There have been two cases involving child custody and vaccines, where the vaccination status was being addressed in custody agreements, in Michigan. I am going to update one case, and discuss a new one.
On October 5, 2017 I addressed the case of Rebecca Bredow, a Michigan mother who signed a consent agreement to vaccinate her child, refused to follow through, and after apparently trying the judge’s patience one too many times – she apparently repeatedly violated orders relating to custody, and in this case, the judge ordered her jailed for seven days for contempt of court.
Another case was heard in the same Michigan court by the same judge on Monday, October 9. This post addresses both cases and provides an update. Continue reading “Child custody and vaccines – reviewing two disputes in Michigan”
A mother signed a custody agreement that included her agreement to vaccinate her son. For over a year, the mother did not do so. For this refusal, and after giving her a last chance to comply, a judge had the Michigan mom jailed for seven days. She was jailed for ignoring a court order, not because she refused to vaccinate.
Getting to the point of contempt is likely not particularly common, but it’s not unheard of in family law disputes. So far, none of the facts make this case particularly extraordinary.
What appears to be unusual in this case is that the news coverage accepted the mother’s version and painted her as a principled martyr standing up for the sacred principle of, apparently, going to jail rather than protecting her child from disease. Orac discussed the false balance in the reporting. And that’s not what the case really embodies. Continue reading “Michigan mom jailed – not because of vaccines UPDATE”
Natural News has had a long history of vaccine denial, which always garners laughter from the scientific skeptic crowd. Occasionally, however, Natural News takes its anti-science beliefs to a whole new level, one that requires a double-pronged rebuttal and refutation.
Recently, Natural News published an article that criticizes mandatory vaccinations of healthcare workers both from the scientific and legal point of view. In that article, Natural News is wrong about mandatory vaccinations – again.
This article is the second part of a two-part series about that Natural News article, examining some of the legal issues of mandatory vaccination. Part 1 examines where Natural News gets the science wrong about mandatory vaccination. Continue reading “Natural News is wrong about mandatory vaccinations – Part 2”
Informed consent is important. For vaccines, as it is for all other medical treatments. But there appears to be some misunderstandings about what constitutes informed consent in this context.
This article addresses a few misconceptions that come up in relation to informed consent, for example, that doctors need to give inserts, or a list of vaccine ingredients, to get informed consent for vaccines, or discuss VAERS and VICP (I’ve addressed some of it in the past ). It does not address the claim that mandates violate informed consent or that liability protections do – I have also addressed both in the past. Continue reading “Informed consent, vaccines and package inserts – examining the facts”
This article examines a recent Maine Supreme Judicial Court ruling on parental rights and vaccines – they upheld a decision to vaccinate a child in the custody of the state over a mother’s objections. This post explains the decision, explains why the lone dissenting judge was wrong, and reminds the reader that this decision is consistent with the majority of states deciding the issue – for good reasons.
Continue reading “Custody, parental rights and vaccines in Maine”
A recent case provides insight into how the decisions of the Special Master in the National Vaccine Injury Compensation Program – also known as the Vaccine Court – are reviewed by the appeals system. There are two issues I hope readers can take from this story:
- There is an elaborate system for appealing NVICP decisions. Next time someone tries to claim there is no appeal, or that the petitioners are not given a hearing, remind them they’re very wrong.
- The legal standard used to assess the Special Master’s findings of facts – what it is and how it works. What we see is that both the judge in the US Court of Federal Claims and the Circuit Court gave the Special Master’s decision pretty close scrutiny.
Continue reading “Vaccine Court – causation and administrative discretion”
On Thursday May 9, 2014 the United States Court of Appeals for the Federal Circuit ruled that Christopher Wynn (pdf), in the case of Price v HHS (US Department of Health and Human Services), could not be compensated through the National Vaccine Injury Compensation Program (NVICP) – even if he proved a vaccine injury – because his mother, Chandra Price, waited too long to pursue his claim. The court ruled against Ms. Price and Christopher on jurisdictional grounds, but also decided that there was no reason to use equitable tolling, a legal doctrine that allows the court to set aside a technical objection for reasons of fairness. Continue reading “Price v HHS – statute of limitations, tolling, vaccines and autism”
In 1986, the United States Congress passed the National Childhood Vaccine Injury Act, which among other things created the National Vaccine Injury Compensation Program (NVICP). The act’s main goal was to protect vaccine manufacturers from vaccine injury claims and liability–but not for the reasons you might think. We are going to take a look at how shoulder injury related to vaccine administration (SIRVA) relates to NVICP claims
Congress was rightly concerned that the costs for these legal actions was going to drive most, if not all, manufacturers from the USA market. That would have been a horrific problem for the country, with no ability to protect children from deadly and dangerous diseases.
The NVICP provides a no-fault program to resolve vaccine injury claims – “quickly, easily, with certainty and generosity.” The program was (and continues to be) funded by a tax on all vaccines sold in the country. Moreover, using a system of expert administrative “judges” (called Special Masters), a petitioner seeking to establish causation-in-fact must show, by a preponderance of the evidence, that but for the vaccination they would not have been injured, and that the vaccination was a substantial factor in bringing about their injury.
Continue reading “Shoulder injury related to vaccine administration and NVICP”
This is about the case of little J. B. Boatmon, who was born born four weeks prematurely, at the 36th week. However, he rebounded from his early start, and at his four-months well baby pediatric visit, on September 2 was doing very well and found healthy. At that visit, J.B. had the routine 4 months vaccines. Tragically, the next day (September 3) little J.B. was found lifeless in his crib. His death was ruled to be the result of Sudden Infant Death Syndrome (SIDS). But did vaccines cause SIDS in J.B.?
His parents filed suit under the National Vaccine Injury Compensation Program (NVICP). The case was decided on July 10, 2017. Special Master Thomas L. Gowen with the National Vaccine Injury Compensation Program granted J.B’s parents compensation.
In August 2017 the Boatmon decision was shared on anti-vaccine sites as evidence that vaccines cause SIDS. The decision does not, however, support the claim because it is flawed internally in several ways. It misuses and discounts the epidemiological evidence, accepts a problematic theory over the objection of a more qualified expert, and ignores several of the important factors of the case. In addition to its internal flaws, the decision is in tension with many other decisions of NVICP – in fact, it seems an outlier – and it is interesting that the same sites that tout this problematic decision ignore other decisions that ruled otherwise. Continue reading “Vaccines cause SIDS? Not supported by Boatmon vs HHS case”
On August 15, 2017 Judge Charles D. Wachob from the Placer County Superior court granted the state’s demurrer to the California SB277 lawsuit (known as Torrey-Love). In lay terms, dismissed the suit without leave to amend. Demurrer is generally granted when, assuming all the facts plaintiffs claimed are true, the court sees no legal basis for the suit, in technical terms, no cause of action. Continue reading “California SB277 lawsuit update – judge rejected Torrey-Love”