In the light of the recent measles outbreaks in Disneyland, many states
will consider changes to vaccination laws. Minnesota is no different.
According to current legislation, parents can send their kids to school
without measles vaccinations, but only if their parents sign a “conscientious
In a recent interview with
Fox News, Attorney Joe Tamburino explained that parents who refuse to vaccinate
their kids could open the door for lawsuits.
“Think of it this way,” he said, “If you have a child
with a peanut allergy, the school will say, ‘In this classroom,
it’s going to be peanut free because we have Billy who can’t
be around peanuts.’ Well, say the school is on notice and Billy
has an immune deficiency and the school allows in that same classroom,
other children who voluntarily with their family decide, not to vaccinate.
That can cause a liability problem.”
Current Minnesota legislation already allows plaintiffs to seek compensation
if someone else knowingly spreads a disease. According to Tamburino, the
measles fall into this category.
A new Minnesota bill could make it more difficult for parents to opt out
of vaccinations, though. If passed, the bill would make it impossible
for parents to refuse vaccination for their children without the consent
and signature of a medical professional.
Tamburino said, “Whether or not lawsuits would be successful, we
don’t know, but it could at least start he process that could be
a problem for school districts and daycare centers.”