Escolar Documentos
Profissional Documentos
Cultura Documentos
RCL 138
Section 011
4/14/2019
Teenagers
Abstract:
Vaccines have been proven to be extremely useful in not only preventing individual
infection, but also in establishing herd immunity for an entire community of people. However, in
recent years, vaccination rates have been dropping as increasing amounts of parents opt out of
vaccinating their children, putting communities at risk for outbreaks of highly infectious and
devastating diseases like measles. As previous efforts to make vaccine exemptions stricter have
failed and anti-vaccination parents refuse to accept scientific claims that vaccines are safe, a new
option to increase immunizations has emerged: teenagers whose parents opted out of vaccines
but are now doubting their parent’s decision. In order to effectively target this new audience,
four actions should be taken: vaccine education, professional support, minor consent to medical
care laws, and tort law duties to vaccinate.
Introduction:
Almost 100 years ago, more than 15,000 Americans died every year from diphtheria,
a severe nose and throat infection. In the past 15 years, there have only been two cases.
In 1965, rubella, a form of the measles, infected 12.5 million people, claimed the lives of over
2,000 babies, and caused 11,000 miscarriages. Since 2012, there have only been 15 reported
casesi. The reason the world today is not ravaged by infectious diseases such as diphtheria and
rubella, in fact only one bacterial infection, pneumonia, ranks on the top ten causes of death in
modern times, is largely due to the discovery of vaccines, a way to immunize someone so that if
they are infected with a pathogen, their immune system is primed to fight off the infection.
Despite the millions of lives that vaccines have saved over the years, there has been a
recent trend in parents opting out of vaccinating their children, reaching almost 7% in some
statesii. Considering the immense protection that vaccines provide society, it is important to
reverse this concerning trend and increase immunization rates. The most promising way to
increase the amount of people vaccinated in the upcoming years lies in the newly developing
group of 12 to 18-year-olds who are now desiring to be vaccinated after their parents opted out
when they were children, and in order to accomplish this, increased education, support systems,
minor consent to medical treatment laws, and tort law are required.
Herd immunity is necessary because there are people who medically cannot be
immunized against diseases, and are thus dependent on the community to protect them. While
there are many reasons that a vaccine is not an option for a patient, the most common include:
Severe allergies to vaccine additives
Below the minimum age requirement
Highly compromised immune systems
Pregnant or nursing a newborn
Nervous system conditions like Guillain Barre Syndromev
In addition, there is a very small fraction of people who receive a full course of immunizations,
but they simply do not work, like the 10% of people who get the measles vaccines and boosters
but remain susceptible to the diseasevi.
Typically, states see less than 1% of school aged children with medical exemptions for
vaccinesvii. Thus, herd immunity is easily established even if members of society are unable to be
immunized due to health concerns, since 100% vaccination is not necessary. The actual
percentage of people who need to be immunized in order to achieve the protective aspect of herd
immunity depends on how contagious the disease is. For example, measles requires 95%
immunization because it is easily spread, but polio only needs rates around 85%viii. Given the
relatively few cases of medical excuses not to vaccinate, even the high rates necessary for
measles herd immunity should be easily achieved, yet this is not the case. Across the country, 27
states have rates below 95% for the measles vaccine, also known as MMRix. Even worse, there is
a national average of 70.7% for the recommended 7 vaccine series (Diphtheria/tetanus/pertussis,
polio, measles/mumps/rubella, Hemophilus influenzae, Hepatitis B, chicken pox, and
pneumococcal conjugate vaccines), which is far below the herd immunity threshold for any
diseasex.
Religious and philosophical beliefs originate from some disagreement with the principle
of vaccines and injecting foreign proteins and chemicals into the body. Several religious
communities like Christian Scientists, Mennonites, and the Amish do not allow their participants
to receive vaccinesxiv. This becomes a big issue because these types of communities typically
live together in concentrated areas, so pockets of religious groups around the country will be far
more susceptible to a diseases outbreak, even if national herd immunity is met. Philosophical
beliefs are similar in that there is an objection to putting chemicals in the body and a belief in the
natural healing process. However, they are less of an epidemiological concern because they tend
to be more spread out than like-minded religious groupsxv.
The other two reasons stem from questions over the science of vaccines, namely wanting
more information and being concerned over safety. There is a great deal of distrust of
pharmaceutical companies among many of these types of antivaxxers, who do not believe the
doctors and scientific research behind the vaccines and instead rely on anecdotal stories and
experiences from their peers. The media is also fuels the opposition to vaccines where incorrect
data is frequently portrayed or presented in a way that easily leads to misinterpretation. For
example, the media popularized the idea that thimerosal causes brain damage, autism, and
behavioral problems, but it has been removed from vaccines for decades, so even if the findings
were true, the information cannot relevantly be used to argue against vaccinesxvi. This reasoning
for opting out of vaccines is particularly dangerous because it allows the mindset to be spread to
other parents, since emotional stories that play on typical parental fears are often used.
The Third Step- Allowing Minors to Consent to Their Own Medical Care:
Young children are the most vulnerable to contracting a vaccine-preventable disease
since their immune systems are not fully developed, so vaccines for polio, measles, diphtheria,
and pertussis are recommended for infants around 6 to 15 months old. Other vaccines like those
for HPV and meningitis are recommended for 11 to 12-year-old adolescentsxxxvi. However, these
vaccines are still effective if taken years later, especially to help achieve herd immunity. The
earlier immunized the better, so forcing teens to wait until they are 18 and legal adults puts both
the teen and the community at greater risk. In order to fix this, states should allow minors to
consent to their own vaccines without requiring parental permission.
Many states currently let minors decide on medical care, but there are usually many
restrictions. Several states, such as New York, allow minors who are parents to decide on the
medical care for their children but not themselves. California allows 12-year-olds to seek care
without parental consent, but only for reproductive health care, like STI treatment. Washington
requires that the doctor declare the person in question a “mature minor”xxxvii. Oregon and
Alabama are a bit more general with their rule that 15-year-olds can seek out medical attention,
but the vague wording of the law does not explicitly permit minors get preventative care like
vaccinesxxxviii. Not only are the restrictions themselves wordy and confusing, but the fact that
each state has its own laws makes it harder for teens to figure out where they stand. This could
discourage unvaccinated teens to wait until they turn 18 to seek out immunizations even if they
are eligible at a younger age.
Table 1. Minor Medical Consent Laws in Select States
New York “Any person who is eighteen years of age or older, or is the parent of a child or
has married, may give effective consent for medical, dental, health and hospital
services for himself or herself, and the consent of no other person shall be
necessary.”xxxix
California “A minor 12 years of age and older who may have come in contact with a sexually
transmitted disease may consent to medical care related to the diagnosis and treatment of
the disease”xl
Oregon “A minor 15 years of age or older may give consent to hospital care, medical or surgical
diagnosis or treatment by a physician licensed by the Oregon Medical Board, and dental
or surgical diagnosis or treatment by a dentist licensed by the Oregon Board of Dentistry,
without the consent of a parent or guardian”xli
Alabama “Any minor who is 14 years of age or older, or has graduated from high school, or is
married, or having been married is divorced, or is pregnant, may give effective consent
to any legally authorized medical, dental, health, or mental health services for himself or
herself”xlii
All that state legislatures would have to do is clarify in their pre-existing laws that minors
are also able to decide on their own immunizations or preventative health. Since this still gives
people free choice, it would cause less political uproar than removing personal and religious
vaccination exemptions altogether. Some states have attempted already attempted this for certain
vaccines. In 2017, Texas tried to pass a bill to allow 14-year-olds to consent to vaccines related
to cancer prevention (Hepatitis B and HPV) and Minnesota tried to pass a similar bill for HPV,
but both failed to move out of the committeexliii. However, given that there are now, in 2019,
more teenagers advocating for lowering the consent age like Lindenberger and Danny, there will
likely be increased support in the upcoming years.
The Fourth Step- Using Tort Law as an External Motivator for Teens to Get
Vaccinated:
If educating kids on the medical importance of vaccines does not work, using tort law
could act as a failsafe to provide a different motivator to get vaccinated: financial liability. Tort
law allows people to be financially compensated if someone else harms them through civil court
casesxliv. To have a claim in a tort law case, the plaintiff needs to prove four things: the defendant
owes the plaintiff a legal duty to prevent the harm of others, the defendant violated that duty, the
violation was the direct cause of harm, and the plaintiff suffered damagesxlv. This concept could
be applied to vaccinations, but in this case it would apply to the refusal to get a vaccine, so if
someone spread a vaccine-preventable disease to someone who was medically unable to get
immunized, the affected family could sue for money to pay off medical expenses.
Ultimately, the threat of being sued in the future could serve as the tipping point for teens
whose parents did not vaccinate them. Typically, children are the most vulnerable when it comes
to vaccine-preventable diseases because their bodies are not always strong enough to fight off
infections like polio, measles, and pertussisxlvi. However, once they grow up, the risk of a deadly
infection drops significantly, so the teenager might not feel that vaccination is necessary.
Education on herd immunity could certainly correct this, but adding a financial reason, the threat
of being sued, could act as the deciding factor for unvaccinated teens who do not have strong
opinions either positive or negative towards vaccines.
Tort law has not been applied to many vaccination cases yet, but there have been several
previous court decisions that indicate it has potential to be effective. Courts have long upheld the
idea that people with infectious diseases have a duty to minimize the spread of the disease and
that spreading it is an act of negligencexlvii. In addition, labs and epidemiological studies are
typically able to declare with 95% certainty where the source of the outbreak came, so direct
cause can be shownxlviii. Making the vaccination case special is that the duty would be a “failure
to act” (a failure to get vaccinated,), but most tortious duties require a direct action that causes
harm, not a lack of action. However, there are special cases for certain situations, most notably
the duty of a psychiatrist to inform any potential victims of their patients, where the psychiatrist
is liable if they do not actxlix. The religious freedom aspect has also been addressed before, since
courts have agreed that in choosing to follow a religion, the participant takes on any inherent
“risks” (such as potentially infecting someone who could not be vaccinated) and that following a
religion does not allow the participant to impose costs on to other members of societyl.
To enact this, a duty would need to be passed that would make unvaccinated people liable
in court if they infect someone else who could not be vaccinated for medical reasons. It would
have to be strict and would not allow for religious or personal exemptionsli. However, it would
accept medical reasons to not get vaccinated or special circumstances like demonstrated proof to
try to get the vaccine but an inability to actually do so because of a shortage. This duty would fall
under the rare “failure to act” category, but since it originates from minimizing the harm done to
others, it can be easily argued that purposefully opting out of vaccines endangers the welfare of
others. Most importantly, a tort duty to get vaccinated would be a fair compromise because
people would still have their right to choose whether or not to get vaccinated, but it presents
them with fair consequences if they opt out.
Conclusion:
The newly developing group of teenagers whose parents chose not to vaccinate provides
a unique target to increase vaccination rates and re-establish herd immunity across the country.
Effectively reaching this audience would require four steps. First, education on the benefits of
vaccines would be addressed in schools to reverse any disproven claims made by anti-
vaccination parent. Once teens have been introduced to the importance of herd immunity,
professional support in the form of an organization aimed at getting teenagers vaccinated should
be created. This organization would provide information, legal help, family counseling, and
resources to get the actual vaccines in a central place easy for teens to access. Third, state
legislatures would work to lower medical consent laws so that the target audience could be
expanded to include more minors who want to be immunized. Finally, the establishment of a tort
law duty to get vaccinated would serve as a failsafe motivator for teens who are indifferent to the
medical benefits of vaccines but could be persuaded if financial liability were an issue. While the
full, four step course of actions would provide the greatest benefit, enacting any one of these
steps would certainly make a difference in increasing vaccine rates and decreasing the ongoing
issue of vaccine hesitancy.
Endnotes:
i
Vaccines & Immunizations. (2017, March 10). Retrieved from https://www.cdc.gov/vaccines/vac-
gen/whatifstop.htm
ii
Mellerson, J. L., Maxwell, C. B., Knighton, C. L., Kriss, J. L., Seither, R., & Black, C. L. (2018). Vaccination
Coverage for Selected Vaccines and Exemption Rates Among Children in Kindergarten — United States, 2017–18
School Year. MMWR. Morbidity and Mortality Weekly Report,67(40), 1115-1122. doi:10.15585/mmwr.mm6740a3
iii
Sadarangani, M. (2016, April 26). Herd Immunity: How does it work? Retrieved from
https://www.ovg.ox.ac.uk/news/herd-immunity-how-does-it-work
iv
What is Herd Immunity? (n.d.). Retrieved from https://www.pbs.org/wgbh/nova/article/herd-immunity/
v
Vaccines and Preventable Diseases. (2018, February 12). Retrieved from
https://www.cdc.gov/vaccines/vpd/should-not-vacc.html
vi
Diamond, D. (2015, February 03). Measles Can Kill, And It's Spreading. Sue Parents Who Didn't Vaccinate?
Absolutely. Retrieved from https://www.forbes.com/sites/dandiamond/2015/01/28/measles-is-spreading-and-kids-
might-die-sue-parents-who-didnt-vaccinate-absolutely/#214909927652
vii
Mellerson, J.L., et. al. Vaccination Coverage for Selected Vaccines
viii
Sadarangani, M. Herd Immunity
ix
Mellerson, J.L., et. al. Vaccination Coverage for Selected Vaccines
x
FastStats - Immunization. (n.d.). Retrieved from https://www.cdc.gov/nchs/fastats/immunize.htm
xi
Ciolli A. (2008). Mandatory school vaccinations: the role of tort law. The Yale journal of biology and
medicine, 81(3), 129–137.
xii
McKee, C., & Bohannon, K. (2016). Exploring the Reasons Behind Parental Refusal of Vaccines. The journal of
pediatric pharmacology and therapeutics : JPPT : the official journal of PPAG, 21(2), 104–109. doi:10.5863/1551-
6776-21.2.104
xiii
Raja, T. (2017, June 24). How many people aren't vaccinating their kids in your state? Retrieved from
https://www.motherjones.com/environment/2014/02/vaccine-exemptions-states-pertussis-map/
xiv
Ciolli, A. Mandatory school vaccinations
xv
McKee, C, & Bohannon, K. Exploring the Reasons
xvi
Ibid.
xvii
Ibid.
xviii
Wormald, B., & Wormald, B. (2018, April 25). U.S. Public Becoming Less Religious. Retrieved from
https://www.pewforum.org/2015/11/03/u-s-public-becoming-less-religious/
xix
WHO announces Top Ten Threats to Global Health in 2019. (n.d.). Retrieved from
https://www.vaccineconfidence.org/who=announces-top-ten-threats-to-global-health-in-2019/
xx
Ciolli, A. Mandatory school vaccinations
xxi
McKee, C, & Bohannon, K. Exploring the Reasons
xxii
Scutti, S. (2019, April 09). New York City declares a public health emergency amid Brooklyn measles outbreak.
Retrieved from https://www.cnn.com/2019/04/09/health/measles-new-york-emergency-bn/index.html
xxiii
Writer, J. L. (2019, January 18). Advocates think bill to end most exemptions from childhood vaccinations has a
shot. Retrieved from https://www.pressherald.com/2019/01/18/bill-would-end-non-medical-exemptions-from-
childhood-vaccinations/
xxiv
California's vaccine mandate – loopholes for fraud and bogus exemptions. (n.d.). Retrieved from
https://www.dailykos.com/stories/2018/7/22/1782699/-California-s-vaccine-mandate-loopholes-for-fraud-and-
bogus-exemptions
xxv
Pesce, N. L. (2019, March 06). Anti-vaxxer teen tells Congress why he vaccinated himself against his mom's
wishes. Retrieved from https://www.marketwatch.com/story/these-parents-didnt-vaccinate-their-kids-so-now-the-
kids-are-doing-it-themselves-2019-02-11
xxvi
Macatee, R. (2019, January 31). Teens Are Turning to the Internet for Help to Get Vaccinated Without Their
Parents' Consent. Retrieved from https://www.parents.com/news/teens-are-asking-online-how-to-get-vaccinated-
without-their-parents-consent/
xxvii
New Meta-analysis Confirms: No Association between Vaccines and Autism. (2014, May 19). Retrieved from
https://www.autismspeaks.org/science-news/new-meta-analysis-confirms-no-association-between-vaccines-and-
autism
xxviii
Pilkington, E., & Glenza, J. (2019, February 12). Facebook under pressure to halt rise of anti-vaccination
groups. Retrieved from https://www.theguardian.com/technology/2019/feb/12/facebook-anti-vaxxer-vaccination-
groups-pressure-misinformation
xxix
Pesce, N.L. Anti-vaxxer teen
xxx
Unvaccinated teenagers fight for right to immunization. (2019, March 25). Retrieved from
https://www.spectrumnews.org/news/unvaccinated-teenagers-fight-right-immunization/
xxxi
Dempsey, A. F., & Schaffer, S. (2010). Middle- and high-school health education regarding adolescent vaccines
and human papillomavirus. Vaccine, 28(44), 7179–7183. doi:10.1016/j.vaccine.2010.08.066
xxxii
Teen Health and Wellness. (n.d.). Retrieved from https://teenhealthandwellness.com/static/hotlines
xxxiii
Preteens & Teens | Vaccinate Your Family. (n.d.). Retrieved from https://www.vaccinateyourfamily.org/which-
vaccines-does-my-family-need/preteens-teens/?gclid=Cj0KCQjw7sDlBRC9ARIsAD-
pDFoP4cubbfiuOjlkTfEUu77SSWvwiUo-e8hjjqOYkXu9c68ZDADrzI4aAuG1EALw_wcB
xxxiv
Horton, A. (2019, March 22). Unvaccinated teens are fact-checking their parents and trying to get shots on their
own. Retrieved from https://www.chicagotribune.com/lifestyles/health/ct-anti-vaccine-parents-20190210-story.html
xxxv
Ibid.
xxxvi
Immunization Schedules | CDC. (n.d.). Retrieved from https://www.cdc.gov/vaccines/schedules/index.html
xxxvii
Whyte, C. (n.d.). Can teenagers get vaccinated without their parents' permission? Retrieved from
https://www.newscientist.com/article/2193937-can-teenagers-get-vaccinated-without-their-parents-permission/
xxxviii
Roberts, J., & Roberts, J. (2019, February 11). Unvaccinated children are coming of age–and they want
protection. Retrieved from https://qz.com/1547365/unvaccinated-children-are-coming-of-age-and-they-want-
protection/
xxxix
New York Consolidated Laws, Public Health Law - PBH § 2504. (n.d.). Retrieved from
https://codes.findlaw.com/ny/public-health-law/pbh-sect-2504.html
xl
Code Section. (n.d.). Retrieved from
http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=6926
xli
2017 ORS 109.640¹ Right to medical or dental treatment without parental consent • provision of birth control
information and services to any person. (n.d.). Retrieved from https://www.oregonlaws.org/ors/109.640
xlii
2013 Code of Alabama :: Title 22 - HEALTH, MENTAL HEALTH, AND ENVIRONMENTAL CONTROL. ::
Title 1 - HEALTH AND ENVIRONMENTAL CONTROL GENERALLY. :: Section 22-8-4 - When minor may
give consent generally. (n.d.). Retrieved from https://law.justia.com/codes/alabama/2013/title-22/title-1/section-22-
8-4/
xliii
Roberts, J. Unvaccinated children are coming
xliv
Hershovitz, Scott. "What Does Tort Law Do? What Can it Do?" Val. U. L. Rev. 47, no. 1 (2012): 99-118.
xlv
Caplan, A. L., Hoke, D., Diamond, N. J., & Karshenboyem, V. (2012). Free to Choose but Liable for the
Consequences: Should Non-Vaccinators Be Penalized for the Harm They Do? The Journal of Law, Medicine &
Ethics,40(3), 606-611. doi:10.1111/j.1748-720x.2012.00693.x
xlvi
Vaccines & Immunizations. (2017, August 18). Retrieved from https://www.cdc.gov/vaccines/vac-
gen/howvpd.htm
xlvii
Caplan, A.L, et. al. Free to Choose
xlviii
Rubenstein Reiss, D. (n.d.). COMPENSATING THE VICTIMS OF FAILURE TO VACCINATE: WHAT ARE
... Retrieved from https://www.lawschool.cornell.edu/research/JLPP/upload/Reiss-final.pdf
xlix
Ibid.
l
Ciolli, A. Mandatory school vaccinations
li
Rubenstein Reiss, D. Compensating the victims