Covid 19 Vaccine Refusal?

Last December, I wrote the blog Should a Covid 19 Vaccine be Mandatory? and concluded that:

“It is more likely that only certain groups of people may be required to take the vaccine like healthcare workers, universities and some employers. Even then, the Civil Rights Act of 1964 may help people who have a religious objection to a vaccine as well as anti-discrimination laws and exemptions for medical reasons. An employer would have to make a reasonable accommodation as long as it’s not too costly for the business.

It is also possible that airlines, stores and stadiums could also make vaccination a condition of doing business with a person.”

In March 2021, a Monmouth University poll showed that 25% of those polled would refuse the vaccine.

VACCINE REFUSAL NOW

After a concerted public effort to encourage Covid 19 vaccination, about 67 percent of Americans 18 and older had received at least one dose of a vaccine by July 4.

So far, the CDC (Centers for Disease Control and Prevention) recommends that everyone 12 years and older should get a Covid 19 vaccination but has not issued guidance on COVID-19 vaccines for children under 12.

But even though there is no federal requirement for Covid 19 vaccination, there are many colleges that require students have the Covid 19 vaccinations before arriving on campus.

However, according to CNN:

“at least seven states– Alabama, Arkansas, Florida, Indiana, Montana, Oklahoma and Utah — have enacted legislation this year that would restrict public schools from requiring either coronavirus vaccinations or documentation of vaccination status

and

“(a)s of June 22, at least 34 states had introduced bills that would limit requiring someone to demonstrate their vaccination status or immunity against Covid-19″

with

At least 13 states — Alabama, Arkansas, Florida, Indiana, Iowa, Kansas, Missouri, Montana, North Dakota, Oklahoma, Tennessee, Texas and Utah — have passed them into law.” (All emphasis added)

In addition, more than 150 staff members at Houston Methodist Hospital were fired or resigned in June after refusing to get vaccinated for COVID-19. They are now appealing a judge’s ruling that sided with the hospital’s right to terminate their employment.

According to an April 27, 2021 American Academy of Family Physicians article, four reasons for some health care workers’ hesitancy to get the vaccine are safety and efficacy concerns, preference for physiological immunity, distrust in government and health organizations and autonomy/ personal freedom.

Some people say they are worried about the reported side effects and adverse events on sites like VAERS (Vaccine Adverse Event Reporting System) included on the CDC (Centers for Disease Control) website as “an early warning system used to monitor adverse events that happen after vaccination” and “one of several systems CDC and the US Food and Drug Administration (FDA) use to help ensure all vaccines, including COVID-19 vaccines, are safe.” (VAERS’ reported adverse events can be found at Open VAERS.)

LEGAL CONSIDERATIONS

The March 5, 2021 National Law Review article Declining a Shot in the Arm: What Employers Should Do When Employees Refuse Vaccines regarding health care workers points out that:

“Remember that we are still under the vaccines’ Emergency Use Authorization (EUA) period. The EEOC has indicated that employers can require that employees get vaccinated, but the EUA statute contains some language saying that people have a right to refuse any vaccine during the EUA period. Courts have not yet decided the issue. So, there’s some legal risk for employers that choose to mandate that employees get vaccinated.

Most health care employers have decided to strongly encourage – but not require – employees to get vaccinated, partly out of concern that mandating the vaccine might lead to staffing shortages if enough employees refuse to get vaccinated and quit or are fired.”

The article also discusses religious and medical exemptions.

CONCLUSION

My husband and I received our Covid 19 vaccinations in March without any problems and recommended the vaccinations to our children with the caveat that they check with their doctors first, especially since some of our children and grandchildren have special situations.

Some received the vaccinations and some didn’t but we ultimately had to leave the decision up to them.

I am pleased that Covid 19 infections appear to be waning and that our family is healthy at present but I know that this is no time for any of us to be complacent about our health or our rights.

Should a Covid 19 Vaccine be Mandatory?

As the first Americans are receiving a Covid 19 vaccine, a December 5 2020 Gallup poll reports that 63% of Americans say they are willing to take the vaccine. 37% are less willing, including some groups like non-white people and Americans age 45-64. But the percentage of Americans currently willing to get vaccinated may still be below where public health experts want it.

Now, there is a proposed bill in New York to make getting the vaccine mandatory to get sufficient immunity if not enough people are voluntarily getting them.

Why are some people unwilling to get the vaccine?

As I wrote in my last blog “Ethics and the Production of Covid 19 Vaccines”, many people are concerned about the use of aborted fetal cells in some vaccines. I also included two lists of vaccines and whether or not such fetal cells were involved in their production. One list is from the Charlotte Lozier Institute and one is from the Children of God for Life organization. (The Charlotte Lozier Institute does disagree with the Children of God for Life organization on the Moderna vaccine.)

Other potential concerns are about the safety, side effects and the effectiveness of the vaccines.

EFFECTIVENESS AND SAFETY

A December 3, 2020 MedPage investigative article “Want to Know More About mRNA Before Your COVID Jab? states that “While an mRNA vaccine has never been on the market anywhere in the world, mRNA vaccines have been tested in humans before, for at least four infectious diseases: rabies, influenza, cytomegalovirus, and Zika.”

The Covid 19 vaccines use a synthetic mRNA, which is genetic information used to make the SARS-CoV-2 spike protein. When injected, the body produces a strong response to that protein to produce an immune response.

How long that response lasts is still unknown.

But, especially for certain groups of people, there are also concerns about safety.

According to the CDC (the U.S. Center for Disease Control) regarding immunocompromised patients such as those with HIV or who take immunosuppressive medications or therapies may take the vaccine but should be counseled about:

“– Unknown vaccine safety and efficacy profiles in immunocompromised persons
– Potential for reduced immune responses
– Need to continue to follow all current guidance to protect themselves against COVID-19″

Also according to the CDC, “There are no data on the safety of Covid 19 vaccines in pregnant women” but “Animal developmental and reproductive toxicity (DART) studies are ongoing” and more studies are planned.

Regarding breastfeeding, the CDC states that “There are no data on the safety of COVID-19 vaccines in lactating women or the effects of mRNA vaccines on the breastfed infant or milk production/excretion”

SIDE EFFECTS

In a Nov. 23, 2020 CNBC article “Doctors say CDC should warn people the side effects from Covid vaccine shots won’t be ‘a walk in the park, a group of doctors told the CDC to warn people that the Covid 19 vaccine shots now being rolled out may have “some rough side effects so they know what to expect and aren’t scared away from getting the second dose.”

And a December 9, 2020 article in the Wall Street Journal “Covid-19 Vaccines Pose Potential Side Effects, Doctors Say” reported that “U.K. authorities warn people with severe allergies against receiving the Pfizer-BioNTech shots, after two Britons experience allergic reactions.”

But a STAT news article a few days later on December 13, 2020, now reports that the CDC has changed its position from Persons who have had a severe allergic reaction to any vaccine or injectable therapy (intramuscular, intravenous, or subcutaneous) should not receive the Pfizer-BioNTech vaccine at this time(emphasis added) to that people who had “severe reactions to prior vaccines or injectable drugs can still get the Pfizer/BioNTech vaccine for Covid-19, but should discuss the risks with their doctors and be monitored for 30 minutes afterward”.

Another concern is that although states rely on the percentage of positive Covid 19 tests for lockdown and other orders, there are many kinds of tests and both false positive and false negative results have been reported.

No wonder many people are confused and anxious!

SHOULD COVID 19 VACCINES BE MANDATORY?

Now we are seeing Covid 19 vaccines being rapidly distributed and more Covid 19 vaccines are coming, including a Johnson and Johnson single dose Covid 19 vaccine that is in testing and the results may be known by January.

Currently, the health care workers and residents and staff of long-term care facilities have first priority for a Covid 19 vaccine.

Although states have the authority to regulate public health and they have in the past mandated vaccines for diseases like smallpox and some mandatory vaccines are required by states before children can attend school, it seems unlikely that there will be a federal mandate for the Covid 19 vaccine.

It is more likely that only certain groups of people may be required to take the vaccine like healthcare workers, universities and some employers. Even then, the Civil Rights Act of 1964 may help people who have a religious objection to a vaccine as well as anti-discrimination laws and exemptions for medical reasons. An employer would have to make a reasonable accommodation as long as it’s not too costly for the business.

It is also possible that airlines, stores, stadiums could also make vaccination a condition of doing business with a person.

CONCLUSION

The Covid 19 pandemic has taken a serious toll on everyone and we will not get back to “normal life” anytime soon, even with the Covid 19 vaccine.

But we still must make sure that any Covid 19 vaccines we take are ethical, effective and safe.