The Covid Vaccine Debate

Americans are now faced with the Covid Vaccine Debate — the choice of whether to receive the COVID vaccine.  In some cases, such choice may result in their termination from their employment should they choose not to obtain an employer-required COVID vaccine and in some cases, it may lead to litigation over whether a child can be vaccinated.

COVID-19 Vaccines

The United States has recently begun a program of vaccination for COVID-19 under the Emergency Use Authorization (EUA) from the US Food and Drug Administration. Both Pfizer and Moderna have created vaccines for COVID which have been approved under emergency use authority and millions have already received their first dosage.  The incoming administration plans to inoculate 100 million Americans within the first 100 days of its administration.  The US Centers for Disease Control (CDC) recommends Americans be vaccinated and the third priority includes children age 16 and up.

Vaccine Safety

Americans have concerns about the safety of the COVID-19 vaccines so much so that scientists have created a Vaccine Communication Handbook in an attempt to fight misinformation.  False claims have included that the Vaccine will give you Covid, that mRNA Vaccines Change your DNA and even that vaccinated individuals began eating humans.  In fact, about four-in-ten Americans “say they definitely or probably would not get a coronavirus vaccine, though about half of this group – or 18% of U.S. adults – says it’s possible they would decide to get vaccinated once people start getting a vaccine and more information becomes available“.  In a recent case, a pharmacist was criminally charged for destroying doses of the vaccine because it has been reported that he believed it would alter one’s DNA. Often concerns about vaccines come from religious beliefs, distrust in medicine, distrust in government, and other reasons.  Regardless of whether such concerns about vaccine safety are valid, the reality is that a substantial portion of Americans are engaged in the Covid Vaccine Debate as to whether to get vaccinated and when available, whether to vaccinate their children.

Vaccination of Children

Some indicate that to reach herd immunity, 75 to 80 percent of all Americans will have to be vaccinated which will require that adolescents and children be vaccinated.  Currently, the approved vaccines are not recommended for children under 16.  However, companies are working to test current vaccines or develop new ones for children.  We can expect such vaccines to soon be available. For divorced or separated parents, when one parent wants their child to be vaccinated and the other objects, the court may have to resolve the disagreement.  It is our belief that under current North Carolina law, parents with joint legal custody are required to discuss the dispute in an attempt to resolve it whereas a parent with sole custody could make the decision despite the other parent’s objection.  When parents with joint custody cannot agree, those decisions could be made by a judge.  In our experience, judges often order that the medical advice of the child’s physician be followed. And in that regard, the selection of the physician is critical.

Vaccination of Employees

Some employers are considering mandating COVID vaccinations.  The legality of this is unclear.  The only significant legal limitations appear to be federal and state laws prohibiting discrimination, such as the Title VII of the Civil Rights Act of 1964, which mandates employers to accommodate employees who object because it would conflict with their religious beliefs.  Additionally, if an employee has a medical condition that makes it unsafe for them to get the vaccine, they could opt-out under the Americans with Disabilities Act, which prohibits workplace discrimination based on disability.  If an employer does require the vaccine and the employee suffers harm as a result, it is possible the employer could be sued for gross negligence or have to pay a workers’ comp claim if a vaccinated employee has a severe reaction to the new vaccine.

Conclusion

There’s much that’s unknown about the vaccine and how it will impact families and businesses. Our attorneys are keeping an eye on this as more information becomes available. Should you have questions or concerns about the legal implications of a COVID vaccine for you or your family, please contact us.