COVID-19 religious gatherings – Supreme Court prevents NY from enforcing limits

COVID-19 religious gatherings

This article, about a recent Supreme Court decision that prevents New York from enforcing limits on religious gatherings during the COVID-19 pandemic, was written by Dorit Rubinstein Reiss, Professor of Law at the University of California Hastings College of the Law (San Francisco, CA), who is a frequent contributor to this and many other blogs, providing in-depth, and intellectually stimulating, articles about vaccines, medical issues, social policy, and the law.

Professor Reiss writes extensively in law journals about the social and legal policies of vaccination. Additionally, Reiss is also a member of the Parent Advisory Board of Voices for Vaccines, a parent-led organization that supports and advocates for on-time vaccination and the reduction of vaccine-preventable disease. She is also a member of the Vaccines Working Group on Ethics and Policy.

On November 24, 2020, the Supreme Court ordered temporary relief preventing Governor Cuomo and New York officials from enforcing limits on gathering imposed on religious houses during the COVID-19 pandemic (Roman Catholic Diocese of Brooklyn, New York v. Andrew M. Cuomo). The decision, as the dissents pointed out, raises concerns about the ability of states to limit religious activities in the interest of protecting believers – and the broader public – from diseases. But the per curiam opinion makes relatively limited changes to our First Amendment jurisprudence, though it may signal that the court will, in the future, change it, and does not at present change the legal framework governing vaccine mandates. Continue reading “COVID-19 religious gatherings – Supreme Court prevents NY from enforcing limits”

University of California flu vaccine order – anti-vaxxers court challenge

University of California flu vaccine

This article regarding the University of California flu vaccine executive order, and a subsequent anti-vaccine activist court challenge, was written by Dorit Rubinstein Reiss, Professor of Law at the University of California Hastings College of the Law (San Francisco, CA), who is a frequent contributor to this and many other blogs, providing in-depth, and intellectually stimulating, articles about vaccines, medical issues, social policy, and the law.

Professor Reiss writes extensively in law journals about the social and legal policies of vaccination. Additionally, Reiss is also a member of the Parent Advisory Board of Voices for Vaccines, a parent-led organization that supports and advocates for on-time vaccination and the reduction of vaccine-preventable disease.

An anti-vaccine organization brought a lawsuit against the University of California’s Executive Order “strongly recommending” flu vaccines for most students, faculty, and staff and mandating it for a specific sub-set. With one possible exception that I am less familiar with, but that the University responded strongly to, the complaint’s claims are unfounded and should be dismissed. Continue reading “University of California flu vaccine order – anti-vaxxers court challenge”

Connecticut court supports masks in schools – rejects emergency injunction

connecticut masks

This article about a Connecticut court decision regarding masks in schools was written by Dorit Rubinstein Reiss, Professor of Law at the University of California Hastings College of the Law (San Francisco, CA), who is a frequent contributor to this and many other blogs, providing in-depth, and intellectually stimulating, articles about vaccines, medical issues, social policy, and the law.

Professor Reiss writes extensively in law journals about the social and legal policies of vaccination. Additionally, Reiss is also a member of the Parent Advisory Board of Voices for Vaccines, a parent-led organization that supports and advocates for on-time vaccination and the reduction of vaccine-preventable disease. She is also a member of the Vaccines Working Group on Ethics and Policy.

On November 2, 2020, Judge J. Moukawsher of the superior court in Hartford District, Connecticut denied the request that children do not wear masks while attending school. The Connecticut Freedom Alliance, LLC sought an emergency injunction stopping Connecticut’s Department of Education’s order that Connecticut school children wear masks. Continue reading “Connecticut court supports masks in schools – rejects emergency injunction”

ACIP COVID-19 vaccines meeting – summary of August 2020 discussions

This article about the August 2020 ACIP COVID-19 vaccines meeting was written by Dorit Rubinstein Reiss, Professor of Law at the University of California Hastings College of the Law (San Francisco, CA), who is a frequent contributor to this and many other blogs, providing in-depth, and intellectually stimulating, articles about vaccines, medical issues, social policy, and the law.

Professor Reiss writes extensively in law journals about the social and legal policies of vaccination. Additionally, Reiss is also a member of the Parent Advisory Board of Voices for Vaccines, a parent-led organization that supports and advocates for on-time vaccination and the reduction of vaccine-preventable disease.

On August 26, 2020, the Advisory Committee on Immunization Practices (ACIP) held an emergency meeting to discuss COVID-19 vaccines. This was an emergency meeting, as opposed to one of its three annual scheduled meetings, but it was not “emergency” in the sense of being unplanned – it was announced long in advance, and the announcement was repeated during the June and July emergency meetings.

The ACIP COVID-19 vaccines meeting consisted of four to five hours of presentations from the COVID-19 vaccines workgroup, convened in April, and one hour of public comments that included multiple pro-vaccine speakers and four anti-vaccine individuals.

The main takeaway most people would have from the meetings are, I expect, the same as mine – that COVID-19 vaccines safety is taken extremely seriously by the workgroup and the committee, that there is still a lot of uncertainty about which of the vaccine in the pipeline will be effective, and that there are thorny, hard questions in deciding how to allocate the first vaccine doses.

This will be a very short overview of the meeting. The next meeting is on September 22, and I encourage and urge people to listen and learn from it. The presentation slides for the previous meetings can be found here. Continue reading “ACIP COVID-19 vaccines meeting – summary of August 2020 discussions”

Catie Clobes – legal harassment from an anti-vaccine activist – Take 10

This article, about anti-vaccine activist Catie Clobes legal actions against Karen Ernst, was written by Dorit Rubinstein Reiss, Professor of Law at the University of California Hastings College of the Law (San Francisco, CA), who is a frequent contributor to this and many other blogs, providing in-depth, and intellectually stimulating, articles about vaccines, medical issues, social policy, and the law.

Professor Reiss writes extensively in law journals about the social and legal policies of vaccination. Additionally, Reiss is also a member of the Parent Advisory Board of Voices for Vaccines, a parent-led organization that supports and advocates for on-time vaccination and the reduction of vaccine-preventable disease

It is not unusual to observe anti-vaccine activist harassment of those who challenge their claims, by threatening legal action.  Most often, the legal threats are baseless but can seem threatening. Because such episodes are not uncommon, I have decided to describe the latest, explain why the threat it made is unfounded, and offer some guidance on what to do if you face such a threat. Continue reading “Catie Clobes – legal harassment from an anti-vaccine activist – Take 10”

Vaccine adjuvants – another misguided FOIA request from ICAN

vaccine adjuvants

This article about an FOIA request for information about vaccine adjuvants was written by Dorit Rubinstein Reiss, Professor of Law at the University of California Hastings College of the Law (San Francisco, CA), who is a frequent contributor to this and many other blogs, providing in-depth, and intellectually stimulating, articles about vaccines, medical issues, social policy, and the law.

Professor Reiss writes extensively in law journals about the social and legal policies of vaccination. Additionally, Reiss is also a member of the Parent Advisory Board of Voices for Vaccines, a parent-led organization that supports and advocates for on-time vaccination and the reduction of vaccine-preventable disease.

In August 2020, the anti-vaccine organization, the Informed Consent Action Network (ICAN), posted on their site a letter from the National Institutes of Health (NIH) dated July 19, 2019, under the (misleading) title that “NIH Concedes It Has No Studies Assessing The Safety of Injecting Aluminum Adjuvants.”

As in the past, ICAN’s use of the Freedom of Information Act (FOIA) request result is highly misleading, in at least three ways. First, FOIA is not a mechanism for science query, only a way to get existing administrative records, and this is a misuse of FOIA. Second, there are abundant scientific studies on the safety of aluminum vaccine adjuvants, but this request was not a way to get them. And third, even if there were no studies on the safety of aluminum adjuvants in vaccines, vaccines are tested as a whole, and the safety data on them cover all their ingredients. Continue reading “Vaccine adjuvants – another misguided FOIA request from ICAN”

Evee Gayle Clobes – another tragedy incorrectly blamed on vaccines

Evee Gayle Clobes

This article about the tragic death of Evee Gayle Clobes was written by Dorit Rubinstein Reiss, Professor of Law at the University of California Hastings College of the Law (San Francisco, CA), who is a frequent contributor to this and many other blogs, providing in-depth, and intellectually stimulating, articles about vaccines, medical issues, social policy, and the law.

Professor Reiss writes extensively in law journals about the social and legal policies of vaccination. Additionally, Reiss is also a member of the Parent Advisory Board of Voices for Vaccines, a parent-led organization that supports and advocates for on-time vaccination and the reduction of vaccine-preventable disease.

On March 1, 2019, Evee Gayle Clobes, a six-month-old baby, died in her mother’s bed. Because Evee had received her vaccines 36 hours before her death, and with the urging, courting, and support of anti-vaccine activists eager to use her and her story, her mother blamed vaccines.

However, this tragedy is even less appropriately blamed on vaccines than most, because there is a clear other cause for Evee’s death: According to the evidence detailed in a letter from the medical examiner, Evee Gayle Clobes, sadly, tragically, suffocated to death because of unsafe sleep conditions.

It is horrible to lose a child, and no parent should have to pay such a heavy price for a choice that could be mistakenly thought to be a reasonable one. But blaming vaccines incorrectly here can actively hurt others in multiple ways. Continue reading “Evee Gayle Clobes – another tragedy incorrectly blamed on vaccines”

National Vaccine Injury Compensation Program facts

national vaccine injury compensation program

This article about the National Vaccine Injury Compensation Program was written by Dorit Rubinstein Reiss, Professor of Law at the University of California Hastings College of the Law (San Francisco, CA), who is a frequent contributor to this and many other blogs, providing in-depth, and intellectually stimulating, articles about vaccines, medical issues, social policy, and the law.

Professor Reiss writes extensively in law journals about the social and legal policies of vaccination. Additionally, Reiss is also a member of the Parent Advisory Board of Voices for Vaccines, a parent-led organization that supports and advocates for on-time vaccination and the reduction of vaccine-preventable disease.

In this post I explain how one goes about proving a case in the  National Vaccine Injury Compensation Program (NVICP), and how that differs from proving a case in the civil courts, focusing on what it means to have a no-fault program and proving causation.

I will use a case that started with the tragic death of a young child after a vaccine to illustrate the complexity and operation of the program, and also to address the idea of federal preemption, and how it limits the ability of those claiming vaccine injuries to use state courts for their claims.

Continue reading “National Vaccine Injury Compensation Program facts”

Christopher Bunch – another tragedy blamed on the HPV vaccine

christopher bunch

This article about the tragic story of Christopher Bunch was written by Dorit Rubinstein Reiss, Professor of Law at the University of California Hastings College of the Law (San Francisco, CA), who is a frequent contributor to this and many other blogs, providing in-depth, and intellectually stimulating, articles about vaccines, medical issues, social policy, and the law.

Professor Reiss writes extensively in law journals about the social and legal policies of vaccination. Additionally, Reiss is also a member of the Parent Advisory Board of Voices for Vaccines, a parent-led organization that supports and advocates for on-time vaccination and the reduction of vaccine-preventable disease.

On 14 August 2018, fourteen-year-old Christopher Bunch died from acute disseminated encephalomyelitis (ADEM), leaving his loving, devoted family reeling. The family blamed his death on the HPV vaccine that Christopher received, and they were quickly surrounded and courted by anti-vaccine activists.

My heart goes out to Christopher’s family. I followed the case since he was in the hospital, hoping and praying with them for a good outcome, and I feel their heartbreak. I was also deeply impressed by their initial reaction, which was to create a positive legacy for Christopher, making him visible and famous.

I would rather not write about this, which is why this post is so long after the fact. But Christopher’s death is since being used to try and scare people away from HPV vaccines or vaccines generally, putting others at risk of cancer and death. With very little basis: the timing and the epidemiological evidence do not support a link between Christopher’s death and HPV vaccines. Christopher Bunch deserves a better legacy than that. Continue reading “Christopher Bunch – another tragedy blamed on the HPV vaccine”

Robert F Kennedy Jr used Alan Dershowitz in anti-vaccine fake debate

Robert F Kennedy Jr

This article, about an anti-vaccine fake debate between Robert F Kennedy Jr and Alan Dershowitz was used to promote anti-vaccine misinformation, was written by Dorit Rubinstein Reiss, Professor of Law at the University of California Hastings College of the Law (San Francisco, CA), who is a frequent contributor to this and many other blogs, providing in-depth, and intellectually stimulating, articles about vaccines, medical issues, social policy, and the law.

Professor Reiss writes extensively in law journals about the social and legal policies of vaccination. Additionally, Reiss is also a member of the Parent Advisory Board of Voices for Vaccines, a parent-led organization that supports and advocates for on-time vaccination and the reduction of vaccine-preventable disease.

On July 23, 2020, anti-vaccine activists aired what they described as a heated debate between Attorney and Professor Alan Dershowitz and anti-vaccine activist Robert F Kennedy Jr. The “debate” was a good example of why debating anti-vaccine activists is a bad idea.

Basically, Kennedy did most of the talking, and most of his talk was not – as initially suggested – about the law, but a recitation of anti-vaccine talking points, most of them either misleading or blatantly untrue. Dershowitz, who is not a public health expert or a debunker of anti-vaccine misinformation, was not prepared to address them. While he did push Kennedy on some issues, with Kennedy’s misinformation left unaddressed, viewers may come out with the impression that Kennedy’s points had merit.

The points do not. Robert F Kennedy Jr consistently misrepresented the facts, and was not quite accurate on the constitutional law, though he was closer. He misrepresented the regulatory framework on vaccines. In essence, Kennedy used this as an opportunity to share misinformation while using Dershowitz’s comparable legitimacy to give weight to his claims. Continue reading “Robert F Kennedy Jr used Alan Dershowitz in anti-vaccine fake debate”