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#1 of 8 Old 01-20-2010, 12:56 AM - Thread Starter
 
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DH is driving me nuts tonight. We have always said that we would use a religious exemption for K. DH wants to try for a medical exemption because he thinks religious exemptions look kooky or what not. DH is an attorney who represents a lot of doctors. He thinks he can just get one of them to sign it. I said no because they would be lying for you and no Dr. would risk it. DH said a medical opinion only has to be a certain percent to be given.In courts a yes or no statement from a Dr. is never a 100%valid proved opinion. A Dr. can say something is probable and not be held accountable. For example if a Dr. knows my first kid had a bad reaction he could say a future reaction is probable and that no vaccines in his medical opinion would be worth the risk . Our second child has had none. DH thinks that knowing a sibling had a reaction would be enough of a reason to validate a medical exemption also. Now he wants all the records from out first ped and hospital records so the Dr. he asks can at least browse through them. Do you think it could work? We live in KY. DH is so mad I told him it could not happen. I think religious is the way to go but he said nobody would deny a medical exemption.
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#2 of 8 Old 01-20-2010, 01:08 AM
 
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I kind of lost you at what your question was.... :

But to answer what I think is part of your question... My DS had a severe reaction to the DTP vaccine, and he also has autism and can't get any live vaccines. Because of that, not only does he have a medical exemption for those vaccines, but our pediatrician is giving a medical exemption to all future biological children we have due to the probability of severe reactions. (Of course, after he said that, it became kind of null because DD2 had severe reactions to the only 2 vaccines she had, plus has an immune deficiency, so now she has her own medical exemption for her own reasons.)

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#3 of 8 Old 01-20-2010, 01:12 AM
 
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Good for you AllyRae!

The problem with most medical exemptions is that they are good for only one year and for only one vaccine. This is the problem in West Virginia and Mississippi where the medical exemption is the only vaccine exemption allowed.

Knowing a sibling has had a reaction will not necessarily give your child an exemption.

I like the religious objection; no one can argue with religious convictions. I think the philosophical objection can be hokey, but that is just me.
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#4 of 8 Old 01-20-2010, 01:38 AM - Thread Starter
 
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I am just mad because I think getting a medical exemption is going to be more trouble than it is worth and a religious is easy. I would hate the state to investigate a medical claim of ours and i just think that is a lot to ask of a Dr. who is not even their Dr. My husband just thinks a medical is more honest than the religious exemption. I feel the same in some ways but I honestly think God would want me to protect my children from any harm.
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#5 of 8 Old 01-20-2010, 02:25 AM
 
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Originally Posted by philia View Post
Our second child has had none. DH thinks that knowing a sibling had a reaction would be enough of a reason to validate a medical exemption also. Now he wants all the records from out first ped and hospital records so the Dr. he asks can at least browse through them. Do you think it could work? We live in KY. DH is so mad I told him it could not happen. I think religious is the way to go but he said nobody would deny a medical exemption.

It can be denied. A medical exemption is given PER VACCINATION, not for "vaccinations." If a doctor was willing to stretch it, he might say "no live vaccines," or "no vaccine with X adjuvant." And that is for ONE child. Sibling reactions are not a valid reason for a medical exemption (according to the mainstream medical community). It is VERY difficult to get a doctor to sign a blanket medical exemption. And if it is not true (both your children do not have a recognized contraindication to every vaccine required), it is no more honest.

Religious exemption = against the practice of vaccination

Medical exemption = one particular vaccine that has given an actual life threatening reaction

Philosophical exemption = pick and choose what you want to be exempt from

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
In KY the medical exemption form stipulates:

MEDICAL EXEMPTION – THE ABOVE NAMED CHILD HAS CERTAIN SPECIFIC HEALTH/PHYSICAL CONDITIONS WHICH ARE RECOGNIZED CONTRAINDICATIONS TO THE ADMINISTRATION OF ONE OR MORE OF THE REQUIRED VACCINES:

Your religious exemption is just a simple state form.

You can't "try" for a medical exemption, then just submit a religious exemption the next day if that doesn't work out; well, you could, but it is VERY risky.

"It should be a rule in all prophylactic work that no harm should ever be unnecessarily inflicted on a healthy person (Sir Graham Wilson, The Hazards of Immunization, 1967)."
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#6 of 8 Old 01-20-2010, 03:27 AM - Thread Starter
 
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I feel just like you do about the medical. He did a religious one for me and we will get it notorized tomorrow. I told him I wanted a religious one on file until he got a medical one. I feel so much better just having an exemption complete. I am always worried about CPS. I am so glad he went along with it. I think a medical one would be near to impossible and not worth the trouble.
Thanks for your replies and for being there.
Philia
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#7 of 8 Old 01-29-2010, 09:14 PM
 
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I just found this thread and am hoping to gather information here. My 6-month-old son had acute liver failure and nearly died after receiving two vaccinations earlier this month. Tests for metabolic and infectious diseases, as well as cultures for bacterial infection, were all negative. In the absence of any other cause, doctors are finally acknowledging that vaccines may have played a role. However, DH and I are having a hard time getting our pediatrician to do a medical exemption for anything other than the two vaccines our son received; the pediatrician won't sign an exemption for all future vaccines, even though the specialists at the hospital have said that in the absence of any confirmed cause, we should be very careful about future vaccinations. Unfortunately, we live in Maryland, where the state is particularly harsh toward physicians who sign blanket medical exemptions. I understand that the state threatens them with revocation of license.

We've considered filing a religious exemption but are told by other parents that the state can reject the religious exemption of any parents who have already started vaccination but now want to stop. We have not yet consulted with a MD attorney about this. If anyone can direct us to resources related to our situation, or can give us unofficial legal advice, we'd be very grateful.
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#8 of 8 Old 01-30-2010, 12:21 PM
 
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Originally Posted by VAIM View Post
We've considered filing a religious exemption but are told by other parents that the state can reject the religious exemption of any parents who have already started vaccination but now want to stop. We have not yet consulted with a MD attorney about this. If anyone can direct us to resources related to our situation, or can give us unofficial legal advice, we'd be very grateful.
I hear complaints consistently about a few states, but not

Maryland. You can check your tribe board to see what the opinion is, but I have an intimidating letter down below that you can use. The state cannot reject a religious exemption base on the fact you formerly vaccinate; people may only be telling you what they think is true or would be true. Submit your letter confidently and without explanation or apology.

Your religious beliefs can change, so you can exempt a previously vaxed child. You could also pretend your child is not vaxed to make life easier.


Some states, like NY(contact Gary Krasner for help -- On the NYS form they request that your letter:

-explains why are you are requesting the exemption
-describes the religious principles that guide your objection to vaxes
-indicates whether you are opposed to all vaxes, and if not, why you are opposed to some vaxes but not others

As long as your letter covered those 3 points then they shouldn't ask for any "supporting evidence".)


and NJ allow the state to question the sincerity of your beliefs; the following is VERY important.



-For a religious exemption you need to be "against the practice of vaccination". If you give your reasons to be against vaccinations as:

"I'm against vaccination because they use aborted fetal cells" - This is a philosophical reason.

"I'm against pre-marital sex and some vaxes are for sexually transmitted diseases." This is a philosophical reason.

Again, you have to be against the the practice of vaccination. For a more through explanation of why this is read the Wexler decision below.

-Also, you DO NOT have to be a member of a religion doctrinally opposed to vaccination. You can be Wiccan, Lutheran, Catholic, Jewish, church of the flip flops, and still claim a religious exemption do to your personal religious beliefs against the practice of vaccination. Dr. Mercola does a good job of explaining this in my Religious Exemptions link below (you may have to register to read it).

-One more thing, you do not want to include specific biblical verses as your interpretation could be challenged. You need to describe your personal religious beliefs.



-Require that all questions regarding your exemption be in writing and give answers in writing. Do not give verbal responses.



How to Legally Avoid Vaccinations

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Religious Exemptions

The Wexler Decision

To find out what exemptions are offered by your state (for school and such) check here:
http://www.nvic.org/Vaccine-Laws/sta...uirements.aspx

http://www.novaccine.com/law-exemptions/



All states except West Virginia and Mississippi offer religious and/or philosophical exemptions, and the supreme court ruled that you do not have to belong to a non-vaxing religion or have clergy sign your religious exemption. Exemptions can be submitted in lieu of vaccination records (I would do it this way).



Quote:
State mandatory vaccination laws have their roots in the 1905 U.S. Supreme Court decision, Jacobsen v Massachusetts. A Swedish Lutheran pastor, Reverend Henning Jacobsen and his son objected to a law requiring revaccination with smallpox vaccine because they had suffered severe reactions to the first vaccination. The nine Supreme Court justices at the turn of the century denied Jacobsen and his lawyers the right to present scientific evidence for harm caused by the smallpox vaccine, preferring to believe the lawyers representing public health officials who convinced them that doctors could predict ahead of time who would be injured by vaccination.
100wds.



A US Federal Court ruling (binding on NY only) that determined that you do not have to belong to a particular religion to use a religious exemption is:
Sherr v. Northport-East Northport Union Free Sch. Dist., 672 F. Supp. 81, 89-90 (E.D. N.Y. 1987)
http://www.vaclib.org/exempt/consent.htm

http://www.cdc.gov/vaccines/vac-gen/...es_chptr13.htm


"Just say that you believe God (I personally prefer the Universe, but it's best just to conform to the typical Judeo-Christian thing for the sake of getting it done) created us perfect and you believe that it is wrong and arrogant to believe we can improve upon God's perfect creation. Therefore, it would be a violation of your religious principle's to vaccinate your perfectly healthy children."

Sample Religious Exemption Letter(change the state law reference):

Quote:
To whom it may concern;



(We / I) {First and Last name(s)}, as the {(parent (s) / guardian(s)} of ______________________(name of newborn child) are exercising (our/my) rights under the US Constitution, PUBLIC HEALTH LAW, ARTICLE 21. CONTROL OF ACUTE COMMUNICABLE DISEASES,TITLE VI. POLIOMYELITIS AND OTHER DISEASES, NY CLS Pub Health § 2164 (2002), to receive Religious Exemption from Vaccination, ALL injections, prophylaxis, & testing due to our genuine and sincere religious beliefs which are contrary to the practices herein required.

The U.S. Supreme Court held in Frazee V. Illinois Dept. of Security, 489 U.S. 829, that a religious belief is subject to protection even though no religious group espouses such beliefs or the fact that the religious group to which the individual professes to belong may not advocate or require such belief. This ruling is also reflected in Title VII of the Civil Rights Act of 1964 as amended Nov. 1, 1980; Part 1605.1-Guidelines on Discrimination Because of Religion.



Sincerely,

Your signature.
Date

"It should be a rule in all prophylactic work that no harm should ever be unnecessarily inflicted on a healthy person (Sir Graham Wilson, The Hazards of Immunization, 1967)."
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