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163305 tn?1333668571

Nurses Fired for Refusing Flu Shot

An Indiana hospital has fired eight employees, including at least three veteran nurses, after they refused mandatory flu shots, stirring up controversy over which should come first: employee rights or patient safety. The hospital imposed mandatory vaccines, responding to rising concerns about the spread of influenza.

Ethel Hoover wore all black on her last day of work as a nurse in the critical care unit at Indiana University Health Goshen Hospital. She said she was in "mourning" because she would have been at the hospital 22 years in February, and she's only called out of work four or five times in her whole career , she said.

"This is my body. I have a right to refuse the flu vaccine," Hoover, 61, told ABCNews.com. "For 21 years, I have religiously not taken the flu vaccine, and now you're telling me that I believe in it."

More than 15,100 flu cases have been reported to the Centers for Disease Control and Prevention since Sept. 30, including 16 pediatric deaths. Indiana's flu activity level is considered high, according to the CDC, which last month announced that the flu season came a month earlier than usual.


When Hoover first heard about the mandate, she said she didn't realize officials would take it so seriously. She said she filed two medical exemptions, a religious exemption and two appeals, but they were all denied. The Dec. 15 flu shot deadline came and went. Hoover's last day of employment was Dec. 21.

Fellow nurse Kacy Davis said she and her colleagues were "horrified" over Hoover's firing, calling her their "go-to" nurse and a "preceptor."

"It was a good place to work," Hoover said. "We've worked together all these years. We're like a family."

The hospital said in a statement that it implemented the mandate to promote patient safety based on recommendations from the American Medical Association, the American Nurses Association, and the Centers for Disease Control and Prevention. It announced the mandate in September. Of the hospital's 26,000 employees statewide, 95 percent complied. That means 1,300 employees did not comply, but only eight were fired.

"IU Health's top priority is the health and wellbeing of our patients," said hospital spokeswoman Whitney Ertel. "Participation in the annual Influenza Patient Safety Program is a condition of employment with IU Health for the health and safety of the patients that we serve, and is therefore required."

The CDC recommends flu shots for everyone older than six months of age. Dr. William Schaffner, chair of preventive medicine at Vanderbilt University Medical Center in Nashville, Tenn., said hospital patients are especially vulnerable to flu complications because their bodies are already weakened.

"I cannot think of a reason for any health care professional to decline influenza immunization that's valid," said Schaffner, a former president of the National Foundation for Infectious Diseases, adding that people with egg allergies may have to avoid the flu shot to prevent anaphylactic shock, but even that hurdle has been remedied. The Food and Drug Administration approved an egg-free vaccine in November.

Schaffner said invalid excuses to avoid the shot include being afraid of needles and simply promising to stay home when they're sick. Patients now have the option of a vaccine nasal spray if they want to avoid needles. And since flu victims become contagious before they start to feel sick, they can get patients sick even if they stay home when they have symptoms.

Over the last several years, hospitals have been moving toward mandatory vaccinations because many only have 60 percent vaccination rates, Schaffner said. He is leading an effort for a similar mandate at Vanderbilt University Medical Center.

Nurses in particular tend to be the most reluctant to get vaccinated among health care workers, Schaffner said, citing his opinion.

"There seems to be a persistent myth that you can get flu from a flu vaccine among nurses," he said. "They subject themselves to more influenza by not being immunized, and they certainly do not participate in putting patient safety first."

In October 2011, Vanderbilt broke the world record for number of vaccines administered in an eight-hour period in an event called Flulapalooza. From 6:50 a.m. to 2:50 p.m., they vaccinated 12,647 people. By that evening, more than 14,000 people had been vaccinated, and there were no severe adverse reactions, he said.

But still, Alan Phillips, who represented several nurses at the hospital, says his clients had the right to refuse their flu shots under Title VII of the Civil Rights Act of 1964, which prohibits religious discrimination of employees. Religion is legally broad under the First Amendment, so it could include any strongly held belief, he said, adding that the belief flu shots are bad should suffice.

"If your personal beliefs are religious in nature, then they are a protected belief," Phillips said.

Phillips, who is based out of North Carolina, has made a name for himself fighting for employees' rights to get out of mandated flu shots, but he has never needed to go to court. Although he usually handles a couple dozen health care workers per year, he had 150 this fall in 25 states.

Dr. Damon Raskin, an internist with his own practice in the Pacific Palisades in Los Angeles, said hospitals should mandate flu vaccines as a matter of public safety. The flu can lead to complications like pneumonia and death, said Raskin, who is also affiliated with the Cliffside Malibu Addiction Rehabilitation Center.

"I think if the health care worker has some problem with religious faith then perhaps during flu season, they shouldn't do that job," Raskin said, suggesting that the worker do something administrative instead during flu season. "It's not fair to the patient. The people who are most at risk are in the hospital."

Nurses Fired for Refusing Flu Shot
49 Responses
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377493 tn?1356502149
I agree.  I know that I wouldn't even consider not having it.  Not only am I at high risk for being exposed given the population I work with, I also don't want to bring it home to my young child.  The more people vaccinated, the higher the rate of protection.  
Helpful - 0
Avatar universal
Now see, you would think, one working in the medical field around people with low immune systems would automatically think something like the flu shot would be a good idea. Seeing that 20 kids have died across the nation as a result of the flu, it really is not a viable option to not do, but to each their own I guess.
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148588 tn?1465778809
http://vitals.nbcnews.com/_news/2013/01/13/16492631-hospitals-crack-down-on-workers-who-refuse-flu-shots?lite

Hospitals crack down on workers who refuse flu shots

"............According to the most recent federal data, about 63 percent of U.S. health care workers had flu shots as of November. That's up from previous years, but the government wants 90 percent coverage of health care workers by 2020.

The highest rate, about 88 percent, was among pharmacists, followed by doctors at 84 percent, and nurses, 82 percent. Fewer than half of nursing assistants and aides are vaccinated, Bridges said......"

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Avatar universal
It takes TWO weeks for the vaccine to FULLY boost the immune system.

Getting the vaccine doesn't mean you can't still contract the flu......chances are decreased though.  It is still possible to contract a strain that is NOT in the vaccine as I mentioned in a previous post.
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377493 tn?1356502149
This years flu is pretty big news here.  Our hospitals are over 100% capacity, and they are currently having to cancel elective surgeries to accomodate.  For us it's a combination of the influenza and we've also been hit hard with Norovirus.  Nasty stuff.  We had our shots in October.  I had noro, but mildly compared to some others.  I've had a nasty cold since Boxing day - not sure if it's flu or just a cold.  Fortunately my son and husband seem to have avoided it.  A little boy in my son's school has been in hospital for 4 weeks.  It's bad here this year.
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148588 tn?1465778809
"The bad season has been blamed on an especially virulent flu strain, the A H3N2 strain. Another A strain, H1N1, and two influenza B strains are also causing illness. Vaccines prepared for this year are a good match for three of the viruses, although one strain of influenza B is not covered by the vaccine and may be accounting for 8 percent to 10 percent of flu cases, according to infectious disease experts.  

It can take two weeks for the flu shot to provide full protection, and in the interim, people may still get sick, health officials caution. The shots don't provide 100 percent protection, only between 65 percent and 80 percent in a healthy person, but they can lessen the severity and duration of symptoms. The earlier people get shots, the sooner they'll be protected, health officials add."
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Avatar universal
I haven't had this year's flu shot yet, and I'm starting to get worried.  Can anybody tell me how long it takes after the shot before you have immunity?
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Avatar universal
They were just talking about that on the news. 18 deaths in one week, not good at all!
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148588 tn?1465778809
http://todayhealth.today.com/_news/2013/01/09/16432574-bad-flu-season-worsens-as-boston-declares-emergency?lite
Helpful - 0
Avatar universal
One influenza A (H3N2) virus, one seasonal influenza A (H1N1) virus, and one influenza B virus.......these are normally included in the vaccine.  Three strains only.  It would be IMPOSSIBLE to include all variant strains.  Rogue strains.....yes, the lovely rogue or mutated strains are out there unfortunately, so it is possible to contract one as I stated in my previous post.  

The three strains are:

A/California/7/2009 (H1N1)-like virus

A/Victoria/361/2011 (H3N2)-like virus..........the worse; causes the most severe symptoms

B/Wisconsin/1/2010-like virus


You may or may not be lucky......hopefully lucky though.  :<))


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Avatar universal
I agree. I also should include here that while I heard on one station yesterday that the flu shot has got all the strains covered, I actually heard on another station that their are 3 strains of it. Two are covered with the vaccine and the other is a rogue virus, whatever that means. So maybe we will not be as lucky as I first thought?
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Avatar universal
of=or......oops
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Avatar universal
Thanks for the welcome.......

Yes, I am wondering did they get the strains correct this season and the last season in the vaccine.  

Seems as though the number of cases of influenza is increasing at the same time the number of patients receiving the vaccine is increasing.    

The vaccine DOESN'T guarantee you won't get the flu, but that your chances are decreased.  PLUS.....it takes TWO weeks to totally boost the immune system, so theoretically you could get sick with the flu within that time frame.  It is also possible to contract a strain that WASN'T included in the vaccine.  Some food for thought.

I think the nurses have more to worry about than the patients in regards to flu exposure.  

Apparently this nurse did what she thought was best for her whether we agree of not.  
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Avatar universal
I totally agree with you about being concerned of nurses, aides and the like of not washing their hands. Staying out of hospitals is also a good way to protect your health. And I also agree that if you want to do the job, you do what is required of you in that profession.

I get a flu shot every year. This year my hubbie got one two, against his objections and wow are we glad we did. The flu has not even reached the 50 percent mark for the year and I hear the ER in some states are so overflowing that they are treating them in the parking lots behind the hospitals.

I also heard that the flu shot this year is right on target with what is out there currently. I get it because I work for seasonal people, who come here in the winter and every year they bring stuff back with them, that and the fact that I have copd, it is dangerous for me to get the flue or anything else as it may turn into bronchitis and then pneumonia.

LOL, a load of you know what? most of the articles are imo. lol

In case I have not done so, let me welcome you to the forum....Its always good to know there is a nurse or two hanging around just in case!
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Avatar universal
"Blindly inoculating everyone for everything strikes me of overkill.".......OH

Totally agree.  
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Avatar universal
Speaking as a nurse, you all should probably be more wary of nurses who AREN'T practicing good handwashing vs. if they are going to give you the "flu" if they don't have the flu shot.  Hospitals and doctors' offices are piping full of bacteria and viruses and there ISN'T any "vaccination" for everything.  In other words, stay out of these places if you AREN'T seriously sick.

Keep in mind there are many variant strains of the influenza virus and not all the strains are included in this seasonal vaccine......that would be impossible to include every strain.  The three major strains for that season are included in the vaccine.  Dr. William Schaffner FAILED to mention this.

"There seems to be a persistent myth that you can get flu from a flu vaccine among nurses."..............I highly DOUBT this; that's what alot of patients think, NOT nurses.  We KNOW better than that.  

Gastrointestinal flu is NOT influenza; it's Gastroenteritis.  Something TOTALLY different and a vaccine will NOT protect you against this.  

Everyone states......."Oh, I get the flu all the time."  In reality, he/she might have NOT had any "flu," but indeed something else.  Unless you were confimed by a lab test that you INDEED have the flu/positive for the virus, then you really don't know what you have or had.  

Hey, if you need your job, then you have to do what you have to do.....get the vaccine, but some of this article is a LOAD of you know what.  
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163305 tn?1333668571
Your situation is exactly how I think they should be used, in certain circumstances.
You had a good reason to need this inoculation. Blindly inoculating everyone for everything strikes me of overkill.
There are too many things medically speaking, that were once considered fine for our health, that is no longer. For this reason, I think it is best to tread cautiously.
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Avatar universal
I think it is the psychological aspect... "I know the chance of something adverse happening is minimal, but what if my kid is the 1 in a 1,000,000".  When it comes to things like this, I just shut off the questioning part of my head.  
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377493 tn?1356502149
Chicken Pox is a bit perplexing to me as well.  I would up having the vaccine when we decided to start trying to have a baby because I had never had it, and in adulthood it's pretty dangerous (particularly if you are pregnant), so that made sense to me.  Honestly not sure of the rationale behind giving it to kids...perhaps your right in your reasons why. I sure agree that it seems many treat their sick kids as a pain in the rear rather then wanting to care for them through it.  
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163305 tn?1333668571
I too will let my inner Buddhism come out and promote the middle path.

There are pros and cons to vaccinations.
I really have no problem with the 'biggies' such as polio.
To me the horrors of polio make the risk worthwhile, but chicken pox ??

Why do we need a vaccine against chicken pox other than to make money for the manufacturers or possibly so parents aren't forced to be home caring for a sick child.

( I may have gotten lucky as whooping cough wasn't around where we lived while my kids grew up. I didn't hear of anyone having it in our area during that time)
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377493 tn?1356502149
You don't sound come offish at all.  I appreciate good conversation, and like to hear all different perspectives, especially when it stays civil as this thread has.

I still am having a hard time finding the argument here.  Very few kids have a negative reaction to vaccines if you compare to the amount that have them done.  Of course, this is easy to say until it's your kid that has the reaction right?  I understand that.  For example, I completely understand why Rivil would feel nervous given what she experience with her oldest child.  In her shoes, I would feel the same.  

I guess really, we always have to weigh the benefit against the risk.  In most cases, the benefit does outweigh the risk.  However, I would go back to saying that for those kids who for some reason cannot be vaccinated, they need to depend even more on those who can, know what I mean?  Whooping cough is coming back.  Who knows whats next?  Polio?  It terrifies me to even think about it.

Barb, I fully agree with your comments on the nurses stance on this.  How very very true.
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Avatar universal
This is the Buddhist in me talking, and trying to not sound "come offish".  As for the reasons to not vaccinate, to the people who are holding back and not vaccinating their kids, their reasons are completely legitimate to them.  I am sure that, "If I okay this vaccination and my child gets it and dies" is a question that a lot of parents deal with.

I think it has a lot to do with faith in the medical field as a whole.  (Then of course there is always some one who will not vaccinate because of religious purposes.)  

This is one of those things that a lot of people can really get hung up on.  
Helpful - 0
649848 tn?1534633700
Forgot to mention -- the hospital notified personnel of the rule change regarding the flu shot and must have given a rather long window for employees to comply, because the nurse had time to file 3 exemptions and a couple of appeals - those things don't happen overnight....

"When Hoover first heard about the mandate, she said she didn't realize officials would take it so seriously. She said she filed two medical exemptions, a religious exemption and two appeals, but they were all denied. The Dec. 15 flu shot deadline came and went. Hoover's last day of employment was Dec. 21."

To me, the first sentence in that paragraphs says volumes.  Almost sounds like she thought they wouldn't do anything to her if she didn't comply, then when they did follow through, what a shocker.......
Helpful - 0
649848 tn?1534633700
I totally agree that those not vaccinated are a health threat to others, and I'll use myself and my husband as an example....  

Neither of us has had flu shots, other than the one time I mentioned above, after which I got horribly ill.  Many of you know of the ordeal that I went through caring for my elderly aunt, over the years and who recently passed away. She had breast cancer, as well as an autoimmune disease and other medical issues, so I *always* made sure she had her flu and pneumonia shots, even though I didn't get them...... our not getting the shots still made her vulnerable, because of her age and weakened immune system.  For that reason, if either of us so much as had a sniffle, twinge of sore throat, or any symptom that could be construed as an illness, we didn't go visit her, which often upset her, but was for her own good.

We practice the same precautions with our 2 yr old granddaughter, who is still in the process of being vaccinated.

As to the other "routine" vaccinations that children get - I never had those, because my mother contracted a light case of polio following vaccination, so she didn't believe in the shots....... At that time, the vaccinations were an "option" for school children but not mandatory.  I had all the usual childhood diseases, including a couple different types of measles (more than once), mumps, chicken pox, etc.  My biggest fear, at this point, is shingles.

I've been vaccinated (twice through my previous job) for hep B, but when tested, do not have the antibodies.  I have 2 autoimmune diseases, though.
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