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Monday, November 15, 2010

Vaccinate or Face Jail...Say What!?

On Sunday I was watching Law and Order: SVU like I do every Sunday (as a side note this is by far my favorite show and I have been watching it for years and I mean like since season 1). Well if anyone watches it they always have a case that is usually ripped right from actual headlines. Well this particular episode was about a mother that refused to immunize her son and he caught the measles and spread it to a bunch of other children that were too young to get immunized. As the story unfolds we find out that one child died from catching the measles from this little boy. The mother of the little boy is brought to trial for endangering the health of other children. After all the courtroom drama the mom of the little boy walks free but that got me to thinking and here is my question to you…

If a child dies from a disease as a result of an unimmunized child passing it to them should the unimmunized child’s parent be held liable for the death of a the child that contracted the disease from their child due to their not wanting to immunize?

In 2007 Maryland parents faced this…


lfhpueblo said...

Personally I say "No."
There are religious sects here in America that don't believe in immunization and some people who think that not all immunizations are safe.
We still have freedoms in this country. I think that children can pick up many diseases there are not even vaccines for and die, so who would their families sue. I'm talking about the fact that there are many strains of TB in this country right now and some that antibiotics have little effect on. A baby in a store could get exposed from someone in a store coughing that had it.
Case in point my step-son's little cousin was exposed to TB in pre-school. She didn't get an active case of TB, just tested positive when all the kids were checked after a child's chest x-ray came up positive at a pediatric appointment.
My step-son's little cousin had to go on powerful antibiotics to try to keep her from ever getting an active case of TB. She was pretty sick from just the medicine. The medication is very hard on the digestive and nervous system.
Until there are vaccines out there for every viral illness out there and there is a mandatory law that everyone regardless of religious ideas etc. has to follow, my answer would be "No."

Sky Princess said...

I did not see the Law and Order episode but children are vaccinated at two months for measles. So the child that got measles should have been under two months for the story to make sense legally.

In the case of TB, the United States does not use the TB vaccine that some of the other countries use. When you get TB, you will not realize it for a very long time.

I work with babies and we have to be vaccinated for the flu or wear a mask 6 months out of the year. I get the vaccines, which I think are worthless for the flu. I think it is a police state with vaccines in the hospital, making us take toxins that we do not want or need.

Just my opinion.

Your newest follower from Channeling RIcky,

Danielle said...

Sky it was a TV show and they don't always do fact check but the show was less about the measles and more about a parents right to choose to immunize or not.

As a member of the military we have to get certain vaccinations I personally do not want any of these vaccinations. It has never failed that after I get military issued shots I get super sick sometimes it just make me wonder.

As far as child he has had every vaccine that he is suppose to have and I personally have nothing against vaccinating my son but I can understand other parents concern. I do however think that if you don't vaccinate your child and it can be traced back to your child as the direct cause of the problem the it is a public health issue.

Its kind of like someone who knows they have AIDS spreading it to unsuspecting people. If a parent knows their kid is sick and hasn't been immunized they should be more responsible meaning their child shouldn't be leaving the house until they are cleared to be okay.

Annie D said...

The measles vaccine is included in the MMR, which most children do not get until 18 months, so the children in this story could've been older than 2 months. As a mother who has opted out of certain vaccines due to family history of severe reactions, I think the fact that parents can be brought to court over not immunizing is absolutely ridiculous. This country is supposed to be free, not just free when it is convenient for everyone else. We are also a country of sue-happy people. Everyone wants someone to be held accountable for things that happen to them. Where did the little boy in this story contract the measles? Was it an adult who hadn't gotten his booster MMR shot? Can that person be sued? What about the person THAT person caught it from? Where does the cycle end? People are trying to control what other people, especially parents, do with their lives.

I see your point about the public safety concern, and if a child has a disease and their parents know about it they SHOULD keep them home. But you can't force people to have ethics.

Danielle said...

The little boy on the story had a mom that didn't believe in getting him vaccinated at all she didn't trust the pharmaceutical companies.

Here is a recap of that episode...

She says that she knows a mother who was infected with the measles. Olivia and Elliot meet with the mother, Monica. She says that she doesn't trust the pharmaceutical companies. She says that her son got sick then recovered. At the station, Olivia, Elliot and Munch argue over the choice to immunize kids. Elliot says that Monica's choice endangers the kids that are too young to be immunized. Alex walks in the station and tells the detectives that Ashlee wants to sue the city for $100 million because Sierra got sick in a city park. Alex tells them that they need to do something because it is an election year. Olivia and Elliot go to Monica's apartment and arrest her for the murder of Sierra.

In court, Alex argues that the case is about choice. She says that infants that come in contact with kids with measles have their choice to be kept safe taken away. Monica's lawyer says that Monica has the choice not to immunize her child. Warner takes the stand and says that measles stays active an hour after the person who had it leaves a room. She says that it is transmittable from 200 feet away. Warner says that England has a measles outbreak because people refused to get immunized. She says that it is her opinion that it is irresponsible for people not to immunize their kids. Warner says that she believes that Monica is responsible for Sierra's death. Monica's lawyer asks Warner if there is a law that forces parents to vaccinate. Warner says that in order to enter a school, a child must be immunized. Monica's lawyer says that Monica's son is not old enough to go to school (so no law has been broken).

So that was just a quick run down of that episode but to answer your question I think anybody can be sued for just about anything this is America and we are sue happy here. And it is very true that you can't force others to have ethics. The mom on trial stood up in court and stated that the only kid she cared about was her own and it was the other mothers own fault her daughter was dead. It was a good episode it makes you think.

Danielle said...

They don't really say were he caught it but the mother was the one being put on trail for murder because of the little girl dying. I think that anybody has the potential to be sued, because we are the land of the free we are also the land of the sue happy. You really can't force people to have ethics but the victim in this story was the little girl who was to young to get the vaccine to be protected. The mom in the episode ended up walking free. It was just one of those episodes that made you think what if.

Anonymous said...

My sis-in-law REFUSES to vaccinate her seven (yes, SEVEN) children. She believes that getting them vaccinated will cause them to be autistic.

Except, she has a son who got diasgnosed about 2 years ago as being autistic. So much for THAT vaccination theory!

My own personal theory is that if you choose not to vaccinate your child, well, that is fine. But, you'd better not make my child sick or die because of your foolish behavior. When my children were younger, I would not allow them to be around those children very much.

Danielle said...

First let me say I am in awe that she has 7 kids...LOL...that's a lot of children. I think it was very very smart of you to limit the time your kids spent around hers when they were younger. Sometimes its better to be safe then sorry. It is kind of ironic that one of the things holding her back from vaccinating was the same thing her son was diagnosed with. But no bad wishes on anyone of course so best of luck to your sister and her very large family.

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