NY Punishes Doc, MD Threatens Parents for Vaccine Refusal

by Barbara Loe Fisher

Last month, the state of New York slapped a $10,000 fine and State-ordered supervision of a pediatrician practicing in the Upper West of New York City, who helped parents get their children in school without all the state-mandated vaccines. Pediatrician Mark Nesselson said he did it because of the parents' and his concerns about the long term health risks of giving children so many vaccines. He is quoted in the Nov. 25 New York Post as saying "The central issue
has not gone away. For me, that is the merit behind mandating immunizations that start so early, that are so numerous."

http://www.nypost.com/seven/11252007/news/regional
news/needle_nos_doc_slapped_277737.htm

The report of New York State officials punishing a pediatrician with fines for failing to vaccinate children comes on the heels of media reports last week chronicling the actions by Maryland State officials punishing parents, whose children had not shown proof of hepatitis B and chickenpox vaccinations, with
threats of fines and jail time.


http://wash
ingtontimes.com/apps/pbcs.dll/article?
AID=/20071120/METRO/111200050/1004


There is a spirited public discussion taking place on the website boards of print and broadcast media outlets reporting on doctors and parents, who
are being threatened and harassed by state government officials for failing to get all state mandated vaccines. It is clear that a growing number
of Americans do not like being forced to get so many vaccines for their children. When 1 in every 100 to 150 American child develops autism and 1 in 6 is learning disabled and 1 in 9 has asthma, it is no wonder that American parents are asking: Why are so many of our highly vaccinated children so sick? And it is no wonder more parents and enlightened physicians are seeking ways to make vaccine choices that do not conform with one-size-fits-all federal vaccine policy
recommendations and state vaccine mandates.



Whenever the heel of the boot of the State is used to crush legitimate dissent, the more people will question why it is necessary to keep the people in
chains. For more than 25 years, the parents of vaccine injured children have been calling on public health officials to institute vaccine safety and informed consent protections in the US mass vaccination system so that Americans can make informed, voluntary decisions about vaccination. The public
health crisis today is very much about one-size-fits-all vaccine policies that compel children to use dozens of doses of vaccines that have not protected their long term good health.


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

FAKER: Dr. Mark Nesselson admitted falsifying
records for families worried about the documented
health risks of vaccinations.


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Summoned: Parents in Prince George's County, Md.,
were ordered to appear at a court hearing Saturday to
prove their child was in compliance with immunization
requirements.


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

"Dr. Mark Nesselson was fined $10,000 by a state disciplinary panel this month and told he can practice only under supervision. He admitted to state
charges of falsifying forms for four children in two families.....Nesselson, who has pledged to play it straight from now on so he can continue to practice,
thinks the real problem has yet to be solved. "The central issue has not gone away," said the soft-spoken doctor, who has the bleached-blond
highlights and tan of a surfer. "For me, that is the merit behind mandating immunizations that start so early, that are so numerous." Nesselson took a stand in the national vaccine controversy that, fueled largely by concerns over autism, has led an increasing number of parents to question the wisdom and safety of the shots - and in some cases to forgo them entirely. He said he began to question the safety of vaccines in the early 1990s after seeing many children with autism whose parents said the onset of the disorder coincided with the vaccinations. "The things that we are immunizing against are circulating in such low
frequency, it impels those people who do what I do, who offer immunizations to children, to re-evaluate risks versus benefits," he said." - Melissa Klein, The New York Post (November 25, 2007)




"Most jurisdictions refuse to allow children in classrooms where they might infect other students if they have not been properly immunized. But Prince George's may be the first to advance a few drastic steps. Ms. West acknowledged getting a few disapproving calls, mainly from people living in states
where immunizations are a matter of parental choice. Barbara Loe Fisher, head of the National Vaccine Information Center, for one, told the Associated Press that the legal threat in Prince George's was tantamount to "terrorizing parents." "When you have the threat of going to jail, it is hard to make an
informed decision," she said. Though it doesn't make it right, no one can argue that what one parent called a "heavy-handed" tactic failed. The line was practically snaking around the courthouse even though some irate parents were none to happy about being summoned out of bed on a chilly Saturday morning for the special roundup. But don't Prince George's educators and prosecutors have bigger fish to fry? These public servants could put as much muscle behind holding all adults accountable for providing better living and learning environments. And we cannot overlook that fact that prosecutors used the
truancy laws to threaten parents. What about the greater causes and cases involving truancy? "This is a public health and children's rights issue that we are determined to correct," Board of Education Chairman R. Owen Johnson Jr. said last week. Yes, but even Administrative Judge William D. Missouri, as the
Associated Press reported, said the problem "may have been ratcheted up to a level it should not have been at this time." - Adrienne T. Washington, The Washington Times (November 20, 2007)



"By the end of the day, more than 100 children had been immunized and some 70 records corrected and updated. But protesters outside the courthouse say that the summons to the courthouse amounted to a campaign of intimidation, and that parents weren't adequately informed of their rights as parents or
possible risks to their children. "I think it's offensive that the government would forcibly vaccinate kids. Individual rights are a good thing, and when you're dealing with health issues, informed consent is an important value," says Donna Hurlack, a Virginia gynecologist protesting outside the
courthouse. "There was a feeling of intimidation. Children were basically put in that building, lined up and given vaccines without any information given to parents about how to monitor their children for adverse vaccination reactions," says Barbara Loe Fisher, president and cofounder of the National
Vaccine Information Center, which advocates for more parental rights in immunization. She notes that many of the parents she met said they had lost records, and that children may have been revaccinated. "Vaccines carry risks. Those risks are greater for some than others. At the very least there should have been
screening for those children and information given to parents," Ms. Fisher adds. "The heavy-handed 'vaccine roundup' instigated by Mr. Ivey obliterates informed consent and parental rights," said the Association of American Physicians and Surgeons, Inc. in a Nov. 18 letter to Maryland Gov.
Martin O'Malley." - Gail Russell Chaddock, The Christian Science Monitor (November 19, 2007)


NEEDLE 'NO'S' DOC SLAPPED

ADMITS FAKING VACCINATIONS

The New York

November 25, 2007


by Melissa Klein


Click here for the URL:
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k-AHge9dYl0Isl3cst2uzo-qc5vewMMIh-LEKXwocD5R_0_4_Vg==)

EXCLUSIVE - An Upper West Side pediatrician who conspired with families to get their young kids into school without state-mandated shots has been disciplined in the first case of its kind in New York, the Post has learned.

Dr. Mark Nesselson was fined $10,000 by a state disciplinary panel this month and told he can practice only under supervision. He admitted to state charges of falsifying forms for four children in two families.

The 50-year-old pediatrician told The Post he's done the same for at least a handful of other families over the years.

The parents of his patients were concerned about possible adverse health effects of vaccines.

Nesselson, who has pledged to play it straight from now on so he can continue to practice, thinks the real problem has yet to be solved.

"The central issue has not gone away," said the soft-spoken doctor, who has the bleached-blond highlights and tan of a surfer. "For me, that is the merit
behind mandating immunizations that start so early, that are so numerous."

Nesselson took a stand in the national vaccine controversy that, fueled largely by concerns over autism, has led an increasing number of parents to question the wisdom and safety of the shots - and in some cases to forgo them entirely.

He said he began to question the safety of vaccines in the early 1990s after seeing many children with autism whose parents said the onset of the disorder coincided with the vaccinations.

"The things that we are immunizing against are circulating in such low frequency, it impels those people who do what I do, who offer immunizations to children, to re-evaluate risks versus benefits," he said.

He said he would work with parents who wanted their kids immunized on a slower or reduced schedule.

Schools' 'last resort' needs a shot of sense

The Washington Times

November 20, 2007

by Adrienne T. Washington

Hey, I'm all for jacking up parents for abdicating their personal responsibility - but sending them to jail on a no-immunization charge? Does that constitute cruel and unusual punishment, or what?

"What can you do? You ask and ask and ask, and you do everything so [parents and students] can become compliant, you want them to become compliant," said Tanzi West, public information officer for the Prince George's County Schools.

"As State's Attorney Glenn Ivey said, the goal is not to put parents in jail, but to put kids back in school."

After two years of trying to ensure that all students are immunized, school officials, helped by a hammer in the strong arm of the law, last week hauled in
parents who had not complied.

Ah, what a difference the threat of $50 a day and up to 10 days in jail can make. That's exactly what they faced if they couldn't provide documented proof of
updated immunization records Saturday at dawn. That's when Circuit Judge C. Philip Nichols, who handles juvenile cases, ordered them to appear and present their case. (None actually did, but he was present just the same.)

Most jurisdictions refuse to allow children in classrooms where they might infect other students if they have not been properly immunized. But Prince George's may be the first to advance a few drastic steps. Ms. West acknowledged getting a few disapproving calls, mainly from people living in states
where immunizations are a matter of parental choice.

Barbara Loe Fisher, head of the National Vaccine Information Center, for one, told the Associated Press that the legal threat in Prince George's was tantamount to "terrorizing parents." "When you have the threat of going to jail, it is hard to make an informed decision," she said.

Though it doesn't make it right, no one can argue that what one parent called a "heavy-handed" tactic failed. The line was practically snaking around the courthouse even though some irate parents were none to happy about being summoned out of bed on a chilly Saturday morning for the special roundup.

On Nov. 7, more than 2,300 of Prince George's 131,000 students, from pre-kindergarten through 12th grade, did not have all their state-required shots for polio, mumps, measles, chickenpox and hepatitis B. (The latter two were added this year.) On Thursday, after 1,600 warning letters had been sent out, that
number was 1,111. By Saturday afternoon, that number had dwindled to 939. Ms. West confirmed that 101 children were vaccinated on the spot by county health officials.

Surely, there is laziness, ignorance and stress. No question, some of these parents are without a legitimate excuse, and they don't deserve a pass. But they don't deserve jail time either. It does not serve the children to have their parents incarcerated or charged fines that could create even greater hardship.

Still, there is a need to determine why this situation has gone on this long. Why would parents allow their children to miss school for something as seemingly ordinary as getting vaccinated against common childhood diseases? Maybe they can't afford health care, which is not that unusual these days. Or
maybe they don't understand that free vaccines are available not only through the health department but in wellness centers within the schools. Ms. West said they even made transportation available for students with permission slips.

As the numbers dwindle, school officials may find that the lack of a student's immunizations among this hard-core group will signal a symptom of much deeper personal or familial problem. More students than we care to admit are faced with far more vulnerabilities and dangers than measles because
they live in death-defying dysfunctional situations. Some may be homeless, neglected, abused or from homes with very young, immature mothers or fathers.

Ms. West said schools are unable to determine the demographics of the noncompliant students and parents. Here is where the county could implore more of its pupil personnel workers, who are essentially social workers charged with calling on the remaining parents, to dig deeper.

Then, there are the language and cultural barriers. Other complications involve religious, political and medical beliefs. We must respect their judgment. Some showed up Saturday to protest mandatory immunizations, which is a matter the state may have to revisit.

For parents who were in court Saturday, the letter from the judge was not their first warning, Ms. West said. In fact, school social workers and other county employees went door-knocking in their "proactive measures" to bring parents into compliance. The court orders were "a last resort."

But don't Prince George's educators and prosecutors have bigger fish to fry? These public servants could put as much muscle behind holding all
adults accountable for providing better living and learning environments. And we cannot overlook that fact that prosecutors used the truancy laws to threaten
parents. What about the greater causes and cases involving truancy?

"This is a public health and children's rights issue that we are determined to correct," Board of Education Chairman R. Owen Johnson Jr. said last week.

Yes, but even Administrative Judge William D. Missouri, as the Associated Press reported, said the problem "may have been ratcheted up to a level it
should not have been at this time."

One Maryland county takes tough tack on vaccinations

In one of the strongest stands in the US, Prince George's County, Md., orders parents to immunize their children or risk up to 10 days in jail.

The Christian Science Monitor

November 19, 2007

by Gail Russell Chaddock

Upper Marlboro, MD - For the parents that converged on a courthouse in Prince George's County, Md., on Saturday morning, the choice seemed clear: Vaccinate your kids or go to jail.

In fact, there are exemptions for medical or religious reasons in the state of Maryland. But few parents standing in lines that stretched down the
sidewalk outside the county courthouse said they were aware of them.

Flanked by protesters and television crews, parents said they just wanted to sort out immunizations, so their kids could go back to school -
and they could avoid penalties of up to 10 days in jail and $50 a day in fines.

"I've got too many children to raise to go to jail," says Remy Durham, who cares for her nephew, Lamonte Hyter, along with seven other children.

All states require that children be immunized from some childhood diseases, but the crackdown in Prince George's County has attracted international
attention.

"We've had calls and e-mail from all over the country, especially the Midwest, as well as England, Germany, and Poland," says Glenn Ivey, state's
attorney in Prince George's County, in a phone interview.

A lot of the uproar over the county's new approach to this issue was fueled by misinformation, he said especially websites that said "we were going to start
arresting people." One critic "called me a jackbooted representative of a United Nations, international pharmaceutical conspiracy," he says.

In fact, no decision has been made yet on what steps to take next, and it was never intended to scare people, he says. He's boiled his answer to critics
down to one line: "It's about getting kids back in school, not to put parents in jail," he said.

By the start of the 2007 school year, more than 2,800 children in Prince George's County were not in compliance with state mandates on immunizations.
The school board asked the courts to help by setting up a date for parents to either have their children vaccinated on site or provide evidence that they were
in compliance with the law.

"This seemed like a great idea. We did not order people to do anything. We invited them to the court house to talk about it," said Circuit Court Judge C. Philip Nichols in a phone interview.

Luis Hernandez says that buff-colored letter, which arrived a day before his Nov. 17 court date, got his attention. He gave up a day of work mounting dry
wall to figure it out with a judge.

"I was a little afraid to see 'Court House' [on the letterhead]," he said. "I thought: 'Wow, what's wrong? I didn't do anything.' " He unfolds a full-page record of
vaccinations and booster shots for his 12-year-old son, Hector. "It's the school that got it wrong," he says.

"That's not necessarily a bad thing," said John White, spokesman for the 132,000-student school system, commenting on this case. "For two years
we've been asking parents to get right with the requirements, and now they are."

By the end of the day, more than 100 children had been immunized and some 70 records corrected and updated.

But protesters outside the courthouse say that the summons to the courthouse amounted to a campaign of intimidation, and that parents weren't adequately
informed of their rights as parents or possible risks to their children.

"I think it's offensive that the government would forcibly vaccinate kids. Individual rights are a good thing, and when you're dealing with health issues,
informed consent is an important value," says Donna Hurlack, a Virginia gynecologist protesting outside the courthouse.

"There was a feeling of intimidation. Children were basically put in that building, lined up and given vaccines without any information given to parents
about how to monitor their children for adverse vaccination reactions," says Barbara Loe Fisher, president and cofounder of the National Vaccine
Information Center, which advocates for more parental rights in immunization.

She notes that many of the parents she met said they had lost records, and that children may have been revaccinated.

"Vaccines carry risks. Those risks are greater for some than others. At the very least there should have been screening for those children and information
given to parents," Ms. Fisher adds.

"The heavy-handed 'vaccine roundup' instigated by Mr. Ivey obliterates informed consent and parental rights," said the Association of American Physicians
and Surgeons, Inc. in a Nov. 18 letter to Maryland Gov. Martin O'Malley.

"Vaccines can and do save lives..... But this episode has demonstrated that we must take a much more deliberative approach in crafting and enforcing
vaccine policy without sacrificing the rights and liberties of individuals and families," the letter stated.

Twenty-eight states, including Florida, Massachusetts, and New York, allow parents to opt out of required vaccinations only for medical or
religious reasons. Twenty others, such as California, Texas, Pennsylvania, and Ohio, also permit parents to give personal or philosophical reasons. Mississippi
and West Virginia allow exemptions only for medical reasons, according to the Associated Press.