Court Rules Feds Can Vaccinate Kids Without Consent Under Public Health Emergencyselfnews Post Matters seemed resolved as that court ruled in her favor saying that the Public Readiness and Emergency Preparedness Act (PREP) couldnt extend to just any situation where government workers could administer drugs without consent. But that ruling was short lived. The health department appealed and it was the Third Judicial Appellate Court that overturned the previous ruling, deciding on November 21st this year, that PREP trumps, or rather, preempts state laws regarding that matter. Did you know that we are apparently in an unending state of public health emergency? The emergency in the situation above? H1N1 flu Madison Parker was given a Peramivirinoculation for H1N1 flu virus. But this ruling was based on an assumed intention of Congress and the assumption of public health emergency: And we wouldnt want to let a good government contract go to waste. Peters also wrote: Peters said that because there are exclusive federal remedies (the Federal Governments just cause under PREP), that reason further supports preemption. Therefore, the decision concluded the complaint must be dismissed for lack of subject matter jurisdiction. And what have we here? Another compensation program! That should make everything all better, right? Courthouse News wrote: So, not only is PREP admitting and setting up funds for very possible injuries upon administering vaccinations, but they themselves are immunized from liability in civil liberties violations administering drugs against a persons will. Great swerve guys same MO every time. Brian Shilhavy over at Health Impact News made some great points about the case: Points like these, civil liberties, and state exemptions for religious, philosophical, and medical reasons exist but are not often upheld. Especially when the Federal Government can arbitrarily declare state of emergency and trump state rulings. It also seems like for anyone in this type of situation it might be better to sue only individuals involved, not governmental departments what do you think? Read other articles by Heather Callaghan Here 