(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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