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Vaccine Law

(see Disease Control / Police Power / Reporting and Testing)

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Prevention of Varicella, Recommendations of the Advisory Committee on Immunization Practices (ACIP), MMWR June 22, 2007 / Vol. 56 / No. RR-4

Prevention and Control of Influenza, Recommendations of the Advisory Committee on Immunization Practices (ACIP), 2007

Quadrivalent Human Papillomavirus Vaccine, Recommendations of the Advisory Committee
on Immunization Practices (ACIP), March 12, 2007 / Vol. 56

Military Health: DOD's Vaccine Healthcare Centers Network. GAO-07-787R, June 29.

Sarah A. Lister, Pandemic Influenza: Domestic Preparedness Efforts, CRS Report for Congress Order Code RL33145, November 10, 2005 updated 2007

Emergency Measures to Manage the Flu Vaccine Shortage

Military Anthrax Vaccine Cases

Government Reports on Vaccines and Emergency Preparedness

National Childhood Vaccine Injury Act and information on the vaccine litigation crisis

Swine Flu Vaccine

Oregon Oregon Vaccine Education and Prioritization Plan

Text of the Federal 1813 vaccination agent act, appointing a vaccination agent to preserve the genuine vaccine matter and allowing it to be sent through the post for free.

Historical Documents

Vaccine Agent Act of 1813 - This law created federal vaccine agents to assure a supply of safe smallpox vaccine. It was soon abandoned.

Vaccine Cases

Court upholds FDA certification of anthrax vaccine - Rempfer v. Sharfstein, --- F.3d ----, 2009 WL 3076118 (D.C.Cir. Sep 29, 2009) - good discussion of the standard for reviewing an agency determination of a factual or scientific matter.

The Autism Decisions

Master's decision rejecting vaccines as a cause of autism - Snyder ex rel. Snyder v. Secretary of Health and Human Services, 88 Fed.Cl. 706, Fed.Cl., August 11, 2009 (NO. 01-162V) (appeal)- Cedillo v. Secretary of Health and Human Services, Not Reported in Fed.Cl., 2009 WL 331968, Fed.Cl., February 12, 2009 (NO. 98-916V) (appeal) - Hazlehurst ex rel. Hazlehurst v. Secretary, Dept. of Health & Human Services, 88 Fed.Cl. 473, Fed.Cl., July 24, 2009 (NO. 03-654V) (appeal)

Mead v. Secretary of Health and Human Services Case No. 03-215V, King v. Secretary of Health and Human Services Case No. 03-584V, Dwyer v. Secretary of Health and Human Services Case No. 03-1202V, US Federal Court of Claims, March 12, 2010 [rejecting three compensation actions brought in a coordinated omnibus proceeding by families of autistic children who had argued that their children's autism was induced by vaccines containing mercury-laden thimerosol.

Court approves FDA review of anthrax vaccine, allows military to continue vaccinations - Rempfer v. Eschenbach, Civil Action No. 06-2131, District Court, DC (February 29, 2008)

Good analysis of liablity for oral polio vaccines - Graham v. American Cyanamid Co., 350 F.3d 496, 2003 Fed.App. 0423 (6th Cir. 2003) - for related cases, see Physician fails in emotional distress claiming against drug manufacturer for injury to patient - Fetick v. American Cyanamid Co., 38 S.W.3d 415 (Mo. 2001), Causation in medical malpractice cases (vaccine) - Callahan v. Cardinal Glennon Hosp., 863 S.W.2d 852 (Mo. 1993), and Establishing duty under the FTCA (polio vaccine) - United States v. St. Louis University, 336 F.3d 294 (4th Cir. 2003)

Plantiff must file vaccine comp act claim before filing tort claim - McDonald v. Lederle Laboratories, 341 N.J.Super. 369, 775 A.2d 528 (N.J.Super.App.Div. 2001) (also has a good review of the National Childhood Vaccine Injury Act)

Physician's Duty to Warn of Possible Vaccine Injuries - Tenuto v. Lederle Laboratories, Div. of American Cyanamid Co., 90 N.Y.2d 606, 687 N.E.2d 1300, 665 N.Y.S.2d 17 (N.Y. 1997)

Good review of religious exceptions to mandatory vaccinations - Matter of Christine M., 157 Misc.2d 4, 595 N.Y.S.2d 606 (N.Y.Fam.Ct. 1992)

CDC Assumes Liability for Warning of Vaccine Side-effects - Mazur v. Merck & Co., 964 F.2d 1348 (3rd Cir. 01-23-1992)

Governmental Liability for Rabies Contracted by Lab Worker - Andrulonis v. United States, 924 F.2d 1210 (2nd Cir. 01-28-1991)

Governmental Immunity and Discretionary Authority - Berkovitz by Berkovitz v. U.S., 486 U.S. 531 (1988) - Governmental liability for improperly certifying polio vaccine.

Compensation for failing to warn about risk of smallpox vaccination to immunosuppressed child - Rozier v. Department of Public Health, 161 Mich.App. 591, 411 N.W.2d 786 (Mich.App. 1987)

Liability for Swine Flu Vaccine - Unthank v. United States, 732 F.2d 1517 (10th Cir. 1984)

Good collection of cases on workers compensation for vaccinations and preventive treatment - Maher v. Workers' Compensation Appeals Board, 33 Cal. 3d 729, 661 P.2d 1058, 190 Cal. Rptr. 904 (Cal. 1983)

Inadequate warning for Sabin polio vaccine - follows Reyes - Givens v. Lederle, 556 F.2d 1341 (5th Cir. 1977)

Court Rejects Nurses as Learned Intermediaries for Mass Immunizations - Reyes v. Wyeth Laboratories, 498 F.2d 1264 (5th Cir. 07-31-1974)

Mass Immunization Exception to the Learned Intermediary Defense - Davis v. Wyeth Laboratories, Inc., 399 F.2d 121 (9th Cir.(Idaho) Jan 22, 1968)

State Court Reaffirms Rejection of Religious Exception to Vaccination of a Child - Wright V. Dewitt School District, 238 Ark. 906, 385 S.W.2d 644 (Ark. 1965)

State Court Rejects Religious Objection to Child's Vaccination - Cude v. State, 237 Ark. 927, 377 S.W.2d 816 (Ark. 1964)

Early Vaccine Injury Case - Cutter Incident Vaccine - Gottsdanker v. Cutter Laboratories, 182 Cal.App.2d 602, 6 Cal.Rptr. 320, 79 A.L.R.2d 290 (Cal.App. 1 Dist. Jul 12, 1960)

Insurer must pay accidental death benefit for smallpox vaccine injury - Korfin v. Continental Casualty Co., 74 A.2d 312, 5 N.J. 154 (N.J. 1950)

Smallpox vaccine injury from workplace vaccination is covered by worker's compensation - Saintsing v. Steinbach Co., 64 A.2d 99, 1 N.J.Super. 259 (N.J.Super.App.Div. 1949)

Prince v. Massachusetts, 321 U.S. 158 (1944) - Supreme Court finds child protection laws, including vaccination, supersede parental religious freedom.

Injury from smallpox vaccine administered by employer is covered by worker's compensation - Neudeck v. Ford Motor Co., 249 Mich. 690, 229 N.W. 438 (Mich. 1930)

Was the health department given the authority to exclude unvaccinated childern from school? - Burroughs v. Mortenson, 143 N.E. 457 (Ill. 1924)

Public schools may exclude unvaccinated students - Zucht v. King et al., 260 U.S. 174 (1922)

Jacobson v. Commonwealth of Massachusetts, 197 U.S. 11 (1905) - Classic public health police power case involving the right of the state to require smallpox vaccination.

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