccinated," she said.

The state said change was needed this year to save lives. Typically only
about 45 percent of health care workers take advantage of voluntary flu
vaccines.

More than 150 institutional outbreaks of seasonal and H1N1 flu are expected
this year in hospitals, nursing homes and hospice centers.