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HuckleB

(35,773 posts)
Thu Jan 29, 2015, 09:07 PM Jan 2015

The Disneyland measles crisis: how to make negligent parents pay

http://touch.latimes.com/#section/-1/article/p2p-82660358/

"The continuing and spreading outbreak of measles traced originally to visitors to Disneyland and Disney's California Adventure park revives the questions of who should be held responsible, and how they should be made to pay for the injury and illness they've caused.

Here's one suggestion, offered Thursday by science writer Alex Berezow in a USA Today op-ed: "Parents who do not vaccinate their children should go to jail." That may be an extreme remedy, but Berezow's notion that non-vaccinating parents should shoulder the responsibility for their actions is widely shared among legal experts and bioethicists.

...


There are few scientific, legal or ethical obstacles to holding non-vaccinating parents responsible to outbreaks caused by exposure to their infected family members. Medical and epidemiological science is sufficiently advanced to identify the source of transmission from one infected individual to another in many cases and establish a causal link sufficient to stand up in court.

"Liability could certainly exist if a parent simply chose not to vaccinate his child and a death results," bioethicist Arthur L. Caplan and several colleagues argued in a 2012 paper. Even if state law permits the exemption, that may not protect the parent from liability, they said.

..."


------------------------------------

Here's a link to the paper to which the article refers:

Free to Choose but Liable orthe Consequences:Should Non- Vaccinators Be Penalized or theHarm They Do?
http://www.academia.edu/2344148/Free_to_choose_but_liable_for_the_consequences_should_non-vaccinators_be_penalized_for_the_harm_they_do

------------------------------------


Yes, the matter is complex, but the more harm that is done by the anti-vaccine movement, the less complex it becomes, IMO.

29 replies = new reply since forum marked as read
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The Disneyland measles crisis: how to make negligent parents pay (Original Post) HuckleB Jan 2015 OP
I would not be opposed to charging parents with child endangerment Agnosticsherbet Jan 2015 #1
Exactly! HuckleB Jan 2015 #4
I agree FLPanhandle Jan 2015 #12
Well said! n/t RKP5637 Feb 2015 #26
Specifically, the anti-vax parents ought to be charged with child endangerment at least meow2u3 Feb 2015 #27
Kick.... daleanime Jan 2015 #2
No more fast pass for them!!! hollysmom Jan 2015 #3
If we cite non-vaxxers, then what to do with non-vaxxing unregistered immigrants and poor people? NYC_SKP Jan 2015 #5
Undocumented Immigrants do not refuse vaccination. Agnosticsherbet Jan 2015 #7
Undocumented Immigrants consistently refuse publicly provided services out of fear. NYC_SKP Jan 2015 #8
We could ammend the immigation system so workers could more easily get work permits Agnosticsherbet Jan 2015 #11
It's a public health issue. That's why schools address this very concern. HuckleB Jan 2015 #17
I'm not optimistic. "Public Health Issue" is regularly used to workaround matters of civil rights. NYC_SKP Jan 2015 #20
"Civil Rights" include the right to not unnecessarily be exposed to preventable diseases, HuckleB Feb 2015 #24
Vaccines should be free for poor families meow2u3 Feb 2015 #28
Except that for many, cost isn't the issue, fear of deportation is, or may be. NYC_SKP Feb 2015 #29
Better throw those Disney EMPLOYEES Parents in jail HockeyMom Jan 2015 #6
Yeah, what use are professional epidemiologists when I've got a Google machine?! NuclearDem Jan 2015 #9
Thanks for your usual anti-vaccine misinformation. HuckleB Jan 2015 #15
3% of the vaccinated never develop immunity -- that complicates this a lot GreatGazoo Jan 2015 #10
There is a very real difference between knowingly putting people at risk, and... HuckleB Jan 2015 #16
Exactly but what if it turns out to be someone in that 3% who vaccinated and still has no immunity GreatGazoo Jan 2015 #19
You still don't get it. NuclearDem Jan 2015 #21
If 100% of children were vaccinated HockeyMom Jan 2015 #22
Herd immunity requires the vast majority of an entire population to be immunized. NuclearDem Jan 2015 #23
If you understood herd immunity, you would know how unlikely that would be. HuckleB Feb 2015 #25
My son exhibits some sensitivity to vaccines lostnfound Jan 2015 #13
You're the parent. Everything is your fault. jeff47 Jan 2015 #18
Never going to happen this way because...freedom daredtowork Jan 2015 #14

Agnosticsherbet

(11,619 posts)
1. I would not be opposed to charging parents with child endangerment
Thu Jan 29, 2015, 09:10 PM
Jan 2015

unless their children are among those few who can not be vaccinated due to health problems.

If my children could not be vaccinated, I would use the fullest extent of the law to keep my child safe form anti-intellectual anti-science anti-vaxers.

meow2u3

(24,771 posts)
27. Specifically, the anti-vax parents ought to be charged with child endangerment at least
Mon Feb 2, 2015, 05:18 PM
Feb 2015

If their child, or another child the kid infected, dies from any disease preventable by vaccination, the parents should be charged with manslaughter, unless the child cannot be vaccinated due to medical reasons.

 

NYC_SKP

(68,644 posts)
5. If we cite non-vaxxers, then what to do with non-vaxxing unregistered immigrants and poor people?
Thu Jan 29, 2015, 09:17 PM
Jan 2015

How do we sort out those poor people from poor households who fall through the cracks one way or the other, though fear INS or, is citizens, might be illiterate or otherwise ignorant of the law and of what constitutes proper care?

Agnosticsherbet

(11,619 posts)
7. Undocumented Immigrants do not refuse vaccination.
Thu Jan 29, 2015, 09:26 PM
Jan 2015

It is likely in their country of origin, the very poor are not vaccinated due to lack of healthcare and extreme poverty. Money could be provided to local free clinics that service the Undocumented Immigrant populations in order to vaccinate everyone that walks through the door. The children of illegal immigrants attending schools could be covered state funds.

Anti-vaxxers have specifically refused to vaccinate themselves or their children. They are blatantly irresponsible.

Schools should require a complete and up to day vaccinations unless a doctor signs a wavier stating the child's physical health would be compromised if given a vaccine.

 

NYC_SKP

(68,644 posts)
8. Undocumented Immigrants consistently refuse publicly provided services out of fear.
Thu Jan 29, 2015, 09:35 PM
Jan 2015

How do you propose we identify the ones who refuse on grounds of their beliefs?

Should we grill them and hold them responsible only if they admit that they don't believe in vaccination?

It's just unworkable and violates the first amendment and other civil safeguards in multiple ways.

Agnosticsherbet

(11,619 posts)
11. We could ammend the immigation system so workers could more easily get work permits
Thu Jan 29, 2015, 09:49 PM
Jan 2015

and then they would not be in fear of being deported for showing up at a free clinic. That , of course, would cost money to the many employers who use undocumented labor to keep their profits higher.

Of course, the permit would require a full spectrum of vaccinations.

HuckleB

(35,773 posts)
17. It's a public health issue. That's why schools address this very concern.
Fri Jan 30, 2015, 12:49 PM
Jan 2015

It's very workable, and does not appear to be a first amendment issue. It's no different than giving tickets to people for failing to buckle their kids into their vehicles appropriately.

 

NYC_SKP

(68,644 posts)
20. I'm not optimistic. "Public Health Issue" is regularly used to workaround matters of civil rights.
Fri Jan 30, 2015, 04:02 PM
Jan 2015

You can expect to see people object to this, the same people who make sure that students are allowed to attend school without their parents' documented citizen status being called into question.

I think it's going to become complicated.

HuckleB

(35,773 posts)
24. "Civil Rights" include the right to not unnecessarily be exposed to preventable diseases,
Mon Feb 2, 2015, 04:53 PM
Feb 2015

at least in my book.

meow2u3

(24,771 posts)
28. Vaccines should be free for poor families
Mon Feb 2, 2015, 05:20 PM
Feb 2015

This way, it eliminates cost as an excuse for parents not to vaccinate their children.

 

NYC_SKP

(68,644 posts)
29. Except that for many, cost isn't the issue, fear of deportation is, or may be.
Mon Feb 2, 2015, 09:20 PM
Feb 2015

It would be a challenge to launch, successfully, any effort to get the word out that the program is free AND confidential.

The program can't, of course, work terribly well if it's entirely anonymous, though I guess that would be better than nothing.

I don't have answers, I'm just making observations.

It's interesting to watch which movements, issues, and efforts Libertarians keep in common with many on the left.

Among these are open borders and drug decriminalization. But when it comes down to how to manage things like paying for programs, it all falls apart.

Another interesting meta sort of thing to observe is the impact that technology and modernity has on these things: I guess we'll never go back to a nation by nation set of laws, values, etc. Economics require globalization of markets, I guess, and on the social values side open borders makes sense there, too.

Sad thing is that we end up losing unions, benefits, environmental standards in exchange for being part of the global economy and society.

I don't think it's worth it. I would prefer maintaining a protectionist economy and society.

We used to be that.

That was then, this is now.

 

HockeyMom

(14,337 posts)
6. Better throw those Disney EMPLOYEES Parents in jail
Thu Jan 29, 2015, 09:22 PM
Jan 2015

for refusing to vaccinate their little children. Maybe you should look at the government sites and see exactly WHO is spreading measles. 61% adults. http://www.cdph.ca.gov/HealthInfo/discond/Pages/Measles.aspx

Little children with selfish parents? Only thing is that Disney equal little children. Media likes that one because it makes good headlines, but stats don't bear this one out.

http://www.nbcnews.com/health/health-news/have-you-had-your-measles-shot-maybe-you-need-another-n290786


Do you homework FIRST before believing what media, and health officials, tell you.

 

NuclearDem

(16,184 posts)
9. Yeah, what use are professional epidemiologists when I've got a Google machine?!
Thu Jan 29, 2015, 09:39 PM
Jan 2015


Those damn health officials!

GreatGazoo

(3,937 posts)
10. 3% of the vaccinated never develop immunity -- that complicates this a lot
Thu Jan 29, 2015, 09:49 PM
Jan 2015

One can be vaccinated AND contract and spread measles.

You could have 30,000 people at Disneyland, all of the them vaccinated twice with MMR and 900 of them could still be carriers and/or potential infectees.

HuckleB

(35,773 posts)
16. There is a very real difference between knowingly putting people at risk, and...
Fri Jan 30, 2015, 12:46 PM
Jan 2015

... actually working to keep people from getting disease. Also, herd immunity. I'm sure you've heard of it.

GreatGazoo

(3,937 posts)
19. Exactly but what if it turns out to be someone in that 3% who vaccinated and still has no immunity
Fri Jan 30, 2015, 01:39 PM
Jan 2015

that started the Mickey measles? Who should be sued then?

 

NuclearDem

(16,184 posts)
21. You still don't get it.
Fri Jan 30, 2015, 05:30 PM
Jan 2015

The point of herd immunity in a situation like this is that even if there were someone infected, the disease wouldn't have enough vulnerable people in the population to spread.

So if someone in that 3% enters an area where the number of people with immunity has surpassed the threshold for herd immunity, the disease wouldn't spread to vulnerable people. It has a very high chance of reaching people who have developed immunity, and whose systems shut down the disease and prevent them from becoming hosts.

If that same person arrived in an area where the threshold for herd immunity has not been reached, the disease has many more vulnerable potential hosts to spread from. Instead of only a 3% chance of the disease finding a new host, there's now a 15-25% chance of it doing so.

 

HockeyMom

(14,337 posts)
22. If 100% of children were vaccinated
Fri Jan 30, 2015, 10:22 PM
Jan 2015

would that achieve Herd Immunity? Mr. Jones goes overseas, not being fully vaccinated himself, brings back something into the states. If all the little children were vaccinated, would herd immunity prevent a disease from spreading with just children being vaccinated?

My point being can herd immunity be achieved without ADULT vaccination? Why do you all assume that childhood vaccination is going to achieve that herd immunity?

How do you profess to force all vaccinations on the adult population? This is where the concept of herd immunity falls flat on its face.

Take away these little children whose parents refuse to vaccinate them, and make the kids get vaccinated. Now what do you do with their unvaccinated parents???

I think you cannot see the forest for the trees.

 

NuclearDem

(16,184 posts)
23. Herd immunity requires the vast majority of an entire population to be immunized.
Fri Jan 30, 2015, 10:27 PM
Jan 2015

Adults who refuse to vaccinate either themselves or their children detract from reaching that threshold.

You still can't see that your refusal to vaccinate affects the rest of us.

HuckleB

(35,773 posts)
25. If you understood herd immunity, you would know how unlikely that would be.
Mon Feb 2, 2015, 04:56 PM
Feb 2015

You also fail to recognize that if the three percent were the only ones at risk, we wouldn't be facing this outbreak.

lostnfound

(16,189 posts)
13. My son exhibits some sensitivity to vaccines
Fri Jan 30, 2015, 12:28 AM
Jan 2015

After the MMR shot in particular, he was suddenly uncoordinated, stumbled around, appeared confused, had a swollen abdomen for a couple of days and more or less stopped talking and language development for about a year. i was scared to death that he had been damaged. My mom survived polio back in the late 1920s so i wouldn't dream of skipping vaccines altogether, but the MMR shot was scary.

It just sucks how easy it is for people to fault parents for every dang thing they do and don't do. It's exhausting to be constantly criticized when you're doing the best you know how.

jeff47

(26,549 posts)
18. You're the parent. Everything is your fault.
Fri Jan 30, 2015, 12:59 PM
Jan 2015

That's one of the features of being legally responsible for another human being. It isn't much fun.

Imagine your son was similarly "damaged" by a drunk driver. Would you say "well, they have the right to consume alcohol, and I don't want to blame them for every dang thing they did"?

This is utterly preventable harm. We had eradicated measles in 2000. Anti-vaxxers brought it back, because they want to believe charlatans out to take their money more than they want to believe their doctors.

daredtowork

(3,732 posts)
14. Never going to happen this way because...freedom
Fri Jan 30, 2015, 12:46 AM
Jan 2015

Yes it's easy to loosely connect a child dead from measles to any one of several non-vaccinated children carrying measles in the vicinity.

It's also easy to connect death to starvation, or, more indirectly, to the chronic diseases caused by malnutrition by lack of access to food. What about homelessness causing exposure to the elements, crime, and other stresses? Does that impose a responsibility upon the rest of society to spring into action and avoid causing their neighbor's death? Apparently, no. Because...freedom.

And there's that whole annoying freedom-from vs. freedom-to thing. Apparently those coddled Europeans enjoy freedom *from* things like diseases. "Exceptional" Americans enjoy freedom *to* inflict whatever the heck they want.

(This general state of things is only lifted when a crying child appears on TV - then moral panic sets in, everyone points fingers for a few minutes and tries to get the opposing political party overthrown, and then the media cycle ends and we revert to the regularly scheduled programming.)

If you have a new argument that will back both plays, I'm listening.

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