Vaccinations

News & Analysis as of

Ebola Outbreak Likely To Revive The Mandatory Influenza Vaccine Debate This Flu Season

With the recent Ebola virus outbreak, we are reminded of how quickly deadly viruses can spread. In fact, the World Health Organization (WHO) recently declared the virus’ outbreak to be a “public health emergency of...more

Has Your Child Been Injured by a Vaccine?

The National Vaccine Injury Compensation Program (VICP) is a federal program available to adults and children who have been injured by childhood vaccines. Estate representatives of people who have died due to vaccine injuries...more

Federal Judge Upholds New York City Policy Barring Unvaccinated Students from Attending School During Periods of Disease Outbreak

On June 04, 2014, Judge William F. Kuntz II of the Eastern District of New York upheld a controversial New York City policy that prohibits unvaccinated children from attending school when a classmate becomes infected with a...more

USCIS Issuing Requests for Evidence for Expiring Medical Examinations

All applicants filing for adjustment of status to that of a lawful permanent resident, the final stage in the permanent residence or “green card” process, are generally required to file Form I-693, Report of Medical...more

USCIS Issues Policy Alert on Validity of Medical Examinations (Form I-693)

On Friday, May 30, 2014, U.S. Citizenship and Immigration Services (USCIS) reversed a longstanding policy of extending the validity of the physician endorsement on the Report of Medical Examination and Vaccination Record...more

The State of Vaccines Under the USPTO 101 Guidelines

In his State of the Union Address given on January 28, 2014, President Obama recognized the need for continued and increased investment in new technologies, including technologies specific to the biological and pharmaceutical...more

Hospitality Update, No. 4, December 2013: Wash Your *!&# Hands! Employers And The Flu

Almost 4.1 million employees missed work due to illness last January, which was the most since 2008. Even worse, the four-month peak season lasted through March, so the numbers continued to add up. Some years, absences...more

China Releases Vaccine Good Clinical Practices

On October 31, 2013, The China Food and Drug Administration (“CFDA”) promulgated a regulation titled Guiding Principles for the Quality Management of Clinical Studies on Vaccines (“Vaccine GCP”), with immediate effect. The...more

Healthcare Update, No. 4, November 2013: 'Tis The Season: Employers And The Flu

This flu season may be one of the worst in years, but the experts at the Centers for Disease Control and Prevention (CDC) cannot monitor its severity and scope because of the federal government shutdown. Unofficial flu...more

Mandatory Flu Vaccination Policies: Tips for the Upcoming Flu Season

As the summer comes to an end, the dreaded flu season, which impacts employers across the country, looms ahead. According to the Centers for Disease Control and Prevention (“CDC”), the flu season can begin as early as October...more

Unsuccessful Litigant Still Wins Fees Under Vaccine Injury Act

In Sebelius v. Cloer, the United States Supreme Court decided a closely watched attorney fee case arising under the National Childhood Vaccine Injury Act of 1986 (“the Act”). That Act established a no-fault compensation...more

Religious Institutions: June 2013

Do you know a "place of public accommodation" when you see it? Federal, state and sometimes local laws entitle persons to the full and equal employment of the goods, services, facilities, privileges, advantages and...more

Alabama Statewide Health Coordinating Council Update, May 2013

In This Update: - 1. Statewide Health Coordinating Council’s Freestanding Emergency Department (FED) Study Committee Meeting - 2. Full Statewide Health Coordinating Council (the “Council”) Meeting - A. ...more

The Side Effects of Mandatory Flu Vaccine Policies

Given the severity of the influenza outbreak this season, employers are dealing with worse than normal staffing and leave issues. One solution, aimed at cutting down on employee absences during flu season, is to require all...more

Federal Court Finds That Veganism May Constitute A Religious Belief

The flu season has started out strong this year, already reaching epidemic proportions. A public health emergency has been declared in Boston as flu cases skyrocket to levels 10 times higher than the 2011-2012 season. A mere...more

HIPAA Final Omnibus Rule Brings “Sweeping Change” to Health Care Industry

On January 17, 2013, the U.S. Department of Health and Human Services (HHS) announced the release of the HIPAA final omnibus rule, which was years in the making. The final rule makes sweeping changes to the HIPAA compliance...more

Data Security Obligations Continue to Tighten Under New HIPAA Rules

The Department of Health & Human Services released much-anticipated new rules January 17, which continue to tighten data security obligations for most companies. Specifically, HHS has modified existing Regulations (45 CFR...more

Vegan Employee May Proceed with Religious Discrimination Claim

A federal district court in Ohio has refused to dismiss a complaint for religious discrimination made by a hospital employee after the employee was fired for refusing to be vaccinated for the flu. The basis of the refusal to...more

Recent Ruling Demonstrates That You Might Find Religion Where You Least Expect It

A ruling from an Ohio federal court warns that a religious discrimination claim can arise from of a set of beliefs that an employer might not ordinarily equate with religion. In Chenzira v. Cincinnati Childrens’ Hospital...more

Supreme Court Sides With Vaccine Manufacturers; State-Law Design Defect Claims Preempted

The U.S. Supreme Court, in a 6-2 decision, ruled that the National Childhood Vaccine Act of 1986 (NCVIA) preempts state-law design defect claims against vaccine manufacturers. [See Bruesewitz v. Wyeth LLC, FKA Wyeth, Inc.]...more

Design Defect Claims Against Vaccine Manufacturers Are Preempted by Federal Law

On February 22, 2011, in Bruesewitz v. Wyeth, Inc., the U.S. Supreme Court held in a 7–2 decision that the National Childhood Vaccine Injury Act of 1986 (“Vaccine Act”) preempts all design defect claims brought against...more

Another Liability Shield for Vaccine Manufacturers: U.S. Supreme Court Rules that Design Defect Claims Against Vaccine...

On February 22, the Supreme Court issued its decision in Bruesewitz v. Wyeth, 562 U.S. __ (2011). The Court’s 6-2 opinion, written by Justice Scalia (Justice Kagan took no part in the decision), held that design defect claims...more

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