Dorit Rubinstein Reiss – an index of contributions to this website

Dorit Rubinstein Reiss

Dorit Rubinstein Reiss – Professor of Law at the University of California Hastings College of the Law (San Francisco, CA) – is a frequent contributor to this and many other blogs, providing in-depth, and intellectually stimulating, articles about vaccines (generally, but sometimes moving to other areas of medicine), social policy and the law. Her articles usually unwind the complexities of legal issues with vaccinations and legal policies, such as mandatory vaccination and exemptions, with facts and citations. I know a lot of writers out there will link to one of her articles here as a sort of primary source to tear down a bogus antivaccine message.

Professor Reiss writes extensively in law journals about the social and legal policies of vaccination–she really is a well-published expert in this area of vaccine policy, and doesn’t stand on the pulpit with a veneer of Argument from Authority, but is actually an authority. Additionally, Reiss is also 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.

Below is a list of articles that Dorit Rubinstein Reiss has written for this blog, organized into some arbitrary and somewhat broad categories for easy reference. This article will be updated as new articles from Professor Reiss are added here.

Continue reading “Dorit Rubinstein Reiss – an index of contributions to this website”

Natural News is wrong about mandatory vaccinations – Part 2

natural news

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, vaccines and package inserts – examining the facts

informed consent

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”

Custody, parental rights and vaccines in Maine

parental rights and vaccines

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”

Price v HHS – statute of limitations, tolling, vaccines and autism

Price v HHS

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”

Shoulder injury related to vaccine administration and NVICP

Shoulder injury related to vaccine administration

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”

California SB277 lawsuit update – judge rejected Torrey-Love

California SB277 lawsuit

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”

Australia blocked anti-vaccine radicals from re-entering the country

Australia blocked anti-vaccine

For those of you who don’t follow these shenanigans, a gang of anti-vaccine radicals have been traveling in a bus across America promoting the anti-vaccine fraudumentary, Vaxxed. They push their pseudoscience and vaccine lies to gullible audiences across America. The Vaxxed tour was heading to Australia to promote their unscientific nonsense to the continent down under. Lucky for the citizens of the fine country, Australia blocked anti-vaccine radicals from returning to that country.

Let’s backtrack a bit and talk about the Vaxxed bus tour. It includes a rotating cast of deplorable characters including the fraud Mr. Andrew Wakefield, the pseudoscience pushing Suzanne Humphries, Vaxxed producer Del Bigtree, and the reprehensible Polly Tommey. Continue reading “Australia blocked anti-vaccine radicals from re-entering the country”

Bob Sears’ personal attacks on Paul Offit – anti-vaccine evidence

bob sears

On March 13, 2015 Dr. Bob Sears, a California antivaccine physician, wrote a post on Facebook attacking Dr. Paul Offit, pediatrician, vaccine inventor, scientist, vaccine advocate and educator.

Dr. Sears wrote:

A FAILED ATTEMPT TO CHANGE HIS NAME FROM DR. PROFIT TO DR. PROPHET

Everyone’s favorite infectious disease doctor tried to write a compelling argument as to why parents should not have religious freedom to decline vaccines, and the New York Times shot it down. Here’s a link to the Time’s review. So, sorry to help publicize this waste of trees, but the more people who know that this vaccine advocate doesn’t care about religious freedom in the United States the better. Enjoy!
Dr. Bob.

sears-facebook-1 Continue reading “Bob Sears’ personal attacks on Paul Offit – anti-vaccine evidence”

Immunization mandates case law – UC Hastings project

Immunization mandates case law

In the past year, I offered a course in University of California, Hastings College of Law allowing students to work on immunization-related legal research projects that can help members of the immunization community understand legal issues. I am now ready to present our first publicly available project, for anyone’s use, on immunization mandates case law.

This project, done by two UC Hastings’ students under my guidance, is a summary and overview of litigation on vaccine mandates – school mandates and influenza workplace mandates.

It includes a short memo summarizing the jurisprudence on these topics and a list of cases, federal and state (and if you come across any cases we have missed, please let me know and we will add them).

The memo can be found here. The cases are directly here (by category).