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Tuesday, February 9, 2010   22º F

Updated 10/15/2009 06:01 AM

Nurses hold rally against flu shot-mandate

By: Steve Ference

Health care workers were at the Capitol again to protest the state's requirement that they get both H1N1 and seasonal flu vaccines. As Steve Ference reports, it was a smaller number of protesters this time around, but their message was just as loud.

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ALBANY, N.Y. -- Dozens of health care workers were outside the state Capitol Wednesday, protesting the required season and H1N1 flu vaccinations, saying it's led to a culture of fear.

"I'm seven months pregnant," said Kristen Dawson. Nurses like her are being forced to get the vaccines by Nov. 30. New York is the only state with such a requirement.

"I want it to be a choice for me," said Dawson.

The nurses at the rally are concerned that the vaccines were fast-tracked during safety studies, concerned about the chemicals, concerned that vaccine-makers are shielded from lawsuits, and downright mad they have little choice but to take the vaccines.

Nurse Lorna Patterson said, "We're afraid of what's going to happen to the workforce."

This, as the legal pushback begins. The NYCLU has been critical of the mandate, and a group of Capital Region nurses are working for a special proceeding, hoping the state Supreme Court may at least temporarily stop the requirement.

Attorney Terence Kindlon said, "The objective of that special proceeding will be to stop this in its tracks."

But the Health Department says they're looking out for the public.

Spokeswoman Beth Goldberg released a statement saying, "The Department intends to vigorously defend this lawsuit. The Commissioner of Health and the State Hospital Review and Planning Council have clear legal authority to promulgate the mandatory influenza vaccination regulation to protect the public health. We are confident that the regulation will be upheld by the court...The Legislature of this State has charged the Commissioner of Health with the responsibility of making hospitals safe places to get well."

The questions becomes, how likely could it be for any of these legal maneuvers to succeed?

"Let's face it," said Kindlon. "We are up against all of the forces of big money and big government here."

As for the turnout at Wednesday's rally, organizers say the fear of workers losing their jobs is to blame.

"They're afraid to speak out; they're afraid to say no," said Patterson.

As many are left with few options, even though it's not always the one forced to get the vaccination who will be impacted.

Dawson said, "I feel like...it's a very hard decision to make."