pakalertpress.com / By Heather Callaghan AP / December 8, 2012
New Yorker Jennifer Parker was alarmed when she found out that a public health nurse vaccinated her 5-year-old daughter, Madison, against her wishes. This was during a flu outbreak in late 2009. Jennifer fought the action, citing negligence and battery and sued both the school district and health department in St. Lawrence County Supreme Court. The school district was let off the hook.
Matters seemed resolved as that court ruled in her favor saying that the Public Readiness and Emergency Preparedness Act (PREP) couldn’t extend to just any situation where government workers could administer drugs without consent. But that ruling was short lived.
The health department appealed and it was the Third Judicial Appellate Court that overturned the previous ruling, deciding on November 21st this year, that PREP trumps, or rather, preempts state laws regarding that matter.
Did you know that we are apparently in an unending state of public health emergency?
The emergency in the situation above? H1N1 flu…
Madison Parker was given a Peramivir inoculation for H1N1 flu virus.