by Brenda Baletti, Ph.D., Childrens Health Defense:
A mother and her teenage daughter are suing a New York school district for denying the teen a medical exemption for the third Hepatitis B (Hep B) shot after seven different doctors and medical practitioners said the teen shouldn’t get the vaccine due to her serious medical conditions. Children’s Health Defense is funding the suit.
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Sarah and her mother, “Jane Doe,” allege that in addition to denying the 16-year-old reasonable accommodation, school officials have harassed, humiliated and harmed her. The normally happy and resilient girl is now so depressed she spends most of the day in bed and is falling behind in school.
The lawsuit, filed Monday against the Oceanside Union Free School District, its superintendent Dr. Phyllis Harrington and district physician Dr. Anthony Donatelli, alleges that by denying Sarah medical accommodation, the district is violating the New York State Human Rights Law, the Americans with Disabilities Act and Sarah’s state and constitutional rights.
Children’s Health Defense is funding the lawsuit.
“Oceanside’s denial of Sarah Doe’s medical exemption — despite warnings from multiple doctors and even a walk-in clinic refusing to vaccinate her due to her life-threatening conditions — is beyond outrageous,” plaintiffs’ attorney Sujata Gibson told The Defender.
“It’s a blatant disregard for her health and rights, reflecting a shocking crisis in how school districts are blocking valid medical exemptions, forcing families to choose between their child’s safety and education,” Gibson added.
On April 21, the parties in the lawsuit will attend an emergency court appearance, where the court will decide whether Sarah can return to school for the final quarter of the year while the case proceeds.
Gibson argues that allowing her to return to school for the final quarter “is critical to halt Sarah’s escalating crisis and prevent irreparable educational, psychological, and physical harm.”
Read More @ ChildrensHealthDefense.org
