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Daughter was vaccinated without my consent. Do I have any recourse?

post #1 of 17
Thread Starter 

We delay/selective vaccinate. My 16 year old DD is current on vaccines required for public school so I didn't give vaccines a second thought when I sent her to her annual physical without me. However the doctor's office told her that she needed a shot and gave her Gardasil (no one called to ask me for consent). Then they proceeded to make additional appointments with her to come back in for the two additional Gardasil shots. When DD left the doctor's office she text me about the future appointments. She had no idea what they had given her. I had to call the office to find out. When I confronted the nurse with my concern that my child had received medical treatment without parental consent she replied, "What do you want me to do, it's not like I can take it out of her body". WTF!!!!!!! When I talked to DD about what they gave her she became very upset because she knows our family position on this particular vaccine. She was absolutely not suppose to get it. I don't want to debate Gardasil but I do want to know what can I do, file a complaint? with who?

post #2 of 17

In many states a minor can consent to reproductive health matters on her own.  I'd check to see whether she was legally able to consent to the vaccine.

 

I'm sorry that the nurse was rude to you and that they didn't explain what the shot was for.  That's inexcusable.

post #3 of 17

If your daughter is old enough to drive herself to a doctor's appointment with parental escort, she is old enough to decide for herself what treatments to accept or reject.  This is a concept I'm working through myself right now.  Ds1 was partially vaxed as a young child and then I became anti-vax before ds2 was born.  Ds1 took himself to a dr's appt last week and I had to just bite my tongue and not try to tell him what to do...I was worried they'd push a flu shot on him.  All went well, but if he had taken it, I would have had to keep my mouth shut.

 

If you don't want her to receive the boosters, maybe you should not let her go alone again...

post #4 of 17
Quote:
Originally Posted by blessedwithboys View Post
 

If your daughter is old enough to drive herself to a doctor's appointment with parental escort, she is old enough to decide for herself what treatments to accept or reject.  

 

A driver's license has nothing to do with medical issues. 

 

I don't know what the law is in your state for minors consenting to vaccines. If the law allows it, there's nothing you can do, except fire the doctor and tell them why. If the law doesn't allow it, you should file a complaint with the state medical board, and you would also have grounds for a lawsuit, although you would probably have a hard time finding a lawyer willing to take the case on contingency.

post #5 of 17
Thread Starter 

DD didn't really consent to the vaccine because she had no idea what it was. She just went along with the doctor and nurse who neither explained it nor provided her with any patient education handouts. DD was concerned when I told her that it was Gardasil and she has stated that she does not want the two follow up boosters. She feels "tricked" by the doctor's office (her word). This is what I found on the laws in my state (GA): http://law.gsu.edu/cscott/spring08/draft_minors_consent_outline_1.htm

 

I don't think minors can consent to vaccines based on that info.

 

Does anyone know if other adults, step-parents, aunts, grandmas, and so forth who do not have any legal guardianship of a minor child can consent to medical treatment for said child? Just curious.

 

I am going to look into filing a complaint with the medical board or possibly my insurance provider (Humana).

 

My DS has Katie Beckett Deeming Waiver (medicaid for disabled children) and when a hospital (psychiatric) admitted him without a bed, I complained to the Katie Beckett Medicaid office (I was not the only one who complained). That was very effective. Medicine is a business and no one wants to lose their contracts.

 

I did fire the doctor office and pulled all six of my kids from them.

post #6 of 17

Technically, I believe the legal guardian is the only one who can say yay or nay on medical decisions, include vax, for a minor.

 

However, when reality strikes, a doctor's office that has a routine down will make a lot of assumptions.    Yes, if you had a lawyer standing right there the technicalities of the law might have a little more attention given.

 

This is why I rather like my daughter's clinic.  Now, after my own research and pondering I'm fine with the standard vaccines plus a few extras.  But this clinic when it's time for shots, the nurse tells me what shots are on the schedule and looks at me expectantly.  After I asked about it the first time (did you guys get sued once and now go through this each time?) she explained it was just the office's culture as they had so much variation on the vaccine spectrum that it just made sense, even with the full vaxxers, to check with what they want.  Nice place, that clinic.

 

Back to your situation:  yes, I'd file a complaint.

post #7 of 17

Not sure on the legalities but I think you can certainly file a complaint with the medical board. It looks like you are in Georgia? Try this - http://medicalboard.georgia.gov/how-file-consumers-complaint - I don't know that they will do anything but at least you have put it on record.

post #8 of 17

If you are in CA, this is perfectly legal.

 

There are recognized side effects to this drug listed on the side effects from the drug company that she should have been advised about as syncopy - fainting - and she should NOT have driven away from the doctors' office as she could have fainted behind the wheel. There are a few cases of deaths from automobile accidents post-Gardasil listed on VAERS from girls fainting while driving and dying from the affects of the accident; therefore, doctors do not blame the vaccine for the death, only the accident.

 

"Because vaccinees may develop syncope, sometimes resulting in falling with injury, observation for 15 minutes after administrationis recommended. Syncope, sometimes associated with tonic-clonic movements and other seizure - like activity, has been reported following vaccination with GARDASIL. When syncope is

associated with tonic-clonic movements, the activity is usually transient and typically responds to restoring cerebral perfusion by maintaining a supine or Trendelenburg position."

 

The package insert is 30 pages long. Few teenage girls read anything this complex and long. http://www.merck.com/product/usa/pi_circulars/g/gardasil/gardasil_pi.pdf

 

Please do file a complaint and tell your daughter to ask lots of questions about any - ANY - medical procedure in the future.  This can be a valuable life lesson in giving or denying consent to a procedure.


Edited by applejuice - 1/22/14 at 9:13am
post #9 of 17
Thread Starter 

I filed the complaint with the medical board. Kept it short and sweet, stated that DD was current on all vaccines required for school and that two additional vaccines were given without parent or legal guardian consent which is in violation of GA law.

post #10 of 17
Quote:
Originally Posted by pattimomma View Post

I filed the complaint with the medical board. Kept it short and sweet, stated that DD was current on all vaccines required for school and that two additional vaccines were given without parent or legal guardian consent which is in violation of GA law.

They gave her two shots?? Yikes, I thought it was just the one. Does your daughter even know what the second shot was?
post #11 of 17
Quote:
Originally Posted by pattimomma View Post
 

I filed the complaint with the medical board. Kept it short and sweet, stated that DD was current on all vaccines required for school and that two additional vaccines were given without parent or legal guardian consent which is in violation of GA law.

I feel so awful for you!

 

I know some are really pushing what REALLY is informed consent and if this did violate you state law I would post to see if anyone knows a lawyer that does vaccine cases near you - while you DO vaccinate, it was done against you and you DD, who else is this being done against would be a concern to me!? While most vaccine related lawyers handle "damage" type cases they may (at no cost to you) agree to represent you because of the law violation and that in the end may help another parent--greatly! What if you had not known and she was in an accident on the way home - you didn't know what was administer to her!

 

WIth the Gardasil vaccine - did they have her wait? I would be livid because she was there alone!!!   Because vaccinees may develop syncope, sometimes resulting in falling with injury, observation for 15 minutes after administration is recommended. Syncope, sometimes associated with tonic-clonic movements and other seizure-like activity, has been reported following vaccination with GARDASIL. When syncope is associated with tonic-clonic movements, the activity is usually transient and typically responds to restoring cerebral perfusion.

 

I would also contact my local state reps - YES this is their job here - they make the laws for your state, your rep (s) should know what has happened to your daughter - make your voice be known.

 

And at this point I would have fired that Dr! and the Dr need a long, NOT short and sweet letter - IMO

post #12 of 17

Get your records before firing that doctor if that is what you want to do. You do not want the records "doctored".

post #13 of 17
Thread Starter 
Quote:
Originally Posted by applejuice View Post
 

Get your records before firing that doctor if that is what you want to do. You do not want the records "doctored".

 I got them! :thumb

Quote:
Originally Posted by TCMoulton View Post


They gave her two shots?? Yikes, I thought it was just the one. Does your daughter even know what the second shot was?


It was two shots - Gardasil and meningococcal. The meningococcal wasn't due until 2015 so I have no idea why they gave it early. I intended for her to have this one when she was due for it, next year! She did have it when she was younger, so it's the booster. DD had no idea what either shot was for or why she got them. duh.gif I will not send her to the doctor alone again. I was so focused on being upset about the Gardasil when I wrote the original post that I left out the second vaccine. I made sure I didn't leave it out when I filed my complaint.

post #14 of 17
Quote:
Originally Posted by pattimomma View Post
 

 I got them! :thumb


It was two shots - Gardasil and meningococcal. The meningococcal wasn't due until 2015 so I have no idea why they gave it early. I intended for her to have this one when she was due for it, next year! She did have it when she was younger, so it's the booster. DD had no idea what either shot was for or why she got them. duh.gif I will not send her to the doctor alone again. I was so focused on being upset about the Gardasil when I wrote the original post that I left out the second vaccine. I made sure I didn't leave it out when I filed my complaint.

IF you have been going there for sometime, did the Dr call you? IF not I would have a call in requesting the Dr do so ASPA- you deserve to hear something from some one above this nurse.

You are well within your right to at least say you never want that nurse again when you go, you have every right to see what is notated in her chart about this, you can call for disciplinary actions to be taken - remember calling for and getting, let alone knowing are a whole other thing!

 

 

 I would love to hear the reason they 2015 vaccine was done now! ah!

 

 

Quote:
Originally Posted by applejuice View Post
 

Get your records before firing that doctor if that is what you want to do. You do not want the records "doctored".

YES!!! 

post #15 of 17

You work fast! I'm glad you've already gotten the records, already fired the doctor, and already filed a complaint. Wow!

 

The doctor's office broke federal law by not giving your daughter the Vaccine Information Statements (VIS) before vaccination. The National Childhood Vaccine Injury Act of 1986 requires that. It sounds like your daughter would have refused the Gardasil vaccine if she had been given the VIS beforehand.


Edited by ma2two - 1/22/14 at 2:30pm
post #16 of 17
Thread Starter 
Quote:
Originally Posted by ma2two View Post
 

You work fast! I'm glad you've already gotten the records, already fired the doctor, and already filed a complaint. Wow!

 

The doctor's office broke federal law by not giving your daughter the Vaccine Information Sheets (VIS) before vaccination. The National Childhood Vaccine Injury Act of 1986 requires that. It sounds like your daughter would have refused the Gardasil vaccine if she had been given the sheet beforehand.


I don't mess around!

 

The head nurse from the doctor's office called me this afternoon and apologized for both the incident and the other nurse's nasty comments. She was also very concerned about the federal law requirement not being met in regard to the vaccine information sheet. All that aside the stupidest part of the conversation - she tried to tell me that DD should be vaccinated for HPV in case she got date raped (DD indicated that she is not sexually active on the office questionnaire for teenagers). My response, really you think so, maybe we should also put all teenage girls on hormonal birth control in case they get date raped. Seriously, WTF is that about!

post #17 of 17

Who knows if the apology was sincere, or if they're just trying to cover their behinds at this point. But at least it's clear you got their attention! 

 

I do not understand doctors not knowing about the law regarding vaccine information and consent. It's been federal law for 28 years!

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