Can you be sued for not vaccinating your kids

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Vaccine News(NaturalHealth365) Can you be sued if your unvaccinated child gets other kids sick? While this remains unclear, Arthur L. Caplan, Ph.D. – Sidney D. Caplan Professor of Bioethics at the University of Pennsylvania – insists that the law is set up to do this.

According to Caplan, if the CDC can prove that your child has spread measles then you should be responsible for damages associated to contracting the disease. The argument, presented in a Harvard Law School’s blog, “Bill of Health,” goes something like this:

If you know the dangers of measles or for that matter whooping cough or mumps, and you still choose to put others at risk should you be exempt from the consequences of that choice? I can choose to drink but if I run you over it is my responsibility. I can choose not to shovel the snow from my walk but if you fall I pay. Why should failing to vaccinate your children or yourself be any different?

When the subject is vaccines a tiny minority continue to put the rest of us at risk. We are willing to let them choose to do so without penalty. That should change. If I know you or your kid made mine sick because you chose not to vaccinate then you should bear full responsibility for the harm you knew or ought to have known could happen.

The man who started it all has deep roots in biotech

Using the “Journal of Law, Medicine, and Ethics,” Caplan initiated this discussion in late 2012 with his pointed review, “Free to Choose but Liable for the Consequences: Should Non-Vaccinators Be Penalized for the Harm They Do?” By posing a hypothetical scenario in which a choice not to vaccinate a child caused another child to die, Caplan et al. very cleverly argued that, “A prima facie case for civil liability exists under a theory of tortious negligence. There may also be the potential for criminal liability.”

Specifically, according to Caplan, “Tort liability provides a direct avenue [for parents] to seek recovery for the harm suffered as a result of [being infected by an child who has not been vaccinated].”

Caplan’s paper outlines the legal rationale for requiring parents to vaccinate their children to support “herd immunity:”

1. Under tortious negligence, American citizens are required to conform to a certain standards of conduct for the protection of others against “unreasonable risks.”
2. Parents breach that duty when they do not vaccinate their children.
3. Parents are liable for damages when breaching that duty causes harm.
4. The victims suffering damages in the form of medical expenses or death related to being infected by an unvaccinated child should be compensated for their loss.

Caplan’s influence cannot be underestimated

Chosen as USA Today’s 2001 Person of the Year and one of the ten most influential people in science and biotech by Discover and Nature Biotechnology magazines, Caplan’s voice is heard the world over.

Mainstream media forums like ”Slate” have caught wind of Caplan’s arguments and are dousing gasoline on the fire he has recently set aflame.

In their August 13 article, “Slate” insist that the fear over vaccinating your kids is “simply unfounded, and [your] decisions are putting other kids directly at risk. The bottom line is that the government’s interest in protecting children from getting the measles should trump parents’ interest in making medical decisions for their kids.”

So, it seems like the battleground for our freedom, to keep our families safe from harm, have been set.

To the courts we shall go!

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Sources:
http://www.slate.com/articles/news_and_politics/jurisprudence/2013/08/anti_vaxxers_why_parents_who_don_t_vaccinate_their_kids_should_be_sued_or.html
https://blogs.law.harvard.edu/billofhealth/2013/05/23/liability-for-failure-to-vaccinate/
http://www.academia.edu/2344148/Free_to_choose_but_liable_for_the_consequences_should_non-vaccinators_be_penalized_for_the_harm_they_do

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  • Joy

    Instead of suing the unvaccinated family, why don’t they sue the company that created the “bunk” vaccination that was supposed to protect them?

    • Suzy

      Good point, Joy! No common sense in state-sponsored monopolies.

    • Kelli

      Wonder why that never occurs to the “brilliant” pro-vacciners?

    • duh

      The people getting sick are those to young to have received the vaccine, not the vaccinated children.

  • Kirk V. Hansen

    If the vaccines are so effective, Why is it the vaccinated kids are the ones who are getting sick if they are supposed to be immunized and the non-vaccinated kids are generally still healthy???????

    • JD

      Exactly this is getting more ridiculous, this is just another way for the government to control its citizens and insist on vaccinating our children. The sick part is people are actually are listening to this crap.

    • omar

      i swear i was thinking the exact same thing.

  • PATRICK

    IT IS OBVIOUS THAT THIS CAPLAN IDIOT IS A STINKING COMMIE PUSHING
    THE PARTY LINE OF POPULATION REDUCTION.

  • seniorbutterfly

    Again, the government (FDA/Big Pharma) has us by the throat. Scientific evidence shows the harm of some vaccines that have mercury and have been know to be an allergen to some. But do they care? No. People die from having been vaccinated. Does the government care? No. I wonder just where the negative info is coming from. BIG PHARMA’s money hungry pockets!?

  • Jolene

    So if I can get sued if my child would infect someone, why can’t the pharmaceutical company be sued when their vaccine causes/infects a person?

  • Why is accountability only one way? These who know everything for a “fact” declare their superiority toward the underlings. My husband protects the health of our household by rejecting the free flu shots offered at his place of employment, but invariably, those employees who do get vaccinated end up getting sick within 2 weeks. Then they go to work to spread their vaccine-induced illness. That is the reality. And the rule is that this is repeated every year. We generally don’t contract the illness anymore, since we know to expect it and use protective measures. But the main theme of accountability only on one side seems to be some type of rule. Doctors and the medical profession don’t have to prove anything, and are free to do harm or do no good, but alternative or unlicensed practitioners are held to a higher standard. Why is that?

  • John J

    This is a great example of the idiocy coming from the pro vaccine lobby. If your child’s been vaccinated, what the hell do they have to be afraid of? Shouldn’t I be able to walk in spewing germs all over the ‘protected’ children without hurting them?
    What ‘exactly’ is the purpose of vaccinations if not to shield you from disease?
    Then again, you can squeeze a paper of hot coffee between your legs and sue the company who made it . . . and WIN in a US court of law!

  • Pathfinder

    Just 2 questions:
    1) How does your unvaccinated child get a vaccinated child sick? Doesn’t Big Pharma claim their vaccines are miracle drugs?
    2) Whom do you hold liable for rendering your unvaccinated child sick? Couldn’t the liability pass from one child to the next, to the next, ad infinitum?
    Let’s get real and take personal responsibility for our health

  • Kelli

    So does he know for sure that vaccines actually prevent disease or is he simply following the medical establishment? And what about a kid who “spreads” a disease despite being vaccinated? Oh, they never heard of vaccinated people becoming ill? Apparently the bioethics professor knows nothing about the real world and only lives in his elitist bubble.

    I’ll never know how shills like this even get recognition. Can I sue him for the deaths caused by medical ignorance of alternative therapies?

    • Kelli

      Really. I would like to sue the drug-pushing conventional medical establishment for their ignorance on alternative therapies.

  • Caryn Lipson

    So, what happens if someone was vaccinated and the vaccine fails or the immunity disappears after a few years like with the whooping cough?

  • finallywakingup

    Are you then going to let the family of the vaccinated child who cause the outbreak of measles at Disneyland also be liable for going out into public during their “contagious period” be sued for liability as well?