Court dismisses Gardasil harms claims against Merck

man in black holding phone

This article about a court dismissing Gardasil harms claims against Merck 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 March 15, 2022, a federal judge in Connecticut dismissed a tort claim brought against Merck by a young woman, Korrine Herlth, who alleged that the Gardasil vaccine caused her harm, including Postural Orthostatic Tachycardia Syndrome (“POTS”) and chronic fatigue syndrome (“CFS”).

The claim was dismissed on the grounds that federal law preempted most of the torts claims – they could not be brought because the Food, Drugs and Cosmetics Act said that federal law ruled these issues, not state torts law – and the others were dismissed because the plaintiffs’ claims were too general and did not provide sufficient grounds. The claims were dismissed without prejudice, so if the plaintiff – through her lawyers – can correct the problems the court identified, she can refile some of them. 

The case never reached the causation problems in the claim – causation problems that derive from the fact that multiple large studies found no link between HPV vaccines and the alleged harms. Nor did it actually get to examine the validity of the specific claims, but many of them draw directly from anti-vaccines claims that are highly problematic.

It is likely fair to say that in this case – and the other similar claims the law firm bringing the case, Baum, Hedlund, Aristel & Goldman is bringing alleging harms from Gardasil – the law firm is serving the anti-vaccine movement more than the individual plaintiffs, even if the law firm itself is not, as a whole, anti-vaccine. 

Continue reading “Court dismisses Gardasil harms claims against Merck”

Connecticut repeals vaccine religious exemption to school mandates

Connecticut repeals vaccine religious exemption

This article, the Connecticut legislature repeals the vaccine religious exemption for school mandates, 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 April 27, 2021, the Connecticut legislature passed HB6423, a bill that repeals the religious exemption to Connecticut’s school vaccine mandate. Connecticut never had a personal belief exemption, so if the Governor signed it – and he indicated he will – the only exemption available in Connecticut will be a medical one. 

That said, as part of the compromises to pass the bill, children currently in school, from kindergarten on, were grandfathered – allowed to keep the exemption.

This post addresses, together, three things:

  • First, the process to pass a bill in most states is hard and arduous, and most bills fail. 
  • Second, the anti-vaccine movement fought aggressively against the bill, and the fight was national.
  • And third, what the bill does.
Continue reading “Connecticut repeals vaccine religious exemption to school mandates”

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”

Anti-vaccine tweets correlated with affluent white women in five states

anti-vaccine tweets

Although there’s evidence that the anti-science beliefs surrounding vaccines cross a broad political spectrum, I’ve always wondered if rich white liberal women were the center of the anti-vaccine universe – this is based on my own personal anecdotal evidence, so let’s just consider that a belief than a fact. A recent analysis of anti-vaccine tweets may or may not confirm my beliefs about these rich white liberals.

There has been a dramatic increase, over the past few years, in the volume of tweets that claim that life-saving vaccines are linked to autism. Anyone who reads this blog knows that that claim is demonstrably and scientifically false. Despite the science, the belief that vaccines cause autism remains. And this view is promulgated on various locations on the internet.

Like with a lot of other controversial topics, the Twitter outrage about the danger of vaccines doesn’t actually reflect a sudden surge in anti-vaccine beliefs amongst the general population. According to a recently published peer-reviewed article, most of increase in these anti-vaccine tweets represent a very specific demographic. Individuals from affluent, populated areas in five states – California, Connecticut, Massachusetts, New York, and Pennsylvania – seem to be the backbone of this sudden increase in anti-vaccine tweets.

Let’s take a look at this new paper. It could provide us with some information about the who is pushing the anti-vaccine narrative. Continue reading “Anti-vaccine tweets correlated with affluent white women in five states”

Why we vaccinate–mandatory flu vaccines reduce risk of hospitalization

flu-shot-smiley-face

Updated 28 November 2014.

According to the unsurprising results reported in a new study, published in the Morbidity and Mortality Weekly Report, in areas where laws mandate that children receive a seasonal flu vaccination, before entering preschool or day care, the rate of flu-related hospitalizations drops significantly. In this study, after Connecticut enacted a law that mandated the vaccine, the rate of children requiring hospitalization because of the flu declined by 12%.

Connecticut’s regulation for flu vaccination (pdf), which took effect in 2010, increased the uptake of childhood flu vaccinations from 67.8% to 84.1%. According to Dr. James Hadler, the lead researcher for the study, “That difference, we feel, has resulted in children attending daycare being better protected against influenza and its severe complications.”

Even though Connecticut’s regulations for flu vaccination allows for some exemptions (the child has a scheduled appoint for the shot soon after the start of school, medical contraindication, or religious belief), it’s obvious that the effort was highly successful in driving up the level of uptake of the flu vaccination, a vaccine that is often ignored by parents for occasionally odd reasons. Continue reading “Why we vaccinate–mandatory flu vaccines reduce risk of hospitalization”

Connecticut reduces influenza rates with a simple step–vaccination

On January 1, 2011, Connecticut mandated that any child between 6 and 59 months old must be vaccinated for influenza if they are to be enrolled in a licensed Connecticut day care center.  So the vaccination rate for kids in that age group went from around 54% in 2009-10 to 85% during the 2010-11 flu season.  

Emergency department visits for flu and flu-like illness dropped from 34% in 2008 to 30% in 2011, or around 72,000 visits.  There was also a 30% decrease in emergency department visits for children in the 6-59 month age range.  Like many of these diseases there’s a myth that they are not that dangerous.  Except a significant portion of these kids who contract the disease will have other, more serious, issues like pneumonia or even death. 

The vaccination program benefits both children and adults that come in contact with the children (though it would be better if the parents were vaccinated too).  And vaccines save lives.  Period.  End of debate.

via Conn. flu rates decline after new vaccine requirement | Vaccine News Daily.