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Children's Hospital Nurses File Suit Over H1N1 Vaccine

United Nurses of Children's Hospital Protest Mandatory Swine Flu Shots

POSTED: 5:01 pm PST November 24, 2009
UPDATED: 7:00 pm PST November 24, 2009

A local nurses union has filed a lawsuit to put a stop to mandatory vaccinations after they claimed they are feeling pressured to get the swine flu vaccine, 10News reported.

Rady Children's Hospital wants every employee that does not get the H1N1 vaccine to wear a surgical face mask and a color-coded name tag. However, some workers said that is a clear violation of their privacy rights.

"Clearly, it's like a scarlet letter. You're discriminating against all employees. It says to parents, 'I could be contagious,' when in fact that's not true," said Nicole Kennelly, who represents the 1,500 members of the United Nurses of Children's Hospital union.

Most of the union members have received the H1N1 vaccine, but others said they don't want it at all.

"This is a new vaccine, it hasn't been tested and there are concerns," said Kennelly.

Declining an on-camera interview, a representative from Rady Children's Hospital released the following statement:

"Protecting the health and safety of our children is our top priority. These children are at great risk of serious complications from H1N1 influenza. As with other mandatory vaccinations, we believe the H1N1 and seasonal vaccines are critically important for the health of our patients."

Emergency room nurse Erinn Sosa said she got the swine flu shot but believes that decision is a very personal one.

"In my opinion, they should have the ability to choose whether they do or don't, especially with a new vaccine that hasn't been out very long," said Sosa.

"I'm very impressed with how this hospital has treated us, so I'm not too concerned about whether or not someone has taken the shot or not," said Scudder Mersman, a father of a Children's Hospital patient.

Kennelly said the union filed the lawsuit only after the hospital made the H1N1 shot a requirement for all employees and refused to discuss the issue with union representatives.

The nurses union said they would go to court over the issue on Dec. 14.

According to county health officials, 38 people in the county have died from the swine flu and 659 hospitalizations have been reported.
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