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REFUSING THEIR OWN MEDICINE: Vaccination policy spurs legal action




When public health officials tell Americans to get vaccinated against potentially deadly influenza, they do so against this puzzling backdrop: Less than half of health care professionals become vaccinated themselves.

The National Health Interview Survey showed that 44 percent of health care professionals were vaccinated against the flu for the 2006-2007 flu season. The previous year, the number was just 42 percent. For the general public, the figure falls to less than 40 percent.


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  • "I knew it was low, but I didn't think the numbers were that low," said Dr. Dale Carrison, head of the emergency department at University Medical Center. "The sad thing is that if everybody in the country were immunized, the problem with seasonal flu would basically go away. And people in health care know that."

    That knowledge, according to Dan Davidson, a vice president of Sunrise Hospital and Medical Center, helped lead to a decision by the hospital's owners, Nashville-based Healthcare Corporation of America, to require hospital employees to be vaccinated or to wear surgical masks in patient areas if they are not vaccinated.

    "We want to protect our patients," said Davidson, adding that the policy is in effect at all 160 HCA hospitals in the United States.

    Davidson said the policy does not include vaccinations for the H1N1 flu, also known as swine flu, because of a shortage of the vaccine.

    New York, which had been the only state in the union to require health care workers to receive both seasonal flu and H1N1 vaccinations, backed off the policy a week ago because of the H1N1 vaccine shortage.

    The decision by HCA is one that until recently only a few U.S. hospitals had made, with Virginia Mason Hospital in Seattle being the first five years ago. More than 99 percent of hospital employees there now get vaccinated yearly.

    "It's something we did for the safety of our patients," said Alisha Mark, a spokeswoman for the hospital. "We believe it has worked."

    Just as the policy at Virginia Mason provoked a lawsuit, so has the policy at Sunrise and Southern Hills hospitals.

    Last week, the union representing local hospital nurses and other employees, Service Employees International Union Local 1107, sued HCA in U.S. District Court.

    "We don't think the vaccinations should be mandatory, and we don't think there should be discipline involved if an employee decides against a shot," said Fredo Serrano, a registered nurse at Sunrise and union representative. "But we believe health care employees should get vaccinated both for the good of patients and employees."

    There's a difference between believing something is right and forcing staff to undergo an injection, he said.

    In the case of Virginia Mason hospital, the court ruled that unionized employees did not have to be vaccinated, but they could be told to wear masks in certain areas of the hospital, Mark said. If that policy was not followed, discipline could result, as it could at Sunrise and Southern Hills.

    "Almost everybody decided to go ahead and get a shot," Mark said.

    Serrano said the Sunrise policy would invoke a progressive discipline system that could result in termination.

    No other hospital system in Clark County has such a policy.

    Officials with the Valley Health System, UMC, St. Rose Domican Hospitals and North Vista Hospital all say they strongly encourage personnel to get vaccinated but do not make it mandatory.

    "I think it's really hard to make things mandatory," said Audrianne Schneider, a spokeswoman for North Vista Hospital.

    If staff members choose not to be vaccinated, Schneider said, they need to take other precautions to protect the safety of employees and patients, such as hand-washing, good hygiene and recognizing their own flu symptoms.

    Tracy Puckett, director of infection control and clinical care at UMC, said hospital personnel there must always "follow infection control practices regarding anything that is contagious." That means if they are in close contact with an H1N1 patient for a procedure, they might wear gowns, surgical masks and gloves.

    MountainView Hospital, which also is HCA-owned, also follows the policy in effect at Sunrise and Southern Hills; the property, which is not unionized, is not mentioned in the lawsuit.

    Davidson said it appears that the policy at Sunrise, first announced in August to employees, has been working.

    "Over 90 percent of the Sunrise employees have been vaccinated," he said. Although that percentage is higher than in the past, he did not know how much higher.

    A certified nurse assistant at Sunrise who asked not to be identified Monday said she and her co-workers felt pressure to get vaccinated.

    She didn't want to take a flu shot because of a bad reaction several years ago, but did so because the alternative was a "hassle," she said.

    "You have to wear that uncomfortable mask all day, and if you get caught without it, you get into trouble," she said, adding that her peers don't believe the mask prevents the spread of the flu.

    "I think it's for looks," she said. "I don't think it does much of anything."

    In the hallways at Sunrise, almost all of the employees who dealt with patients had the orange sticker on their badges that signify they had been vaccinated.

    One of the employees wearing a mask did not wish to comment, and another said she wore the mask because she had a cold.

    "I've had my shot," she said.

    Dr. Julie Gerberding, the former director of the Centers for Disease Control and Prevention, tried unsuccessfully for years to make it mandatory for health care workers to be vaccinated against the flu, a position long taken by the National Foundation for Infectious Diseases.

    "It's the best way to protect patients and to protect the families of health care workers," said Len Novick, executive director of the foundation.

    More than 36,000 people die each year of the seasonal flu, according to the CDC.

    The CDC has reported that flu vaccine has been shown to prevent influenza in about 70 percent to 90 percent of healthy persons younger than 65.

    The federal health agency has also reported that vaccinating health care workers "has been associated with reduced work absenteeism and with fewer deaths among nursing home patients and elderly hospitalized patients."

    According to a 2009 CDC report on "Influenza Vaccination Coverage Levels," health care workers "who decline vaccination frequently express doubts about the risk for influenza and the need for vaccination, are concerned about vaccine effectiveness and side effects, and dislike injections."

    Serrano said health care workers don't get flu shots for the same reasons as everyone else.

    "We're all human, just like everybody else," said Serrano, who has gotten his seasonal flu shot but not the H1N1 vaccination.

    "It is true," UMC's Carrison added, "that a health care worker sees what happens when there is a bad side effect to a vaccination. That stays with them."

    Contact reporter Paul Harasim at pharasim@ reviewjournal.com or 702-387-2908. Contact reporter Mike Blasky at mblasky@reviewjournal.com or 702-383-0283.

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    trish wrote on December 06, 2009 01:16 PM: I have been a nurse for 30yrs-I contracted the flu in 1995 from a new pt who had 104F temp and coughed in my face--I never got the flu vaccine before then but I get it annually ever since-I was out of work for 2 weeks and infected my whole family-it was not good!! That pt should have put on a mask when she entered the hospital -which is now a policy where I work.
    I think it is a good idea for at risk individuals to get the flu vaccine-but I also respect the nurses individual right to decline it-we all practice universal precautions and are exposed on a daily basis to contagious diseases-the flu incident in my case was the second time I became ill from a pt-but I think since I have worked full time except for 2 maternity leaves
    for the last 30yrs-that is not a bad record-to ask nurses to wear masks if they decline the vaccine is ridiculous-we wear masks when we are exposed to pt who are coughing or who are identified as contagious and also make them wear a mask-we practice good hand washing and do not come to work when we are sick-if you are healthy and asymptomatic you are not a danger to your patients-I don't know too many nurses who would go around with flu symptoms at work and endanger their co-workers and patients-if the public knew what nurses do during one shift they would be amazed-it is a very difficult job both physically and mentally-and it is dangerous-so we know the risks and are intelligent people and make informed decisions-please don't insult us by insinuating that the nurses who chose not to get the vaccine don't have very good reasons.


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    The doctors escape everything! wrote on November 06, 2009 09:45 PM: What about the doctors?

    They never have to get drug screened either! I am so sick of this! I wish everyone in this city would stand up and insist the doctors that work in all of these hospitals get treated the same as all the other health care workers. They are the ones making the decisions. They are in as direct contact as anyone else!

    It is long overdue!!!


    Report abuse

    desai hepatitus give you ilness for the lowest costs wrote on November 03, 2009 07:22 PM:
    reuse the needles to save money.


    Report abuse

    kb wrote on November 03, 2009 02:07 PM: Blah, blah, blah...the government is trying to kill people with vaccines to make money. I don't trust the government. But I sure do hope this government-run health care plan passes.


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    P.P. Anny - also an RN wrote on November 03, 2009 12:03 PM: "RN wrote on November 03, 2009 06:41 AM:
    "It is true," UMC's Carrison added, "that a health care worker sees what happens when there is a bad side effect to a vaccination. That stays with them."

    Funny, all it took for me was to see one critically ill patient with swine flu. That stays with me. Perhaps you should interview some front-line RN's. Oh, yes, I got my shot."

    Exactly. I've witnessed deaths from H1N1 at my hospital also. It hits pregnant women horribly. I also had patient's who suffered from Guillain-Barre from the swine flu vaccine in the early 1980's. The big difference between then and now is this Swine flu is more potent. The vaccine now is differently developed - they learned from that vaccine and along with technological advances have vastly improved the vaccine.

    H1N1 and the regular flu COULD be virtually eliminated (similarly to polio, small pox, etc) if everyone would get vaccinated. I got my shot, and am making sure my family gets vaccinated.


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    Tim wrote on November 03, 2009 11:43 AM: The tragic side effects of this vaccine do not make liberal news i.e. CNN, NBC, CBS because it would mean that the World Health Organization would look bad and that is something that leftist liberals can't afford. Never mind if that news could save your life or the lives of your loved ones.
    ------------------
    I know you like to buy into the "liberal media" hype, but what we have here is the exact opposite of what you describe. Media are owned and controlled by a very few mega-conglomerates, all with very corporate, money-driven motives. The media are anything but liberal. It's well documented that over 50% of our news comes from PR agencies and other non-news sources; but the law does not require the media to reveal this. And in the case of swine flu and vaccines, the reason we do not get any coverage of the dangers of vaccines is precisely because large mega-conglomerates that stand to gain money from vaccines work very hard to ensure that the public does not get any negative information that might infringe on profits. How is that liberal media? Liberal media would be busting their butts to expose this kind of thing. Start using your cliches properly.


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    Victor wrote on November 03, 2009 11:43 AM: "...if everybody in the country were immunized, the problem with seasonal flu would basically go away..."

    If everyone would abstain from sex, HIV and teen pregnancy would go away. The typical response from a fascist is to make everyone do something for the greater good instead of exercising free will and judgement. Vaccination is an important part of preventive medicine, but it is up to the individual to decide for themselves whether or not they want to participate in vaccination.


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    Miles Monroe wrote on November 03, 2009 11:32 AM: WND as a source. Would you prefer the local SF paper story? It's not like this is a national secret say, like, Barack Obama's college transcripts, or his work at the Annenberg Challenge foundation. Now those are closely guarded secrets.

    http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/11/15/MNH713VISG.DTL


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    free medicine....scary once you realize that it is too late wrote on November 03, 2009 11:25 AM: http://www.flutrackers.com/forum/showthread.php?t=129433


    Report abuse

    shocking wrote on November 03, 2009 11:23 AM: when you are given a brand new drug for free, it’s called a ‘clinical trial’ not treatment.


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