Whether or not legal liability will be assigned to parents of unvaccinated children has yet to be seen. However, vaccination exemptions may be harder to obtain in the future; already ten states have begun to promote legislation to this effect. Both Democrats and Republicans have introduced a wide range of legislation centered on the fact that most of the recent measles cases were in people not vaccinated against the disease.
According to a recent Reuters / Ipsos poll, 78% of Americans believe that all children should receive vaccinations, but in the past anti-vaccine organizations have thwarted legal efforts to cut down on the number of vaccination opt-outs. However, this time around lawmakers are optimistic about the chances of the vaccination bills passing and believe that recent media coverage of the measles outbreak will help their case.
So far in 2015 there have been four major outbreaks of the measles in the United States, resulting in over 170 diagnosed cases effecting 17 states and Washington D.C. This increase in the number of measles cases has served as a catalyst for the debate as to whether or not parents of unvaccinated children should be held liable for opting out of state immunization requirements based only on personal beliefs.The number of vaccination opt outs due to non-medical exemptions has been on the rise. Recent data has shown that California parents of kindergarteners are choosing not to vaccinate at over twice the rate from seven years ago. In most states it is fairly easy to get permission and a waiver not to vaccinate, and often just requires a checked box and signature stating that personal beliefs don’t allow for immunizations. In December 2014, Grand Traverse County, Michigan was hit by whooping cough outbreak and public health experts cited that Michigan’s vaccination opt out rate being three times higher than the national median was a main cause of the health scare.The vaccination disparity is a double edged sword. Proponents for vaccination requirements have argued that non-vaccinators should be held legally liable for their decision to opt-out of vaccinations if that decision causes harm to individuals and communities. While those against vaccination requirements have fought back with the argument that the state has given people the right to opt-out of vaccinating their children.
Whether or not legal liability will be assigned to parents of unvaccinated children has yet to be seen. However, vaccination exemptions may be harder to obtain in the future; already ten states have begun to promote legislation to this effect. Both Democrats and Republicans have introduced a wide range of legislation centered on the fact that most of the recent measles cases were in people not vaccinated against the disease.
According to a recent Reuters / Ipsos poll, 78% of Americans believe that all children should receive vaccinations, but in the past anti-vaccine organizations have thwarted legal efforts to cut down on the number of vaccination opt-outs. However, this time around lawmakers are optimistic about the chances of the vaccination bills passing and believe that recent media coverage of the measles outbreak will help their case.
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John Schutz
Partner at John F. Schutz, P.L.
Representing clients exclusively in family law cases for the past 24 years, Mr. Schutz is widely regarded as a marital and family law expert. He is Board Certified in marital and family law by The Florida Bar. As a Fellow of the American Academy of Matrimonial Lawyers (AAML), Mr. Schutz is committed to elevating the standards and improving the practice of family law.
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