Those of us who had children in school during the 2009-2010 Swine Flu “pandemic” likely remember the parental consent forms that school administration sent home requesting permission to vaccinate students for the H1N1 virus.
Like many other parents who had done their due diligence research on this shot, I denied consent to have my children vaccinated and even considered keeping them home from school the day the public health nurse was on campus just to be sure my children weren’t “accidentally” vaccinated.
Jennifer Parker of Lisbon, New York, evidently had a similar plan to bypass vaccination for her daughter Madison, who was in kindergarten at the time. Ms. Parker did not sign the parental consent form and further, did not want her daughter vaccinated, so this wasn’t just a case of missing paperwork. She erroneously assumed that the school would honor her wishes and not innoculate her daughter with what was, in her view, the dangerous H1N1 vaccine which has in recent months been shown to increase the rate of miscarriage and stillbirths in pregnant women by over 10 times.
In December 2009 when the St. Lawrence County Public Health Department held a clinic at Lisbon Central School, however, an overzealous public health nurse had other ideas in mind for little Madison.
Federal officials had declared a “public health emergency’ in response to the H1N1 influenza virus outbreak and the CDC recommended administration of the vaccine Peramivir. In her zeal to “protect” the children, a public health nurse inoculated kindergartner Madison Parker even though her mother, Jennifer Parker, had not signed a parental consent form.
No doubt enraged over this blatant disregard for her parental rights, Jennifer Parker sued the school district and the health department. She charged that immunizing her daughter without consent amounted to negligence and battery on young Madison.
As the case wound it’s way through the legal system, the school district was eventually dismissed as a defendant. The court refused to dismiss the claim against St. Lawrence County Public Health Department, however, which claimed a right to vaccinate the girl based on the pre-emption powers provided by the federal Public Readiness and Emergency Preparedness Act (PREP).
Although the court held in favor of Ms. Parker finding that PREP did not extend to a situation in which a governmental entity administered a drug or vaccine without consent, the Appellate Division had a different view.
On Nov. 21, 2012 the court’s original decision was overturned and the Appellate Division held that PREP pre-empts state law claims.
Justice Karen Peters, writing for the 5 judge panel, stated that during a declared public health emergency:
“no state … may establish, enforce or continue in effect with respect to a covered countermeasure any provision of law or legal requirement that (A) is different from, or is in conflict with, any requirement applicable under this section; and (B) related to the … use, … dispensing or administration by qualified persons of the covered countermeasure, ….”
She went on to write:
“Considering the breadth of the preemption clause together with the sweeping language of the statute’s immunity provision, 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].”
In conclusion, Justice Peters wrote that the entire complaint must be dismissed and that Ms. Parker had no grounds whatsoever to sue.
Lessons to astute parents from this shocking and disturbing decision by the New York Appellate Division?
#1: The Federal Government can and will vaccinate your child without your consent and this trumps whatever state laws protect you from this type of violation.
#2: If a public health emergency has been declared and the public health department is coming around to schools to vaccinate children, keep your children home! At least for right now, the vaccination police still cannot come through your front door and vaccinate your children against your will.
Could the United States be far off from what happens to children when they get vaccinated against parental will in Malawi? If the vaccine propaganda warfare currently raging against parents who don’t vaccinate is any indication, it is a very extreme but yet real possibility.
Sarah, The Healthy Home Economist