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| Jan Drew... |
 Posted: Fri Oct 23, 2009 1:56 pm |
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http://cityroom.blogs.nytimes.com/2009/10/16/judge-halts-mandatory-flu-vaccines-for-health-care-workers/?apage=13
Updated, 4:21 p.m. | A judge on Friday morning halted enforcement of a
New York State directive requiring that all health care workers be
vaccinated for the seasonal flu and swine flu.
The temporary restraining order by the judge, Thomas J. McNamara, an
acting justice of the State Supreme Court in Albany, comes amid a
growing debate about the flu vaccine. On Friday afternoon, the State
Department of Health vowed to fight the restraining order, saying that
the authorities “have clear legal authority” to require vaccinations,
and noted that state courts had upheld mandatory vaccinations of
health care workers against rubella and tuberculosis. Justice McNamara
scheduled a hearing for Oct. 30 on the three cases before him,
involving the flu vaccine.
The state health commissioner, Dr. Richard F. Daines, through the
State Hospital Review and Planning Council, issued a regulation on
Aug. 13 ordering health care workers to be vaccinated by Nov. 30 or
face fines.
Dr. Daines later explained the reasoning behind the vaccine, saying in
a statement on Sept. 24:
Questions about safety and claims of personal preference are
understandable. Given the outstanding efficacy and safety record of
approved influenza vaccines, our overriding concern then, as health
care workers, should be the interests of our patients, not our own
sensibilities about mandates. On this, the facts are very clear: the
welfare of patients is, without any doubt, best served by the very
high rates of staff immunity that can only be achieved with mandatory
influenza vaccination – not the 40-50 percent rates of staff
immunization historically achieved with even the most vigorous of
voluntary programs. Under voluntary standards, institutional outbreaks
occur every flu season. Medical literature convincingly demonstrates
that high levels of staff immunity confer protection on those patients
who cannot be or have not been effectively vaccinated themselves,
while also allowing the institution to remain more fully staffed.
Terence L. Kindlon, a lawyer for three nurses who sued the state,
asserting that the order violated their civil rights, said the judge’s
ruling was a victory. New York was the only state in the country to
mandate vaccinations for health care workers, he said.
The nurses — Lorna Patterson, Kathryn Dupuis and Stephanie Goertz —
work in the emergency room at Albany Medical Center, a regional trauma
unit.
“These are not libertarians, they are not lefties, they are not right-
wing lunatics,” Mr. Kindlon said of his clients in a phone interview
on Friday. “They are health care professionals, and they think the
vaccination is not going to be good for them. They have no confidence
that either the seasonal flu vaccine or H1N1 vaccine is going to do
any good for them.”
Justice McNamara consolidated the nurses’ suit with two other
lawsuits, brought by the New York State Public Employees Federation
and the New York State United Teachers Union, which also challenged
the regulation.
Mr. Kindlon said of his clients: “They basically were being
administratively ambushed. This regulation came out of the Health
Department during the dog days of August. People weren’t aware of it
until September. Then they were suddenly advised that the drop-dead
rate for receiving the vaccination from the state was Nov. 30.”
The hospital imposed its own deadline — mid-October — for vaccinations
for its employees, Mr. Kindlon said.
The state is all but certain to fight the lawsuits and seek
enforcement of the mandate. At a legislative hearing on Tuesday, Dr.
Guthrie Birkhead, a state deputy health commissioner, defended the
mandate, saying, “Health care settings are no different than any other
setting where vaccination is the most effective method of preventing
influenza.”
In a statement on Friday afternoon, the State Department of Health
noted that Justice McNamara’s order was only temporary. Officials said
in a statement:
In two weeks the Department is scheduled to be in court, where we will
vigorously defend this lawsuit on its merits. We are confident that
the regulation will be upheld. The Commissioner of Health and the
State Hospital Review and Planning Council have clear legal authority
to promulgate the mandatory regulation. As one court said in a 1990
ruling rejecting a challenge to regulations requiring mandatory
rubella vaccinations and annual tuberculosis testing for health care
workers: “Hospitals . . . exist for the benefit of their patients.
They exist to cure the sick. The Legislature of this State has charged
the Commissioner of Health with the responsibility of making hospitals
safe places to get well. These regulations are tailored to accomplish
that end.”
The issue of mandatory vaccinations has divided health care workers
and even experts.
The Public Employees Federation, which has about 5,000 members covered
by the regulations, said it encouraged its members to be vaccinated
against the flu but opposed making the vaccine a condition of
employment.
The New York State Nurses Association has taken a similar position.
The association “supports immunization as an effective way to reduce
the risk of contracting the flu, but upholds the right of registered
professional nurses to choose whether or not they wish to be
vaccinated,” officials said in a statement, adding, “The association
believes effective patient protection is achieved through an
aggressive voluntary vaccination program, coupled with a comprehensive
infection prevention plan that includes education, proper hygiene
practices, and the appropriate use of personal protective equipment.”
Patricia Finn, a lawyer for Suzanne Field, a nurse from Poughkeepsie,
N.Y., who has filed a lawsuit in State Supreme Court in Manhattan
challenging the mandatory vaccinations, said on Friday that her case
would proceed despite the Albany restraining order, but added about
the temporary restraining order:
We’re absolutely thrilled about it. I’m very pleased that the whole
process has been slowed down. That’s what we’re so concerned about,
the process of vaccinating. It’s not like getting your teeth cleaned;
it’s pretty serious. It shouldn’t be taken lightly. So we were happy
about this. |
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| Mark Probert... |
| Posted: Fri Oct 23, 2009 2:20 pm |
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On Oct 23, 7:56 pm, Jan Drew <jdrew63... at (no spam) aol.com> wrote:
[quote]http://cityroom.blogs.nytimes.com/2009/10/16/judge-halts-mandatory-fl...
Updated, 4:21 p.m. | A judge on Friday morning
[/quote]
Old news. The Governor has stopped the program, for now, since the
vaccines are in short supply.
When the supplies are available, he will reinstate it. |
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| Mike... |
| Posted: Fri Oct 23, 2009 11:10 pm |
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Mark Probert wrote:
[quote]On Oct 23, 7:56 pm, Jan Drew <jdrew63... at (no spam) aol.com> wrote:
http://cityroom.blogs.nytimes.com/2009/10/16/judge-halts-mandatory-fl...
Updated, 4:21 p.m. | A judge on Friday morning
Old news. The Governor has stopped the program, for now, since the
vaccines are in short supply.
[/quote]
First, this is inaccurate. The Governor only made an announcement
but the decision was made by the health commissioner.
"Governor David A. Paterson today announced that State Health
Commissioner Richard F. Daines, M.D., has suspended the mandatory
influenza immunization requirement for New York health care
workers <...>"
http://www.ny.gov/governor/press/press_1022094.html
Second, the said health commissioner was obviously lying.
Seasonal vaccine is NOT in short supply. He could suspend
only H1N1 mandate but did not, so there was another motive.
It may be related to the injunction that he did
not mention.
[quote]
When the supplies are available, he will reinstate it.
Unless he loses the hearing on Oct 30.[/quote] |
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| Mark Probert... |
| Posted: Tue Oct 27, 2009 3:41 pm |
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On Oct 24, 1:10 am, Mike <M... at (no spam) none.xxx> wrote:
[quote]Mark Probert wrote:
On Oct 23, 7:56 pm, Jan Drew <jdrew63... at (no spam) aol.com> wrote:
http://cityroom.blogs.nytimes.com/2009/10/16/judge-halts-mandatory-fl....
Updated, 4:21 p.m. | A judge on Friday morning
Old news. The Governor has stopped the program, for now, since the
vaccines are in short supply.
First, this is inaccurate. The Governor only made an announcement
but the decision was made by the health commissioner.
[/quote]
QUIBBLE. Quibble.
[quote]
"Governor David A. Paterson today announced that State Health
Commissioner Richard F. Daines, M.D., has suspended the mandatory
influenza immunization requirement for New York health care
workers <...>"
http://www.ny.gov/governor/press/press_1022094.html
Second, the said health commissioner was obviously lying.
Seasonal vaccine is NOT in short supply.
[/quote]
Like I said, there have been closures of local flu clinics for
seasonal flu. Youmaycall it a lie, but,Ihave seen this myself. You
have a severe problem dealing with facts that contradict your
preconceived ideas.
He could suspend
[quote]only H1N1 mandate but did not, so there was another motive.
[/quote]
Uh-oh...insert sinister where facts are short.
[quote]It may be related to the injunction that he did
not mention.
[/quote]
Did you watch the whole press conference?
[quote]
When the supplies are available, he will reinstate it.
Unless he loses the hearing on Oct 30.[/quote] |
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| Jan Drew... |
| Posted: Wed Oct 28, 2009 10:37 am |
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Guest
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On Oct 23, 8:20 pm, Mark Probert <mark.prob... at (no spam) gmail.com> wrote:
[quote]On Oct 23, 7:56 pm, Jan Drew <jdrew63... at (no spam) aol.com> wrote:
http://cityroom.blogs.nytimes.com/2009/10/16/judge-halts-mandatory-fl...
Updated, 4:21 p.m. | A judge on Friday morning
Old news. The Governor has stopped the program, for now, since the
vaccines are in short supply.
When the supplies are available, he will reinstate it.
[/quote]
October 16, 2009, 12:58 pm
Is only 12 days old, and beside the point.
“These are not libertarians, they are not lefties, they are not right-
wing lunatics,” Mr. Kindlon said of his clients in a phone interview
on Friday. “They are health care professionals, and they think the
vaccination is not going to be good for them. They have no confidence
that either the seasonal flu vaccine or H1N1 vaccine is going to do
any good for them.” |
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| Mark Probert... |
| Posted: Wed Oct 28, 2009 12:10 pm |
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Guest
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On Oct 28, 4:37 pm, Jan Drew <jdrew63... at (no spam) aol.com> wrote:
[quote]On Oct 23, 8:20 pm, Mark Probert <mark.prob... at (no spam) gmail.com> wrote:
On Oct 23, 7:56 pm, Jan Drew <jdrew63... at (no spam) aol.com> wrote:
http://cityroom.blogs.nytimes.com/2009/10/16/judge-halts-mandatory-fl....
Updated, 4:21 p.m. | A judge on Friday morning
Old news. The Governor has stopped the program, for now, since the
vaccines are in short supply.
When the supplies are available, he will reinstate it.
October 16, 2009, 12:58 pm
Is only 12 days old, and beside the point.
[/quote]
It is the point, even if you do not like it.
[quote]
“These are not libertarians, they are not lefties, they are not right-
wing lunatics,” Mr. Kindlon said of his clients in a phone interview
on Friday. “They are health care professionals, and they think the
vaccination is not going to be good for them. They have no confidence
that either the seasonal flu vaccine or H1N1 vaccine is going to do
any good for them.”
[/quote]
That is nice. However, it is also not the point.
The full blown disease that they can transmit to a sick person in
their care is the point.
I guess you do not get much news in Podunk Junction, FL. |
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| Robert A. Fink, M. D.... |
| Posted: Fri Oct 30, 2009 5:42 pm |
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Guest
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On Wed, 28 Oct 2009 15:10:07 -0700 (PDT), Mark Probert
<mark.probert at (no spam) gmail.com> wrote:
[quote]The full blown disease that they can transmit to a sick person in
their care is the point.
[/quote]
If the nurses refuse to be vaccinated, can the hospitals fire or
suspend them as "hazards" to the patients? Public schools can exclude
children who have not been immunized.
Best,
Bob
Robert A. Fink, M. D.
Neurological Surgery
2500 Milvia Street Suite 222
Berkeley, CA 94704-2636 USA
510-849-2555
**********************************
NOTE: The material above is not "medical
advice". Medical advice can only be
given after an in-person contact between
doctor and patient.
********************************** |
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| Jan Drew... |
| Posted: Fri Oct 30, 2009 7:02 pm |
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Guest
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| Jan Drew... |
| Posted: Fri Oct 30, 2009 7:05 pm |
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On Oct 28, 6:10 pm, Mark Probert <mark.prob... at (no spam) gmail.com> wrote:
[quote]On Oct 28, 4:37 pm, Jan Drew <jdrew63... at (no spam) aol.com> wrote:
On Oct 23, 8:20 pm, Mark Probert <mark.prob... at (no spam) gmail.com> wrote:
On Oct 23, 7:56 pm, Jan Drew <jdrew63... at (no spam) aol.com> wrote:
http://cityroom.blogs.nytimes.com/2009/10/16/judge-halts-mandatory-fl...
Updated, 4:21 p.m. | A judge on Friday morning
Old news. The Governor has stopped the program, for now, since the
vaccines are in short supply.
When the supplies are available, he will reinstate it.
October 16, 2009, 12:58 pm
Is only 12 days old, and beside the point.
It is the point, even if you do not like it.
“These are not libertarians, they are not lefties, they are not right-
wing lunatics,” Mr. Kindlon said of his clients in a phone interview
on Friday. “They are health care professionals, and they think the
vaccination is not going to be good for them. They have no confidence
that either the seasonal flu vaccine or H1N1 vaccine is going to do
any good for them.”
That is nice. However, it is also not the point.
The full blown disease that they can transmit to a sick person in
their care is the point.
I guess you do not get much news in Podunk Junction, FL.
[/quote]
LOL!! Never heard of it, and you lie. |
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| Jan Drew... |
| Posted: Fri Oct 30, 2009 7:10 pm |
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Guest
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| Jan Drew... |
| Posted: Fri Oct 30, 2009 7:13 pm |
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Guest
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On Oct 24, 1:10�am, Mike <M... at (no spam) none.xxx> wrote:
[quote]Mark Probert wrote:
On Oct 23, 7:56 pm, Jan Drew <jdrew63... at (no spam) aol.com> wrote:
http://cityroom.blogs.nytimes.com/2009/10/16/judge-halts-mandatory-fl....
Updated, 4:21 p.m. | A judge on Friday morning
Old news. The Governor has stopped the program, for now, since the
vaccines are in short supply.
First, this is inaccurate. The Governor only made an announcement
but the decision was made by the health commissioner.
"Governor David A. Paterson today announced that State Health
Commissioner Richard F. Daines, M.D., has suspended the mandatory
influenza immunization requirement for New York health care
workers <...>"
http://www.ny.gov/governor/press/press_1022094.html
Second, the said health commissioner was obviously lying.
Seasonal vaccine is NOT in short supply. He could suspend
only H1N1 mandate but did not, so there was another motive.
It may be related to the injunction that he did
not mention.
When the supplies are available, he will reinstate it.
Unless he loses the hearing on Oct 30.
[/quote]
Don't confuse Mark S Probert with the facts.
He posts misinformation regularly. |
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| Jan Drew... |
| Posted: Fri Oct 30, 2009 7:16 pm |
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Guest
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On Oct 27, 9:41�pm, Mark Probert <mark.prob... at (no spam) gmail.com> wrote:
[quote]QUIBBLE. Quibble.
[/quote]
What you do regularly. |
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| Mark Probert... |
| Posted: Sat Oct 31, 2009 5:12 am |
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Guest
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On Oct 31, 12:02 am, Jan Drew <jdrew63... at (no spam) aol.com> wrote:
[quote]http://cityroom.blogs.nytimes.com/2009/10/16/judge-halts-mandatory-fl...
If Mark Probert does not like the truth.
Too bad
[/quote]
It is not a question of whether I like it or not. It is still old
news.
Your snipping changed the meaning of my comments.
That is lying. |
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| Mark Probert... |
| Posted: Sat Oct 31, 2009 5:16 am |
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Guest
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On Oct 31, 12:05 am, Jan Drew <jdrew63... at (no spam) aol.com> wrote:
[quote]On Oct 28, 6:10 pm, Mark Probert <mark.prob... at (no spam) gmail.com> wrote:
On Oct 28, 4:37 pm, Jan Drew <jdrew63... at (no spam) aol.com> wrote:
On Oct 23, 8:20 pm, Mark Probert <mark.prob... at (no spam) gmail.com> wrote:
On Oct 23, 7:56 pm, Jan Drew <jdrew63... at (no spam) aol.com> wrote:
http://cityroom.blogs.nytimes.com/2009/10/16/judge-halts-mandatory-fl...
Updated, 4:21 p.m. | A judge on Friday morning
Old news. The Governor has stopped the program, for now, since the
vaccines are in short supply.
When the supplies are available, he will reinstate it.
October 16, 2009, 12:58 pm
Is only 12 days old, and beside the point.
It is the point, even if you do not like it.
“These are not libertarians, they are not lefties, they are not right-
wing lunatics,” Mr. Kindlon said of his clients in a phone interview
on Friday. “They are health care professionals, and they think the
vaccination is not going to be good for them. They have no confidence
that either the seasonal flu vaccine or H1N1 vaccine is going to do
any good for them.”
That is nice. However, it is also not the point.
The full blown disease that they can transmit to a sick person in
their care is the point.
I guess you do not get much news in Podunk Junction, FL.
LOL!! Never heard of it, and you lie.
[/quote]
"Podunk Junction" is a metaphor for somewhere so far out of touch with
the rest of the world that the residents are utterly clueless.
See: http://www.urbandictionary.com/define.php?term=podunk
I am pleased that you provided this opportunity for me to expand your
very limited knowledge. |
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| Mark Probert... |
| Posted: Sat Oct 31, 2009 5:17 am |
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Guest
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On Oct 31, 12:13 am, Jan Drew <jdrew63... at (no spam) aol.com> wrote:
[quote]On Oct 24, 1:10 am, Mike <M... at (no spam) none.xxx> wrote:
Mark Probert wrote:
On Oct 23, 7:56 pm, Jan Drew <jdrew63... at (no spam) aol.com> wrote:
http://cityroom.blogs.nytimes.com/2009/10/16/judge-halts-mandatory-fl....
Updated, 4:21 p.m. | A judge on Friday morning
Old news. The Governor has stopped the program, for now, since the
vaccines are in short supply.
First, this is inaccurate. The Governor only made an announcement
but the decision was made by the health commissioner.
"Governor David A. Paterson today announced that State Health
Commissioner Richard F. Daines, M.D., has suspended the mandatory
influenza immunization requirement for New York health care
workers <...>"
http://www.ny.gov/governor/press/press_1022094.html
Second, the said health commissioner was obviously lying.
Seasonal vaccine is NOT in short supply. He could suspend
only H1N1 mandate but did not, so there was another motive.
It may be related to the injunction that he did
not mention.
When the supplies are available, he will reinstate it.
Unless he loses the hearing on Oct 30.
Don't confuse Mark S Probert with the facts.
He posts misinformation regularly.
[/quote]
I agree with Mike's statement. However, I do not believe that there
was a hearing on October 30, since the issue became moot when the
State removed the mandate.
Right now, the issue remains unresolved. |
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The time now is Wed Nov 25, 2009 6:24 am
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