Leah Durant | Vaccine Attorney - Vaccine Blog

First licensed in 2003, the live attenuated influenza vaccine (LAIV) nasal spray (sold under the brand name FluMist by MedImmune, a subsidiary of AstraZeneca) was seen as a revolutionary breakthrough. The first of its kind – and still the only nasal spray flu vaccine ever to receive approval from the Food and Drug Administration (FDA) – FluMist became a popular choice for vaccinating children in particular due to its avoidance of the risks associated with vaccine injections. In recent flu seasons, as many as one third of all children who received flu vaccinations received FluMist.

Now that back-to-school season is upon us, parents across the country are scheduling appointments to make sure that their children are up to date on their vaccinations. Is your child due for a vaccination before the first day of school? Here are the Centers for Disease Control and Prevention’s (CDC) recommendations for early childhood and teenage vaccinations...

What is a "reasonable accommodation" for a flu vaccine objector?

A new lawsuit brought by the EEOC, based on unique facts, raises questions about how far hospitals can go in imposing vaccine requirements on employees and then punishing those who do not fully comply.

An employee of Baystate Medical Center had sought a religious accommodation from a mandatory influenza immunization policy applicable to all employees. Workers were required to receive a flu shot or, alternatively, wear a facemask all the time.

The hospital said it fired the employee because she not only refused the flu vaccine but also sometimes pulled down the facemask so that she could speak clearly.

On July 1, 2016, one of the most fiercely-contested pieces of legislation went into effect in California-- the vaccination law known as Senate Bill 277. The passage of SB 277 effectively eliminated the long-standing and frequently cited personal and religious belief exemptions from childhood vaccination requirements.

Effective immediately, California schools cannot admit new students or advance students into the seventh grade without proof of vaccination. The only way around the vaccination requirement is a medical excuse, such as leukemia or other conditions for which vaccination would be contraindicated.

Each year, the federal government receives tens of thousands of reports of vaccine-related illness and injuries.  While the Centers for Disease Control and Prevention (CDC) report [f1] that, “the current U.S. vaccine supply is the safest in history,” it is still important to understand that although proven safe and effective, vaccines do not come without risk.

Although the vast majority of individuals who receive flu shots and other vaccinations experience no adverse effects, each year many people experience symptoms, from allergic reactions to

The Vaccine Adverse Event Reporting System (VAERS) is a program that allows vaccine manufacturers, healthcare providers, vaccine recipients and their families to report vaccine injuries. In recent years, reports under VAERS and the National Vaccine Injury Compensation Program have both been on the rise.

Should parents have the right to exempt their children from vaccinations for non-medical reasons?

There is an on-going global battle. And while it has been going on relatively low-key for many years in America, a few cases of measles in Disneyland in 2014 thrust the vaccine debate into the public limelight and resulted in legislation banning personal vaccine exemptions in California. Fortunately, philosophical vaccine exemptions are still available in most states—at least for now.

On one side of the battle, there are the people who support strict, unwavering adherence to the standard recommended schedule of childhood vaccinations. In the other camp, there are those who do not.

What new requirements may be imposed on families opposed to vaccination when children enter school or day care?

Parents who choose not to vaccinate the children for religious reasons often encounter resistance from schools and day care facilities. Now the State of Illinois has proposed new rules that would add obstacles for parents seeking to exercise their religious right to refuse vaccinations.

A "Certificate of Religious Exemption" Could Become Mandatory

The Illinois Department of Public Health has proposed that parents be required to obtain a “certificate of religious exemption” if they wish to avoid inoculations. The document would certify that a health care provider examined the child and reviewed with the parent all the benefits of getting vaccinated and the health risks to the both the student and community of refusing a vaccine for a communicable disease.

Parents would need to obtain the certificate for students when they enter kindergarten, sixth grade, and ninth grade, as well as when they are enrolling in a new school or child care program.

Thousands of individuals in the United States experience vaccine injuries every year. Unfortunately, many of these individuals are unaware of their right to seek financial compensation. In this article, we examine some of the statistics on vaccine injuries and provide real-life examples of what can happen when a vaccine causes someone harm.

If you have experienced a vaccine injury, you could be entitled to compensation under the National Vaccine Injury Compensation Program (VICP). In this article, vaccine attorney Leah Durant answers seven frequently-asked questions about how and when to hire a vaccine attorney.

Kansas Court Upholds Denial of Unemployment Benefits to Vaccine Objector

Is an employee who was dismissed for refusing a flu vaccine entitled to unemployment insurance payments?

In many workplaces, especially hospitals, workers may be required to receive a vaccine against influenza or the flu as a condition of continued employment. There may be limited exceptions for religious or medical reasons, and some workplaces allow conscientious objectors to wear a mask as an alternative under so-called "vaccine-or-mask" policies. Many, however, insist on a vaccine.

Employers Sometimes Reject An Employee's Stated Medical Reasons

When a hospital employee in Kansas gave her employer a brief note from her doctor asking to "defer" her flu shot, the hospital did not accept it as a valid medical excuse. The employee then sent a more detailed explanation, saying that an aunt of hers had passed away two weeks after being vaccinated for the flu and that, after immunizations, her grandson had suffered seizures and permanent brain damage.