Class action suit against parents who don't vaccinate their kids

COLUMBUS — The Ohio Department of Health, Knox County Health Department and the Centers for Disease Control and Prevention, have confirmed an outbreak of measles in the Knox County area.

At this time, the health agencies have confirmed 16 cases of the measles. The initial cases were from unvaccinated travelers who returned to Ohio from the Philippines. (source)

Anti-vaccination folks, if they are not among the mentally challenged, are what I call "educated idiots." It's funny how a little college education gives people the hubris to become experts outside their field. Are there medical people who think vaccination is related to various conditions, autism for example? Sure. Likewise, you will find the occasional physicist who thinks God created the universe.

However...

the vast majority of experts in epidemiology and medicine believe vaccination is important and don't hesitate at all to get their children vaccinated. Who should we follow? Actual experts and the practices they follow, or some paranoid tinfoil hat pseudoscience followers who may also believe the hollow earth theory.

Is it time to get tough when it comes to vaccination?

Maybe a class action suit against these people would be justified.

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Permalink Reply by Cameron on April 25, 2014 at 1:18pm

It would be interesting if something like that were to go forward. I'm wondering how that would play out legally. I would think that the use of financial penalties for refusing medical service or treatment would be a tricky case to make. To me it seems like it is a punishment for refusing to undergo a treatment, which is a patient's right. However, it's a little more complicated when I think about the fact that vaccination of children gets into the territory where the courts can rule that something is necessary for a kid.

I think it's foolish that people aren't vaccinating when they have the chance and resources. Hopefully the outbreaks that are happening now can be used to educate people on why it really is important.

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Permalink Reply by Unseen on April 25, 2014 at 1:39pm

Well, look, you may have a right but you are still responsible for the consequences of exercising that right if it results in an injury. For example, you have the right to drive but "I have a right to drive a car" isn't a defense if you injure someone or cause damages with your car.

It all depends upon what a court is willing to allow not only as an accusing class but as a defending class.

It would be a groundbreaking suit if allowed, and maybe it wouldn't be allowed if the courts started thinking about what similar suits it might open the door to.

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Permalink Reply by Obfuskation on April 25, 2014 at 1:51pm

I don't think a class action suit would be viable. I see consequences as falling inside the family, and outside the family.

In cases where something happened to the child of a parent who refused to vaccinate their child, then there could be a legitimate investigation for child endangerment.

In cases where a child wasn't vaccinated and gave a disease to other children, that would probably play out better as a civil suit. There are a lot of ambulance-chaser lawyers out there that would take the case, and take payment as a percentage of the settlement.