Taking Liberties
September 30, 2009 1:18 PM

Open Letter To New York State Over Mandatory Vaccination

(CBS)
I wrote on Tuesday about health care workers in New York protesting mandatory H1N1 and flu vaccination. New state regulations say that health care workers who "could potentially expose patients" must be vaccinated by November 30, whether they like it or not, or lose their jobs.

One health care provider in New York who's upset by these regulations sent me the following open letter on condition of anonymity. It's a response to a September 24 open letter by State Health Commissioner Richard Daines defending the new rules. My correspondent believes my article yesterday didn't tell the whole story about Empire State workers who will face this choice in the next few weeks; in the interests of fairness, I'm including Anonymous' response to Daines below.

I can't vouch for the accuracy of all the claims. There's one apparent mistake in the claim about the existence of "an adjuvant in the H1N1 vaccine," which is not true in the United States, although it is for Canada and some European countries. (An adjuvant is a chemical boost that means only one dose may be required.) Think of the following as a letter to the editor, weigh the facts and arguments, and make up your own mind about who's right and who's wrong.



September 29, 2009

Commissioner Daines and People of New York State:

This letter is from healthcare workers. You see us every day. We are your neighbors. We are your friends. You say peace to us in church. Our children play soccer together. We minister to you. We minister to your family. We coach you through grueling labors as you struggle to have your children. We help you believe in your personal strength as you gain the confidence needed for parenting. We kneel on the hard floor next to you, working relentlessly to help your baby learn to breast feed. We work 12-hour shifts, and sometimes we never even stop for a bathroom break, because you need us.

We are there for you in surgery, listening to your anxieties patiently and offering soothing reassurances. We hold your hand when you are scared, offering a quiet assurance that you are not alone. We care for your mothers and fathers with a sense of respect and compassionate effort to help them maintain their dignity. We listen to you about their idiosyncrasies, and manage to individualize their plans of care. We set goals with you in rehabilitation, and work by your side to help you achieve these goals. We are right next door to you. We don't live on some commune eating alfalfa leaves with our "crazy ideas." We are everyday people -- you have seen us, you have trusted us, and you know we have been passionate about the care we have provided to you. We love our professions and the opportunity they give us to minister to you.

Now, we need your help. As a group of healthcare workers, we are being mandated by a new New York state law to receive the seasonal flu vaccine and H1N1 vaccines. If we do not receive these vaccines by November 30th, that inaction is to be considered our resignation. We must sign a consent for the vaccines prior to their administration. The manufacturers have been granted immunity by the government; they cannot be sued for untoward effects.

We do not want to receive these vaccines. Our educated studies of risks versus benefits conclude that the risks of the vaccine are greater than the possible benefits. You know us -- you know we live by, "First, do no harm." We have many times extended ourselves to you, but our research concludes these vaccinations are not a safe choice for us. For many of us, being forced to receive the vaccine would be being forced to compromise our religious principles. All health care workers with direct patient care are mandated to receive the vaccine, so the coercion is real -- we cannot just go find a job "somewhere else." And the job market of 2009 does not offer opportunity in a different arena where we could still feed our families.

We understand the fear that swine flu and influenza has generated. While our sources of information indicate that swine flu is not a pandemic, we know that the slanted research fed by the media offers results intended to frighten the public. We do not have the power to stop the fear that mass hype is able to generate. However, we can wear masks and continue to practice our aggressive hand washing during peak flu seasons if that is what assures you. We hear the hype you are fed. We do not want to bring you harm, but we should not be forced into harm's way ourselves.

The seasonal flu vaccine is a guess as to what epidemiologists think will present the coming year as flu. Many times, the guess is wrong. And each year the vaccine is loaded with toxins and preservatives injected into muscle tissue which is not meant to filter toxins. It has clear risks. We have healthy immune systems which God gave us to fight disease. The seasonal flu vaccine is new every year -- so can you tell us how well it is tested?

In that respect, the H1N1 vaccine has been rushed out with minimal testing. Testing was to occur over a three-week period, and in the rush to be the fastest providers of the vaccine, manufacturers were funded for production before that brief period was even concluded. The results -- ask the dead squirrels -- did not matter. They will be using an adjuvant in the H1N1 vaccine that had been pulled off the market because of its association with Gulf War Syndrome but is now allowed to get this vaccine out to the public. In the 1970's, they released a vaccine for H1N1 that was pulled off the market because it resulted in a significantly high incidence of Guillain-Barre Syndrome. Healthcare workers will be the clinical test. We will be enrolled in a clinical trial without consenting to be research subjects.

This law should never have passed through a governing body in the United States of America. It violates the Bill of Rights. It declines our freedom to practice our religion and expects us to compromise our moral code by penalizing us with loss of employment. It mandates consent under duress, which makes the consent itself invalid. It obtains us as human research subjects in a clinical trial that we do not consent to. It denies us our right to refusal of a medication by putting us under duress. We are being put in a situation of coercion and assault. We fear loss of employment by exercising our freedom of speech and speaking out against this injustice. The United States is a different governing body than the democracy we learned about as children.

We are your brothers and sisters as citizens of New York State and we are beseeching your help. The government has created a law that should have no legal standing, but we will lose our jobs unless we yield to the law. We do not want these injections in our bodies and should have that freedom of choice. We should be allowed to practice our freedom of religion in which we place our trust in God, not medical establishments and political agendas.

Please do not let New York state proceed with this law. It will only become a precedent for further violations of our freedoms. We are everyday people and we do not have the monetary means to fight this individually, it is a huge battle. The New York State Nurses' Association had already spoken out against mandated vaccines when the law was just a bill, but their voice was not considered. We do not have time to wait for "someone else" to fight this battle, we need every individual's help to make a large public voice so the government will repeal this law or at the very least, gain an injunction to stop the mandating so there is time for the law to be reviewed by the courts and be found unconstitutional.

We have made it our profession to help and would like to continue to practice in New York state. We have been placed in a situation that is terrifying us. Commissioner Daines, you tell us we should not let us fear infringe patient safety. Please do not insult us. We take care of HIV patients during their post partum hemorrhages; we provide VRE (vancomycin-resistant enterococci) wound care and suction. We work 13 hours non-stop putting our patient desires above even our basic body needs. There is a reason 60 percent of educated health care workers historically decline the seasonal vaccine, and there is even more opposition to the H1NI.

It seems you'd like to use your position to threaten ours and play God with our lives. You are not our God, Commissioner Daines. We are perfectly willing to wear masks around our patients during the peak influenza season. We beg you to reconsider before New York state loses another group of dedicated health care workers. We will find our united voice and New York state will have a health care crisis on December 1 without us. Please come to reason.

-Anonymous

Declan McCullagh is a correspondent for CBSNews.com. He can be reached at declan@cbsnews.com. You can bookmark the Taking Liberties site here, or subscribe to the RSS feed.
Tags:
h1n1 ,
mandatory vaccination
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by dino121 October 6, 2009 6:41 PM EDT
Hasn't anyone heard of the ACLU? This type of thing is right up their alley, demand your civil rights be respected and upheld. Mandating that one gets the shot or gets fired, should rub ALL AMERICANS the wrong way.

I hate to admit this, but being a person with a high level spinal cord injury, I'm welcoming the vaccine - to hopefully save my life if I get H1N1 I'm dead.
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by idyllvice October 6, 2009 11:35 AM EDT
What has happened to this country. Arrogant elitism and the destruction of the Contitution is pampant in this country. No one in a leadership position should have total disregard for the Constitution.
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by idyllvice October 6, 2009 11:33 AM EDT
Richard Daines hasn?t been vaccinated and like most doctors probably won?t. He is an arrogant elitist. This is totally irresponsible. leadership should protect the Constitution not undermine it! He is a total hypocrite.
he doesn?t deserve his position and should be ousted. This is unbelievable. He hasn?t been vaccinated and most doctors haven?t either. What in hell is going one. This is horrific. This is totally unjust.
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by elvee1 October 5, 2009 3:08 PM EDT
Any NY physician who has "privileges" in any NY Hospital to admit, consult, or operate falls under the mandate. I am an employee in a Brooklyn hospital and we had a meeting today about this. The CEO of our hospital made it clear that EVERYONE who works in our facility from herself down to the unpaid volunteers and even our Vendors who come into our operating rooms are mandated to received both flu vaccines. She clearly stated all clinical staff, whether hourly employees, per diem, salaried, on call, privileged MUST get the vaccines or be terminated. This would indicate that EVERY doctor in NYS is mandated, because every doctor has some sort of privilege in a hospital.
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by Compassion77 October 5, 2009 1:20 PM EDT
All healthcare personnel includes physicians with admitting privileges, as well as anyone who has either direct patient contact or those who have direct patient contact with health care providers. Secretaries in a hospital setting will have to be vaccinated in NYS. I am sorry that firedmeup has had such a bitter experience, but I would want him to know there are health care workers that refuse to vaccinate your children - based on our religious beliefs - and we are the ones being kicked out of NYS. We ask not for your pity, but for your help.

Furthermore, it is clear that polarity will always exist as to whether one will personally choose to vaccinate or not to vaccinate. This will not be resolved as there are bodies of evidence to support and oppose each selection. But the mandating of vaccines by one person is unacceptable.

We were quiet people just trying to live our lives and raise our children according to God's promise in a country called America. This is a country that was founded on the priciple of "In God we trust." While we have never been political, this call to activism finds us looking at a bigger picture. I think it was Newt Gingrich who said it the other night - America has disintegarated to a country that had a healthy respect for a freedom of religion to a freedom against religion. And look where we are as a nation.

It is time to remember that we are the people our government stands for - of the people and by the people. We need to be empowered and stand up.
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by firedmeup October 3, 2009 1:12 AM EDT
I would like to know too, are physicians required to get the vaccine?
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by blackjackbrooklyn October 10, 2009 11:13 AM EDT
Yes, physicians with admitting privileges at a hospital are being mandated to take the vaccine.
by blackjackbrooklyn October 10, 2009 11:15 AM EDT
Yes, physicians with admitting privileges at a hospital are being mandated to take the vaccine.
by gomurr October 1, 2009 9:20 PM EDT
I am with you 100%. I am not a health care worker, nor do I reside in your state, but forced vaccination is illegal and unconstitutional as far as I am concerned. I will not get vaccinated, nor do I know many who will. Just knowing what is in this vaccine and looking at some of the other vaccines and their side effects make me shutter. And don't forget people, some effects may not show up for several years [enough time to blame it on something else]. This is just another case of our government knowing "what is best for us." Watch out America.....we're in for a long bumpy ride.
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by CriticalThinker1 October 1, 2009 1:18 PM EDT
Does anyone know if physicans in New York are being required to receive the H1N1?

It would not surprise me if that were not the case.
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by sarah130 October 1, 2009 10:37 AM EDT
the problem with this letter is that the flu vaccine 'rule' for this year was pushed through without any legislation. Daines declared a 'state of emergency' which then gave him the sweeping power to order mandatory flu shots. Daines has gone farther by introducing a bill along with Gov. Patterson to turn mandatory flu shots into a permanent legal condition of employment for health care workers, with or without declaring a state of emergency. This open letter should be calling for the immediate removal of Richard Daines from his post for unprecedented abuse of power. If healthcare workers really understood that this 'rule' had been pushed through without any input from their elected officials, the full impact of what Mr. Daines has done here would help them band together to call for his resignation. This man will not 'help' anyone. Still trying to figure out what's in it for him. Must have a lucrative pharma job lined up after his certain demise after Paterson falls.
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by countryboy_1949 September 30, 2009 8:59 PM EDT
Good article,except you might want to do some more research about the "adjuvants" to be included in the H1N1 vaccine. The adjuvants are thermisol (linked to autism) which is in the vaccine now and squalene (which is illegal in the US at present) which is linked to Guillain-Barre Syndrome. The way squalene could be added to the vaccine is through "Emergency Use Authorizations", which allow "use of unapproved or uncleared medical products, or unapproved or uncleared
uses of approved or cleared medical products, following a determination and declaration of emergency." An EUA has already been issued to use squalene on the vaccine given to soldiers.

In 2004, the Project BioShield Act (Public Law No. 108-276) gave the FDA Commissioner the authority to issue an EUA during a declared emergency ?involving a heightened risk of attack on the public or U.S. military
forces, or a significant potential to affect national security.? The authority allows the FDA, after careful evaluation, to authorize the use of unapproved or uncleared medical products, or unapproved or uncleared
uses of approved or cleared medical products, following a determination and declaration of emergency. In other words, an EUA can allow for medical countermeasures (e.g., medicines, vaccines) to be used during the
declared emergency ?to diagnose, treat, or prevent serious or life-threatening diseases or conditions? caused by biological and other agents when ?no adequate, approved, and available alternatives? exist.

The HHS Secretary must declare an emergency based on certain criteria (e.g., a determination by the Secretary that a public health emergency exists or determinations of other specific types of emergencies by the
Secretary of Homeland Security or Secretary of Defense).The FDA Commissioner may then authorize an EUA after certain criteria are met (e.g., the Commissioner concludes that the agent specified in the emergency declaration can cause a serious or life-threatening disease, and that the known and potential benefits outweigh the known and potential risks of the product to diagnose, prevent, or treat the condition). Prior to authorizing an EUA, the FDA Commissioner consults with CDC and the National Institutes of Health (NIH), to the extent feasible during the emergency.

The HHS Secretary is required to publish notice of each determination of actual or potential emergency and his or her declaration of emergency in The Federal Register. Notice of the EUA (as well as a termination or
revocation of the EUA) is also published in The Federal Register.
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by firedmeup October 1, 2009 2:17 AM EDT
You know, I have a real hard time feeling sorry for some of you. How many of you carelessly vaccinated our children or stood by while it happened and now that it's you, it's a big deal. I don't wish forced vaccination on you or anyone, I am just sick of trying to remedy what vaccines have done to my son and I am sick of the medical community's denial and failure to admit that it even ever happens. Every time there is an obvious vaccine injury, there is always some news report saying there is no evidence of connection. Have you ever thought that maybe it is the best ethical decision NOT to work for them?
by be_not_afraid September 30, 2009 8:50 PM EDT
Commissioner Daines tells us that healthcare workers should not let their personal fears intrude upon their ability to treat their patients. I wholeheartedly agree with Anonymous' letter that I am insulted by this. In his open letter, the commissioner tells us that he was a practicing doctor during the beginning of the HIV epidemic and he insinuates that current healthcare workers cannot understand the feelings that were rampant at that time. Is he comparing the swine flu to the HIV epidemic? To me, this is just another tactic that he is using to inspire fear among the public regarding the dangers of the swine flu. All of the current research shows that the death rate of the H1N1 virus is less than that of the seasonal flu. The danger, most rational doctors will agree, would occur if the virus mutates. How would a vaccine against the current version of the H1N1 virus protect us from the mutated version? Isn't it possible that mass vaccinations against the current virus would encourage mutation?
In any case, I firmly believe that no matter how you feel about vaccinations, this case has to be looked at from a civil rights point of view. Does the government have the right to force people to be immunized, forsaking their religious beliefs or moral principles?
Thanks for the well written letter "anonymous" and stay strong!
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by MBelderkin September 30, 2009 8:01 PM EDT
Thank you Anonymous for your well written arguement. I am not a health worker, but I will join you in your fight for civil rights. The FDA approves drugs, and then takes them off the market on a much too regular basis. Shouldn't we trust out healthcare workers to make their own educated decision, not an agency that has proven to not be reliable? As a patient, when I am prescibed medication, I am also handed a list of possible side effects, and I can choose whether or not to take it. Now the people I turn to in need are NOT being informed of side effects (although it's not hard to find them) and NOT being given the choice of whether to take it.
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by LiveYourLifeinPeace September 30, 2009 7:26 PM EDT
In no way do I wish to detract from the argument that the response to Commissioner Daines presents. It seems that the news media in general as well as our elected and appointed officials are still not catching on to the real issue. Questions such as Will you take either shot, (regular flu and H1N1) both... and why? are still being posed as if all still have a choice. Whether you agree or disagree with the health care worker debate, the larger issue is basic human rights. Complacency, particularly in basic human rights, has never served our world's population very well. Hopefully all those who serve and have served can be at peace with what is happening in New York State and with the particular persons who believe they can play God. To those in charge of the health care facilities who have gone above and beyond by mandating vaccinations for all employees, ignoring the exemptions in the NYSDOH regulation, kudos to you for going above the almighty Commissioner Daines. Has the patients? bill of rights also fallen by the wayside? Where is the NYS attorney general in this debate? Has Mr. Cuomo launched an investigation and filed suit against the NYSDOH as well as all the health care facilities for the illegality of their actions? And where is our federal government? Do we not mix federal and state to stand up for our citizens and basic rights? Please believe that you do still have a choice and speak up before you do not.
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