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Judge Strikes Down Law Requiring Preschoolers to Get Flu Shots

A Manhattan judge struck down a city rule that requires preschoolers to get flu shots, calling the regulation “invalid and unlawful.”

From the NY Post:

Manhattan Supreme Court Justice Manuel Mendez said in his decision released early Thursday that the city’s Department of Health and Mental Hygiene “lacked the statutory authority” to mandate the influenza vaccines because they are not required under state law.

Five Manhattan and Brooklyn moms sued the city over the 2013 policy, using a similar argument to the one that helped defeat former Mayor Mike Bloomberg’s soda ban.

They argued that the rule — passed under Bloomberg and supported by current Mayor de Blasio — is illegal because it was not voted on by state lawmakers.

Click here to continue reading at the NY Post.

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#1 Comment By JJ On December 17, 2015 @ 4:20 pm

BARUCH HASHEM!!!!!

#2 Comment By Unfortunate On December 17, 2015 @ 5:06 pm

I hope your family never has to go through what my friend’s family did. How could you be thankful that the courts turned down a mandate that could save children from unnecessary illness?

#3 Comment By Unfortunate On December 17, 2015 @ 4:39 pm

My best friend’s previously healthy 3-year-old died of the flu last year.

#4 Comment By anti-Stalin On December 17, 2015 @ 5:52 pm

Is not about wether or not vaccination works.

The real question is if its OK for an institution to exert power onto those under their care, force them to do what’s right, not allowing for individuals to have control over their own bodies.

Sure, Stalin and Hitler forced experiments that were bad, but the AMA only means well, in our best interest. But they’re still the same because they both use force.

I’ve seen in the Rebbe’s letters in many instances, particularly regarding encouraging others to increase in Torah and Mitzvos, that he was fiercely opposed to forcing. It must come out of his own will.

Regarding vaccines, I personally understand the importance of placing my trust in my PCP. The rebbe would encourage this. However, I am fortunate to have a PCP who always insists that the final decision is made BY THE PATIENT.

That’s why I trust him. So when he explained to me his position on the vaccination, I decided to take the vaccine. My PCP would never force me to do anything. Instead, he instills in me confidence that I am a person for myself, and I get the final say when it comes to my private body.

#5 Comment By b”h On December 17, 2015 @ 7:03 pm

didan netzach!

#6 Comment By Thankful Mom On December 17, 2015 @ 8:38 pm

I for one am so glad this happened. I try every trick in the book to avoid this vaccine as it is useless. When I did give it, my kid came down with the worst case of flu ever – not any that were covered under the vaccine. What you don’t realize is that the vaccine is from LAST years flu strain.

#7 Comment By Defeated Mom On December 18, 2015 @ 12:14 am

“last years flu strain”

oh really? sais who? Only a D.R. has a right to know which strain they put in. It’s a FACT.

Please make sure to stop avoiding vaccination treatment. Your D.R. only wants to HELP you, for your own good.

#8 Comment By Defeated Mom On December 17, 2015 @ 11:26 pm

I’m dishartened about this.

I have all my kids vaccinated, no excuses. One of the older kids didnt want to allow us, but after I gave him fair warning, she chose to agree, and after that she was thankful that I didnt let her get away with it

#9 Comment By CA newbie On December 18, 2015 @ 12:24 am

When we have a severe outbreak of the flu and an increase in infants hospitalizations and deaths, then you will see everyone running to get flu shots. Why risk your children’s lives? Do you know how many deaths there were in 1918?

#10 Comment By TorahYid On December 18, 2015 @ 2:18 am

This is VERY BAD NEWS and everyone should lament it! The flu shot is safe and effective. The flu can and does kill babies, elderly, and sick. Parents don’t always make the best decisions and mamish you should listen to what the big groups of pediatricians are saying- get the flu shot!!

#11 Comment By look around On December 18, 2015 @ 4:46 pm

the USA is falling way behind other developed countries in health, economy, education and quality of life.

the flu shot is not mandatory (and sometimes not even recommended unless you’re in a particular risk category) in many of those countries ahead of us.

#12 Comment By Wonderful News!!!! On December 22, 2015 @ 12:11 am

In the 1918 flu epidemic, those treated with homeopathy did well. There were homeopathic hospitals in the US then, and many people were saved. Because it was so successful, the AMA went after homeopathy with a vengeance, and destroyed all the homeopathic hospitals in the US. Homeopathy is well accepted and established in Europe, but still kept under wraps here due to the AMA’s tactics. This is all documented history.