NY Nurse Sues Over Mandatory Swine Flu Vaccine
A registered nurse has filed a lawsuit against New York State, asking a judge to block a state policy requiring health care workers to get vaccinated against the flu.

Suzanne Field of Dutchess County is serving to protect the rights of nearly 60,000 medical and emergency personnel who are obligated to receive a flu shot. The emergency rule was enacted following this year's swine flu scare.

This fall, New York became the first state to require health care workers get a vaccine for both the seasonal flu and the swine flu if they want to continue working. Health officials say the flu can be fatal if contracted by people who are already ill.

But, others are questioning the mandatory measure. Many have begun to express concern over the vaccines' safety.

State Health Commissioner Richard Daines said the rule is both legal and necessary to protect the public. He points to similar rules that require health care workers to get vaccinated against the measles and rubella.

Meanwhile, the New York State Nurses Association says it encourages its members to get vaccinated voluntarily, but opposes the new rule. The association argues there should be exemptions for people who want to opt out for religious or philosophical reasons.

Currently, between 30 percent and 40 percent of health care workers voluntarily get a flu shot each year.

Field's request for a restraining order is now before a judge in Manhattan. A hearing is planned for Wednesday.