Welcome! We regret to inform you that the Injury Board National News Desk has been discontinued. Feel free to browse around and enjoy our previously published articles, or visit The Injury Blog Network for the latest in personal injury news.

New York State: Be Vaccinated Or Be Fired

Posted by Jane Akre
Tuesday, September 29, 2009 2:18 PM EST
Category: Major Medical
Tags: Flu, Influenza, H1N1, New York State, Health Care Workers, PREP Act, Vaccine Injury, Vacciine Court

New York State says health care workers must be immunized by Nov. 30 or be fired.

November 30 Deadline



IMAGE SOURCE: WABC News Web site/ images of health care workers in NY


Workers in New York State say they will fight a mandate that health care professionals be vaccinated against influenza, both seasonal and the swine flu, by November 30th.

In August, the New York Department of Health decided that vaccination was mandatory or doctors, nurses, or health care providers, or they would be fired. The requirement applies to all workers who “could potentially expose patients” to influenza.

A rally planned in Albany Tuesday, is underway by those who believe that the regulation violates their personal freedom and leaves them vulnerable to vaccine injury, reports Newsday.

Tara Accavallo, a registered nurse on Long Island, told Newsday. "If something happens to me, if I get seriously injured from this vaccine, who's going to help me?"

Vaccine Maker Immunity

The 2006 Public Readiness and Emergency Preparedness Act (PREP Act) allows the Department of Health and Human Services Secretary to invoke complete immunity for manufacturers of vaccines and drugs in a public health emergency. PREP Act removes the right to a trial by jury, unless the plaintiff can prove that there was willful misconduct that resulted in death or serious injury. DHHS Secretary must give permission to sue.

CBS News reporter Declan McCullagh asks “Under what circumstances can government officials order mandatory vaccination? And could the general public be ordered to roll up their sleeves for injections, even if there might be side effects beyond a sore arm or mild fever?”

In 1976, a federal swine-flu vaccination program resulted in several deaths and Guillain Barre Syndrome, a nerve-damaging disorder. It was halted two months after it began.

Several registered nurses say they already fight the flu by constantly washing their hands while on the job.

Union Disagrees

The union representing 9,000 health care workers, Public Employees Federation, disapproves of the mandatory vaccination program and provides Talking Points on its Web site. Among them – that the vaccine has not been fully tested and that emergency rule making did not allow for public comment.

At the same time it is telling members to comply.

There is no religious or philosophical exemption to the Department of Health regulation.

So far, New York State stands alone in the requirement that health care workers be vaccinated, but other states are considering a mandate. In a letter last week, Commissioner Richard Daines said the mandatory flu vaccine is in the best interest of patients and workers.

The CDC expects about 120 doses of swine flu vaccine to be ready in October. #


Anonymous User
Posted by Suzanne McClain
Wednesday, September 30, 2009 2:00 AM EST

That is ludicrous for many reasons, the most obvious being:

The FDA only recently approved the swine flu vaccine, and if one watches television, it's not hard to figure out that their record is less than stellar, as evidenced by the incredible amount of pharmaceutical recalls in recent years.

To answer Ms. Accavallo's question "If something happens to me, if I get seriously injured from this vaccine, who's going to help me?" I can almost assuredly tell you no one in the FDA will take responsibility; nor will the manufacturer.

No one will help you other than well versed patient advocates such as myself who know how to do the research. This won't help you as far as your health matters are concerned, only in helping you to prepare for the battle ahead in finding someone to represent you once the adverse events begin to present themselves.

The FDA follows a regimen that I consider to be scary. How can a vaccine for the swine flu have been approved so quickly, when we only became aware of it in the very recent past. What clinical trials have they been able to perform? What is considered a "long term" clinical trial before they unleash a potentially harmful product on the mass population?

I plan to take my chances with the swine flu itself, because I have no faith in the FDA after having been injured by a medical device that their so-called experts approved for implantation into the human body within 90 days with absolutely no clinical trials at all.

Anonymous User
Posted by George Fusner
Wednesday, September 30, 2009 7:43 AM EST

HCA based in Nashville has also implemented this policy for their health care facilities. I have a client who upon Doctors orders due to a past bad adverse reaction to the flu shot inlcuding permament facial paralysis refuses to take the shot. She has been directed to wear a face mask while at the facility and cannot use any common eating areas. If an employee refuses the shot they are told they have voluntarily resigned. Thus they are not eligible for unemployment benefits. Query, are visitors to the hospital now screened for fue shots and then refused admission? How about patients? Are they turned away because of no flu shot? This is government control run amuck. Imagine the impact of national health care on our civil liberities.

Anonymous User
Posted by Wendy Dwyer
Wednesday, September 30, 2009 5:11 PM EST

How dare anyone legislate my future and with such disregard. To administer a medication requires informed consent unless the person is incompetent or this is Nazi Germany. My future is being destroyed by this legislation. I have been a nurse for over 30 years, have earned a BSN and own a home in NYS. I will now be fored and work in another state. HOW DARE the government of New York do this to me and others. This is a violation of my constitutional and civil rights, is assault and unbelievable. I hope Governor Pattison does not want another term as his fate is sealed now as he seals mine. No one will vote for someone who disrespects the medical professionals in this way. How dare they. This is so shocking. Will all bus drivers get a shot? All cashiers? All train employess, flight staff, STATE WORKERS? And a drug not fully tested and with contents likely not safe for human consumption? And we cannot hold the pharmacutical industrial complex responsible for injury? And this will be the precedent for the future years? Unbelievable, and what about campaign contributions folks, big pharma got their temacles in the politicians pockets? Spare me. So this is what it has come to in America and NYS, we are the lab rats for Dr. Daines. How do you sleep doc? Thanks for ruining my future. People really need to wake up and smell the slime on the slippery slope as this is just the beginning i am sure if we allow this to happen. This is really unfair. I have given of myself all my life, i don't get the flu shot nor do i get the flu. Passive immunity, work with germs all the time, wash my hands and eat healthy. This is what we get for being dedicated patient care givers all of our lives?

Anonymous User
Posted by watcher girl
Wednesday, September 30, 2009 5:58 PM EST

I also work in the health field in one of the largest hospitals in MI. I am an x ray technologist, and as I write this, MI has not made the vaccinations mandatory. But in all reality, we don't get the flu. We are immune just like the last writer said. I have been in my field for 15 years and have had the flu one time. I xray hundreds of patients every year, and I am rarely sick. I also wash my hands and eat healthy. And also, once you allow the shot in your body, there is no turning back. You may as well dig your own grave. NO thanks!I have a family, and there is no way that my job is worth my life. If it was made mandatory, then I would quit. I need my job, just like everyone else, but my kids need me more. ANd in MI there are no jobs, ANYWHERE! Also , I was coerced by my own doctor, about a year ago to get an updated Dtap shot. I was reluctant because of the thimerasol. She told me they were thimerasol free so I allowed it. 2 mos later I came down with a horrible auto immune disease that took a whole year to diagnose. Little did I know then, about adjuvants. LIke squalene and aluminum. Now I have to take a blood thinner for the rest of my life, thank you very much!! Save yourselves, DON'T TAKE THE SHOT. IT'S NOT WORTH YOUR LIFE.

Anonymous User
Posted by andy
Tuesday, October 06, 2009 8:50 AM EST


Comments for this article are closed.

About the National News Desk

Our mission is to seek the complete truth and provide a full and fair account of the events and issues that surround personal safety, accident prevention, and injury recovery.  We are committed to serving the public with honesty and integrity in these efforts.

Hurt in an accident? Contact an Injury Board member

Subscribe to Blog Updates

Enter your email address if you would like to receive email notifications when comments are made on this post.

Email address


RSS Feed

Add the National News Desk to your favorite RSS reader

Add to Google Reader Add to myYahoo Add to myMSN Add to Bloglines Add to Newsgator Add to Netvibes Add to Pageflakes