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Attorney Joe Tamburino Explains Possible Vaccination Refusal Lawsuits in Minnesota

Posted By Caplan & Tamburino Law Firm, P.A. || 12-Feb-2015

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 exemption” form.

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.”

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