This blog is written by Mr. Steven C. Schurr, Esq. and focuses on health care law matters that pertain to food and drug law, regulatory compliance, privacy rights, insurance coverage, state and federal disability coverage, patient advocacy issues, and mental health coverage and treatment.

Wednesday, February 18, 2015

Measles and Vaccination Lawsuits

 
Can I sue someone if my child contracts measles from a child whose parents refused to vaccinate their child?
 
This would be a difficult lawsuit to win because you would have to prove that the parent was negligent in their decision not to immunize their child, while an exemption for religious or medical reasons is allowed per state law.  Second, you would have to prove that your child contracted the measles directly from the unvaccinated child (i.e., proximate cause) which would be difficult. 
 

Monday, February 9, 2015

Measles and Vaccines in Illinois

Should you vaccinate your children for measles?

Both Indiana and Illinois grant and exemption for the requirement to vaccinate due to medical or religious reasons.  Otherwise, you are required to get your children vaccinated.

Fifteen years ago, the federal Center for Disease Control declared measles eradicated in the United States.  We know now that is not true.

 ILLINOIS
 
As you have probably heard, we have an outbreak of measles in Illinois.  In Chicago, only 88.8% of adolescents have received the vaccine.  In the state as a whole, the vaccination rate is 93.5%
 
The Illinois State Board of Education (ISBE) has issued guidelines to help school administrators determine if a request for an immunization exemption should be allowed and whether medical exemption should be referred to the Illinois Depart of Public Health (IDPH).  http://www.isbe.net/research/pdfs/Immunization_gdlines_med_rel.pdf
 
Section 665.510  Objection of Parent or Legal Guardian
 
Parents or legal guardians who object to health, dental or eye examinations or any part thereof, or to immunizations, or to vision and hearing screening tests, on religious grounds shall not be required to submit their children or wards to the examinations or immunizations to which they so object if such parents or legal guardians present to the appropriate local school authority a signed statement of objection, detailing the grounds for the objection. (Section 27-8.1(8) of the School Code)  The objection must set forth the specific religious belief that conflicts with the examination, immunization or other medical intervention. The religious objection may be personal and need not be directed by the tenets of an established religious organization.  General philosophical or moral reluctance to allow physical examinations, eye examinations, immunizations, vision and hearing screening, or dental examinations will not provide a sufficient basis for an exception to statutory requirements.  The local school authority is responsible for determining whether the written statement constitutes a valid religious objection.  The local school authority shall inform the parent or legal guardian of measles outbreak control exclusion procedures in accordance with the Department's rules, Control of Communicable Diseases Code (77 Ill. Adm. Code 690) at the time the objection is presented.
 
Questions regarding religious objections to vaccinations in Illinois should be directed to ISBE Specialized Instruction, Nutrition and Wellness Division, School Health, at 312-814-5560.
 
Questions regarding medical exemptions for vaccinations in Illinois should be directed to the IDPH at 217-785-1455.

For more information on immunizations from the Illinois Department of Public Health:  http://www.idph.state.il.us/about/shots.htm
 

Sunday, February 8, 2015

Measles and Vaccines in Indiana

Should you vaccinate your children for measles?

Both Indiana and Illinois grant and exemption for the requirement to vaccinate due to medical or religious reasons.  Otherwise, you are required to get your children vaccinated.

Fifteen years ago, the federal Center for Disease Control declared measles eradicated in the United States.  We know now that is not true.

INDIANA

Presently, there have been no outbreaks of measles in the state of Indiana.

Per Dr. Joan Duwve, chief medical consultant with the Indiana State Department of Health. "Only one case of measles constitutes an outbreak for that disease here in the state of Indiana."

The measles virus is incredibly hardy, is airborne and can be passed on before an infected person becomes symptomatic. If an infected person is in a room with 100 unvaccinated people, 90 of them will become ill, Duwve has said.

About 0.81 percent, or 493, of all Indiana sixth-graders and 0.74 percent, or 456, of all kindergartners had a religious exemption in the 2013-14 school year, according to state statistics. That same year 4,455 kindergarten students did not have the MMR vaccine, which includes protection against measles, meaning only 92.7 percent of the grade was fully vaccinated.

 Indiana requires parents to submit exemptions annually, ensuring that they remain firm in their commitment not to vaccinate their children.

Currently, the state's immunization registry does not necessarily include children who are home-schooled or younger than school age, unless a provider or school opts to enter the records.

Because some Amish don't believe in vaccination and there's a strong anti-vaccination movement in southern Michigan, there are pockets with low vaccination rates in Northern Indiana, Duwve said. These areas have seen outbreaks of another preventable disease, pertussis, or whooping cough, in recent years.


VACCINATION EXEMPTION PURSUANT TO

INDIANA CODE § 20-34-3-2 Religious objections

 

    Sec. 2. (a) Except as otherwise provided, a student may not be required to undergo any testing, examination, immunization, or treatment required under this chapter or IC 20-34-4 when the child's parent objects on religious grounds. A religious objection does not exempt a child from any testing, examination, immunization, or treatment required under this chapter or IC 20-34-4 unless the objection is:
        (1) made in writing;
        (2) signed by the child's parent; and
        (3) delivered to the child's teacher or to the individual who might order a test, an exam, an immunization, or a treatment absent the objection.

Friday, February 6, 2015

Clay Hunt Suicide Prevention for American Veterans Act

"Legislation designed to help combat suicide by U.S. military veterans passed in the Senate 99-0 on Tuesday, setting the stage for it soon to become federal law.

Approval of the Clay Hunt Suicide Prevention for American Veterans Act was lauded by veterans and suicide prevention groups as a victory that will save lives. The legislation is named after a Marine Corps veteran who served in Iraq and Afghanistan and later took his own life in 2011."

http://www.washingtonpost.com/news/checkpoint/wp/2015/02/03/clay-hunt-veterans-suicide-prevention-act-passes-in-senate-will-head-to-white-house/

"An estimated 22 veterans commit suicide each day, adding up to more than 8,000 deaths each year. Klobuchar is an original cosponsor of the Clay Hunt Suicide Prevention for American Veterans (SAV) Act, which will help expand access to mental health services for veterans by establishing a loan repayment program to help the Department of Veterans Affairs (VA) recruit more psychiatric specialists, enhancing resources for veterans transitioning to civilian life, and improving the VA's ability to address traumatic brain injuries. Congressman Tim Walz (D-MN) led the bill in the House."

http://www.brainerddispatch.com/news/politics/3670882-veterans-suicide-prevention-measure-important-step-toward-ending-vet-suicide

Enrollment Deadline Under the Affordable Care Act

February 15, 2015 is the last day to enroll in a health care plan.  You can receive help at www.healthcare.gov or in Illinois a getcoveredillinois.com