NJ Appeals Court Rules in Favor of Nurse who Refused Flu Vaccine

Nurses are required to wear face masks for refusing the flu vaccine. Photo from Nurses Against Mandatory Vaccines Facebook Page.

Nurses who chose to wear a face mask instead of submitting to the flu vaccine. Photo from Nurses Against Mandatory Vaccines Facebook Page.

Health Impact News Editor Comments

The resistance among nurses and other healthcare workers to submit to mandatory flu vaccinations as a condition of employment is growing. Here on Health Impact News we have covered many of their stories and the issues surrounding the practice of denying employment based on flu vaccination status:

Nurses Across the U.S. are Taking a Stand Against Forced Flu Vaccines

Pro Vaccine Doctor Explains how Mandatory Flu Vaccines for Healthcare Workers Violates HIPAA Law

Are Mandatory Flu Vaccines for Healthcare Workers part of Obamacare and Linked to Financial Reimbursement to Healthcare Facilities?

We have reported how many of these nurses who have lost their jobs for refusing the flu vaccination are taking legal action against employers who violate their health freedom rights as they choose not to receive a toxic flu vaccine:

Lawsuits Against Hospitals Begin for Loss of Employment due to Mandatory Flu Shots

Nurse Fired for Refusing Flu Shot Sues Hospital, Federal and State Governments for $100,000,000

One of those cases in litigation was settled this week in a New Jersey appeals court, where a three-judge panel ruled in favor of a nurse who was unfairly denied unemployment benefits after she was fired for refusing a flu shot without claiming a religious or medical exemption:

The three-judge panel wrote that the hospital’s policy of allowing religious or medical exemptions to the flu shot requirement “unconstitutionally discriminated against” plaintiff June Valent by rejecting her refusal to be vaccinated for secular reasons.

Valent was working as a nurse at Hackettstown Community Hospital in 2010 when the hospital’s parent company began requiring employees to take the flu vaccine unless they had medical or religious reasons not to. Employees claiming an exemption were required to sign a form and provide documentation. Anyone refusing the vaccine was required to wear a mask while at work.

Valent declined the vaccine but didn’t state a medical or religious reason, and agreed to wear a mask. She was terminated based on her refusal of the vaccine and disqualified for unemployment benefits by a Department of Labor board of review after several hearings and appeals from both sides.

The board concluded that the hospital demonstrated Valent had engaged in work-related misconduct by refusing the flu shot, according to Thursday’s ruling.

The appellate judges concluded that the hospital violated Valent’s right to freedom of expression by endorsing the religious-based exemption while denying her secular choice. (Source.)

As we have previously reported, nurses have good reason to refuse mandatory flu vaccinations. First, a CDC sponsored study published last year showed that flu vaccinations among healthcare workers offer no evidence of protection to the patients under their care. (See: CDC Study: Mandatory Flu Vaccinations of Health Care Workers Offer NO Protection to Patients)

Secondly, according to settled cases by the U.S. Government for damages due to vaccine injuries, the flu vaccine is the most dangerous vaccine in the U.S. (See: Flu Vaccine is the most Dangerous Vaccine in the U. S. based on Settled Cases for Injuries)

We will continue to watch other cases still pending in litigation to see what the outcome will be. I am sure the medical care system will be watching these cases closely also, as soon it may be too costly to force healthcare workers to receive mandatory flu vaccinations.

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