If the worst happens, could I lose my other children? - Mothering Forums

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Old 08-12-2009, 05:25 PM - Thread Starter
 
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Okay I have to ask this as my mom told me a story recently of how a mom got charged and put in jail for not vaxing her child who passed a disease onto an infant who died.

Could this really happen? and what if it was my unvaxed infant/child that died of a disease would I be considered medically neglectful and my other children taken away from me even if they are vaxed??? How do you research this?

My DD1 is vaxed, no boosters and is 4. DD2 not vaxed and is 3 mo.
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Old 08-12-2009, 05:35 PM
 
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No. I think that there were some hypothetical questions going around and one of them was "should you be liable if your children spread a vpd?" but I've never heard of that happening. I'm pretty sure it was just a "what-if" thing going around for discussion.

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Old 08-12-2009, 05:36 PM
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Did that really happen? I know it was an episode of Law and Order SVU, but was it based on a real story? I just can't imagine that actually happening, but who knows

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Old 08-12-2009, 05:44 PM
 
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I found this about tort liability and vaccines.

http://www.pubmedcentral.nih.gov/art...?artid=2553651

Maybe your mom saw it in a show? I'm pretty sure it hasn't ever really happened.

also found this
http://www.michiganlawreview.org/fir...binkasimow.htm

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Old 08-12-2009, 10:15 PM
 
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For one thing, they could never prove a non vaxed child caused another childs illness. That whole scenario never has made sense to me. My DD is super healthy and rarely gets sick....how would she give another kids the measles, per se? Shes not the one who was injected with a live virus. Also, most children that die from a "VPD" don't die because of the disease itself but a weakened immune system. Vaxes DO weaken the immune system. See the irony here?

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Old 08-12-2009, 10:54 PM
 
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Yes, it does happen.

Often doctors or social workers find or manufacture another reason to charge parents with child abuse or neglect. Whatever works.

The reason no one hears about it is because these parents are too busy fighting the system to get their children back. Once these parents recover their children, they are too tired and embarassed to allow the media into their realm.
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Old 08-13-2009, 12:58 AM
 
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Quote:
Originally Posted by ShineliketheSon View Post
Okay I have to ask this as my mom told me a story recently of how a mom got charged and put in jail for not vaxing her child who passed a disease onto an infant who died.

Could this really happen? and what if it was my unvaxed infant/child that died of a disease would I be considered medically neglectful and my other children taken away from me even if they are vaxed??? How do you research this?

My DD1 is vaxed, no boosters and is 4. DD2 not vaxed and is 3 mo.

The first question is whether or not a parent can be held criminally liable for the death of another parent's child where the child died as a result of contracting a disease from the parent's child, where the parent's child was not vaccinated. This is very unlikely. Two important elements to a murder charge are unlikely to be proven by the state, especially considering the state's burden is to prove each element beyond a reasonable doubt. First, the state would probably be unable to prove the mens rea (or guilty mind) element to the murder charge (i.e. the parent obviously lacked any specific intent and a murder charge that merely requires malice is unlikely, as the parent's knowledge of an disregard for the specific risk involved is tenuous at best). The second element that is most likely missing is the causation element. That is, the state would have to prove beyond a reasonable doubt that the child's death was actually and proximately caused by the parent not vaccinating. For instance, proving the deceased child contracted the disease from the parent's child would be difficult and vaccines are not 100% effective.

There are a number of other issues, but hopefully this will suffice for now.

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Old 08-17-2009, 01:35 AM
 
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DD1 had a confirmed case of pertussis, and DD2 did get it as a newborn. No one batted an eye at us. We were in and out of hospitals, consulted at Children's several times. I never once was told anything about how I should of vaxed DD1, I actually expected to hear about it, but nada.

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Old 08-17-2009, 02:16 AM
 
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A prosecutor could never prove the necessary "mens rea", i.e., the intent of the parent, to hurt their child or any other child by not vaccinating. DR. Jay Gordon wrote a piece on this through a law school recently.

It is simply not possible to prove that an unvaccinated child gave a vaccinated child a disease that the vaccinated child is vaccinated against.
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