<?xml version="1.0" encoding="UTF-8"?><rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
	
	xmlns:georss="http://www.georss.org/georss"
	xmlns:geo="http://www.w3.org/2003/01/geo/wgs84_pos#"
	
	>
<channel>
	<title>
	Comments on: &#8220;Parents Who Won&#8217;t Vaccinate Kid Sue Catholic Preschool&#8221;	</title>
	<atom:link href="https://www.overlawyered.com/2009/12/parents-who-wont-vaccinate-kid-sue-catholic-preschool/feed/" rel="self" type="application/rss+xml" />
	<link>https://www.overlawyered.com/2009/12/parents-who-wont-vaccinate-kid-sue-catholic-preschool/</link>
	<description>Chronicling the high cost of our legal system</description>
	<lastBuildDate>Tue, 05 Jan 2010 08:12:52 +0000</lastBuildDate>
	<sy:updatePeriod>
	hourly	</sy:updatePeriod>
	<sy:updateFrequency>
	1	</sy:updateFrequency>
	
	<item>
		<title>
		By: William Nuesslein		</title>
		<link>https://www.overlawyered.com/2009/12/parents-who-wont-vaccinate-kid-sue-catholic-preschool/comment-page-1/#comment-81555</link>

		<dc:creator><![CDATA[William Nuesslein]]></dc:creator>
		<pubDate>Tue, 05 Jan 2010 08:12:52 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=15328#comment-81555</guid>

					<description><![CDATA[Ed,

You may be too young to remember the iron lungs of the 1950&#039;s. My children had a nearly zero risk of being imprisioen in one of those machines. I and the American public thought the developers of Polio vaccines to be heroes, not nitwits.  

Where do we stop? With the nitwits who gave us CPSIA.  Sometimes government works well, some times it doesn&#039;t.]]></description>
			<content:encoded><![CDATA[<p>Ed,</p>
<p>You may be too young to remember the iron lungs of the 1950&#8217;s. My children had a nearly zero risk of being imprisioen in one of those machines. I and the American public thought the developers of Polio vaccines to be heroes, not nitwits.  </p>
<p>Where do we stop? With the nitwits who gave us CPSIA.  Sometimes government works well, some times it doesn&#8217;t.</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: Ed		</title>
		<link>https://www.overlawyered.com/2009/12/parents-who-wont-vaccinate-kid-sue-catholic-preschool/comment-page-1/#comment-81534</link>

		<dc:creator><![CDATA[Ed]]></dc:creator>
		<pubDate>Mon, 04 Jan 2010 18:17:17 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=15328#comment-81534</guid>

					<description><![CDATA[As I wrote, some vaccinations are prudent, but not all.
Your strawman argument of traffic lights has nothing to do with this topic. I will, however, address it. Yes I think that traffic lights are prudent. But even traffic lights come in a &quot;flashing yellow/red&quot; mode that requires you to choose the safest course of action.

My biggest problem/fear is that some feel that the government should FORCE vaccinations.
What else would you like the government to take complete control over in your life?
What you eat?
What you wear?
What you say?
Where do we stop?

You may be content to let a bunch of nitwits who cannot seem to be able to balance a checkbook run your lives, I am not.]]></description>
			<content:encoded><![CDATA[<p>As I wrote, some vaccinations are prudent, but not all.<br />
Your strawman argument of traffic lights has nothing to do with this topic. I will, however, address it. Yes I think that traffic lights are prudent. But even traffic lights come in a &#8220;flashing yellow/red&#8221; mode that requires you to choose the safest course of action.</p>
<p>My biggest problem/fear is that some feel that the government should FORCE vaccinations.<br />
What else would you like the government to take complete control over in your life?<br />
What you eat?<br />
What you wear?<br />
What you say?<br />
Where do we stop?</p>
<p>You may be content to let a bunch of nitwits who cannot seem to be able to balance a checkbook run your lives, I am not.</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: Malcolm Smith		</title>
		<link>https://www.overlawyered.com/2009/12/parents-who-wont-vaccinate-kid-sue-catholic-preschool/comment-page-1/#comment-81501</link>

		<dc:creator><![CDATA[Malcolm Smith]]></dc:creator>
		<pubDate>Sun, 03 Jan 2010 10:09:14 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=15328#comment-81501</guid>

					<description><![CDATA[Interesting to note that the parents were claiming religious discrimination, because they have a religious objection to vaccines. I wonder what makes them think they can send their child to a Catholic school, and not expect it to be run according to Catholic principles rather than theirs.]]></description>
			<content:encoded><![CDATA[<p>Interesting to note that the parents were claiming religious discrimination, because they have a religious objection to vaccines. I wonder what makes them think they can send their child to a Catholic school, and not expect it to be run according to Catholic principles rather than theirs.</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: David Schwartz		</title>
		<link>https://www.overlawyered.com/2009/12/parents-who-wont-vaccinate-kid-sue-catholic-preschool/comment-page-1/#comment-81474</link>

		<dc:creator><![CDATA[David Schwartz]]></dc:creator>
		<pubDate>Sat, 02 Jan 2010 05:40:41 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=15328#comment-81474</guid>

					<description><![CDATA[throckmorton: No. The legislature has specifically declined to create such a cause of action. The legislature has specifically permitted parents to opt out of vaccines. I don&#039;t think you can argue that a legal duty is breached in a case where the legislature has repeatedly expressly declined to create such a duty. (Except in an unusual situation, perhaps, where you can argue that such a duty was created in some other way.)]]></description>
			<content:encoded><![CDATA[<p>throckmorton: No. The legislature has specifically declined to create such a cause of action. The legislature has specifically permitted parents to opt out of vaccines. I don&#8217;t think you can argue that a legal duty is breached in a case where the legislature has repeatedly expressly declined to create such a duty. (Except in an unusual situation, perhaps, where you can argue that such a duty was created in some other way.)</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: William Nuesslein		</title>
		<link>https://www.overlawyered.com/2009/12/parents-who-wont-vaccinate-kid-sue-catholic-preschool/comment-page-1/#comment-81467</link>

		<dc:creator><![CDATA[William Nuesslein]]></dc:creator>
		<pubDate>Fri, 01 Jan 2010 20:03:56 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=15328#comment-81467</guid>

					<description><![CDATA[Ed,

I repeat part of my comment above. There is a parameter lambda that applies to vaccinations. A rather high lambda applied to polio. It relates to the minimum level of vaccinations  required for successful immunization. One&#039;s freedom to decline vaccinations affects all of society, and thus the State has the right require vaccinations from  high risk diseases. 

Obviously we can let people choose whether to obey traffic lights.  Did you study the cost/benefit of traffic lights?]]></description>
			<content:encoded><![CDATA[<p>Ed,</p>
<p>I repeat part of my comment above. There is a parameter lambda that applies to vaccinations. A rather high lambda applied to polio. It relates to the minimum level of vaccinations  required for successful immunization. One&#8217;s freedom to decline vaccinations affects all of society, and thus the State has the right require vaccinations from  high risk diseases. </p>
<p>Obviously we can let people choose whether to obey traffic lights.  Did you study the cost/benefit of traffic lights?</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: Ed		</title>
		<link>https://www.overlawyered.com/2009/12/parents-who-wont-vaccinate-kid-sue-catholic-preschool/comment-page-1/#comment-81404</link>

		<dc:creator><![CDATA[Ed]]></dc:creator>
		<pubDate>Thu, 31 Dec 2009 14:33:06 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=15328#comment-81404</guid>

					<description><![CDATA[&quot;Good to see someone finally standing up for their constitutional right to enter another’s private property for the express purpose of infecting the property owner’s associates with serious, preventable diseases.&quot;

Good to see someone finally standing up for the state&#039;s right to inject me with whatever they see fit. Heck, why not make all vaccinations mandatory. You line up everyone and give them the shots. If they refuse, arrest them and inject them. Now that is some universal health care for you.

And before you jump up and call me an ignorant ill informed &quot;religious moron&quot;, let me add that I do vaccinate. I choose, however, to be informed and to weigh the &quot;cost/benefit&quot; prior to accepting them for myself or my children.

Not all vaccinations are created equal. I do believe that some are absolutely required and prudent. Others, however, are knee-jerk and reactionary. For example, the swine flu virus. (or the &quot;regular&quot; flu, for that matter. How long have we been vaccinating for that, yet it still kills thousands every year in the US)

Also, vaccinations are not zero-risk. It is in your best interest to know what the risks are and to determine if they outweigh the benefits.

All that being said. I really don&#039;t think that the parents have a leg to stand on in this case. It is a private school and they are not required to accept applicants.]]></description>
			<content:encoded><![CDATA[<p>&#8220;Good to see someone finally standing up for their constitutional right to enter another’s private property for the express purpose of infecting the property owner’s associates with serious, preventable diseases.&#8221;</p>
<p>Good to see someone finally standing up for the state&#8217;s right to inject me with whatever they see fit. Heck, why not make all vaccinations mandatory. You line up everyone and give them the shots. If they refuse, arrest them and inject them. Now that is some universal health care for you.</p>
<p>And before you jump up and call me an ignorant ill informed &#8220;religious moron&#8221;, let me add that I do vaccinate. I choose, however, to be informed and to weigh the &#8220;cost/benefit&#8221; prior to accepting them for myself or my children.</p>
<p>Not all vaccinations are created equal. I do believe that some are absolutely required and prudent. Others, however, are knee-jerk and reactionary. For example, the swine flu virus. (or the &#8220;regular&#8221; flu, for that matter. How long have we been vaccinating for that, yet it still kills thousands every year in the US)</p>
<p>Also, vaccinations are not zero-risk. It is in your best interest to know what the risks are and to determine if they outweigh the benefits.</p>
<p>All that being said. I really don&#8217;t think that the parents have a leg to stand on in this case. It is a private school and they are not required to accept applicants.</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: dispatches from TJICistan &#187; Blog Archive &#187; Heh		</title>
		<link>https://www.overlawyered.com/2009/12/parents-who-wont-vaccinate-kid-sue-catholic-preschool/comment-page-1/#comment-81400</link>

		<dc:creator><![CDATA[dispatches from TJICistan &#187; Blog Archive &#187; Heh]]></dc:creator>
		<pubDate>Thu, 31 Dec 2009 14:17:06 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=15328#comment-81400</guid>

					<description><![CDATA[[...] http://overlawyered.com/2009/12/parents-&#8230; [...]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] <a href="http://overlawyered.com/2009/12/parents-&#038;#8230" rel="nofollow ugc">http://overlawyered.com/2009/12/parents-&#038;#8230</a>; [&#8230;]</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: William Nuesslein		</title>
		<link>https://www.overlawyered.com/2009/12/parents-who-wont-vaccinate-kid-sue-catholic-preschool/comment-page-1/#comment-81394</link>

		<dc:creator><![CDATA[William Nuesslein]]></dc:creator>
		<pubDate>Thu, 31 Dec 2009 10:08:41 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=15328#comment-81394</guid>

					<description><![CDATA[VMS comment is excellent, I have a couple of nit-pics.

There are at least three types of polio virus, and one of the three can cause polio when included in a live-virus vaccination.  That one particular strain was eliminated from the oral vaccine once it was eradicated and we have not had any polio in the United States in years.

Getting rid of polio a la smallpox is hindered by war lords and ignorant religious people.  I heard a talk on c-span about the eradication efforts from Bruce Aylward. The man, and his colleagues, are heroic. 

Kids get sick all the time. There was a report not very long ago by the English government taking great joy in reducing pre age 5 mortality from 60% down to 40%.  Sara B lives in a strange world where ignorant hysteria is held on par with modern medical science.  At least she vaccinates her own children.]]></description>
			<content:encoded><![CDATA[<p>VMS comment is excellent, I have a couple of nit-pics.</p>
<p>There are at least three types of polio virus, and one of the three can cause polio when included in a live-virus vaccination.  That one particular strain was eliminated from the oral vaccine once it was eradicated and we have not had any polio in the United States in years.</p>
<p>Getting rid of polio a la smallpox is hindered by war lords and ignorant religious people.  I heard a talk on c-span about the eradication efforts from Bruce Aylward. The man, and his colleagues, are heroic. </p>
<p>Kids get sick all the time. There was a report not very long ago by the English government taking great joy in reducing pre age 5 mortality from 60% down to 40%.  Sara B lives in a strange world where ignorant hysteria is held on par with modern medical science.  At least she vaccinates her own children.</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: throckmorton		</title>
		<link>https://www.overlawyered.com/2009/12/parents-who-wont-vaccinate-kid-sue-catholic-preschool/comment-page-1/#comment-81387</link>

		<dc:creator><![CDATA[throckmorton]]></dc:creator>
		<pubDate>Thu, 31 Dec 2009 03:30:40 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=15328#comment-81387</guid>

					<description><![CDATA[A question.  If parents choose not to vaccinate their child and that child contracts and spreads that disease to another child.  Can the second childs parents sue the first?  What if the kid spreads to all those on a aircraft?]]></description>
			<content:encoded><![CDATA[<p>A question.  If parents choose not to vaccinate their child and that child contracts and spreads that disease to another child.  Can the second childs parents sue the first?  What if the kid spreads to all those on a aircraft?</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: VMS		</title>
		<link>https://www.overlawyered.com/2009/12/parents-who-wont-vaccinate-kid-sue-catholic-preschool/comment-page-1/#comment-81386</link>

		<dc:creator><![CDATA[VMS]]></dc:creator>
		<pubDate>Thu, 31 Dec 2009 03:08:01 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=15328#comment-81386</guid>

					<description><![CDATA[Anytime the skin is pierced or a foreign substance introduced into the body (or any medical procedure done), there is a finite risk of an untoward complication. Fortunately, pre-vaccination benefit/risk of the vaccination program to both society and to each individual who is vaccinated  is so overwhelmingly in favor of vaccination that it is a no brainer to have one&#039;s children get the required vaccines. Currently, it is impossible to tell if any person will suffer an adverse consequence prior to vaccination unless they have had an adverse reaction before. I have personaly seen many people with paralysis from polio and nasty consequences from other now  preventable diseases. Polio at its peak infected about 55,000 Americans per year, and now the number is near zero. These diseases were widespread and their consequences usually serious. I have also seen  injuries from vaccination ranging from minor injection site tenderness to full blown Guillain-Barré syndrome, but any serious vaccination injuries are few and far between. It does however suck if you happen to be one of the unlucky few (in the magnitude of 1 in a million) who gets seriously injured.
A very small percentage of people are injured and an even smaller percentage die from required vaccinations, and for this HHS runs the National Vaccine Injury Compensdsation Program. Congress legislated this program so that the vaccine companies (or their product) would not get sued out of existence.
http://www.hrsa.gov/Vaccinecompensation/table.htm 

From the government website:
&quot;On October 1, 1988, the National Childhood Vaccine Injury Act of 1986 (Public Law 99-660) created the National Vaccine Injury Compensation Program (VICP). The VICP was established to ensure an adequate supply of vaccines, stabilize vaccine costs, and establish and maintain an accessible and efficient forum for individuals found to be injured by certain vaccines. The VICP is a no-fault alternative to the traditional tort system for resolving vaccine injury claims that provides compensation to people found to be injured by certain vaccines. The U. S. Court of Federal Claims decides who will be paid. &quot;

One cannot normally sue the manufacturer without first going through the VICP for covered vaccines. There are other programs for compensation for injuries suffered from other vaccines (e.g. seasonal flu vaccines) but those are not applicable here. 

To Sara B.: The things that are in vaccines that one may not want to put into one&#039;s body are vaccine contaminants (SV40 monkey virus) that infect the kidney cells of monkeys used to make some oral polio vaccines. Also, some people (very few) receiving live virus vaccines come down with the disease it is intended to prevent. Chemicals having long complicated names (polyhexinthisandthat) used in vaccines have a proven safey record, but they may turn off the mother who wants to raise her kid on an &quot;organic&quot; diet.]]></description>
			<content:encoded><![CDATA[<p>Anytime the skin is pierced or a foreign substance introduced into the body (or any medical procedure done), there is a finite risk of an untoward complication. Fortunately, pre-vaccination benefit/risk of the vaccination program to both society and to each individual who is vaccinated  is so overwhelmingly in favor of vaccination that it is a no brainer to have one&#8217;s children get the required vaccines. Currently, it is impossible to tell if any person will suffer an adverse consequence prior to vaccination unless they have had an adverse reaction before. I have personaly seen many people with paralysis from polio and nasty consequences from other now  preventable diseases. Polio at its peak infected about 55,000 Americans per year, and now the number is near zero. These diseases were widespread and their consequences usually serious. I have also seen  injuries from vaccination ranging from minor injection site tenderness to full blown Guillain-Barré syndrome, but any serious vaccination injuries are few and far between. It does however suck if you happen to be one of the unlucky few (in the magnitude of 1 in a million) who gets seriously injured.<br />
A very small percentage of people are injured and an even smaller percentage die from required vaccinations, and for this HHS runs the National Vaccine Injury Compensdsation Program. Congress legislated this program so that the vaccine companies (or their product) would not get sued out of existence.<br />
<a href="http://www.hrsa.gov/Vaccinecompensation/table.htm" rel="nofollow ugc">http://www.hrsa.gov/Vaccinecompensation/table.htm</a> </p>
<p>From the government website:<br />
&#8220;On October 1, 1988, the National Childhood Vaccine Injury Act of 1986 (Public Law 99-660) created the National Vaccine Injury Compensation Program (VICP). The VICP was established to ensure an adequate supply of vaccines, stabilize vaccine costs, and establish and maintain an accessible and efficient forum for individuals found to be injured by certain vaccines. The VICP is a no-fault alternative to the traditional tort system for resolving vaccine injury claims that provides compensation to people found to be injured by certain vaccines. The U. S. Court of Federal Claims decides who will be paid. &#8221;</p>
<p>One cannot normally sue the manufacturer without first going through the VICP for covered vaccines. There are other programs for compensation for injuries suffered from other vaccines (e.g. seasonal flu vaccines) but those are not applicable here. </p>
<p>To Sara B.: The things that are in vaccines that one may not want to put into one&#8217;s body are vaccine contaminants (SV40 monkey virus) that infect the kidney cells of monkeys used to make some oral polio vaccines. Also, some people (very few) receiving live virus vaccines come down with the disease it is intended to prevent. Chemicals having long complicated names (polyhexinthisandthat) used in vaccines have a proven safey record, but they may turn off the mother who wants to raise her kid on an &#8220;organic&#8221; diet.</p>
]]></content:encoded>
		
			</item>
	</channel>
</rss>
