History of Injury Day 2, Jacobson v. Massachusetts
So for day two of History of Injury, I'm going to take a look at the most prolific mandated vaccine court case in vaccine history....dated 1905. This case is cited STILL 110 years after the fact in decisions made by the federal and state judicial branches in regards to vaccines and civil liberties. Most recently the case in New York (Phillips vs. New York 1/2015) where 3 families fought for their right to choose and didn't even make it past the claim process, it was dismissed based on cites from this original case as many are. If we move forward with any civil action, we need to know the details of Jacobson vs. Massachusetts liken the back of our hands!
Jacobson v. Massachusetts, 197 U.S. 11 (1905), was a United States Supreme Court case in which the Court upheld the authority of states to enforce compulsory vaccination laws. The Court's decision articulated the view that the freedom of the individual must sometimes be subordinated to the common welfare and is subject to the police power of the state.
Henning Jacobson, a Swedish immigrant to the United States and a minister, lived in Cambridge, Massachusetts. During an outbreak of smallpox in 1902, he refused to comply with the town's order for all adults to be vaccinated. He claimed a vaccine had made him seriously ill as a child and had made his son and others sick as well.
The Supreme Court reaffirmed its decision in Jacobson in Zucht v. King (1922), which held that a school system could refuse admission to a student who failed to receive a required vaccination.
One analysis of the decision in Jacobson called it "a foundational public health law case" but also said that "It addressed issues about medicine, disease, and society that are no longer relevant today", because protection against airborne diseases like smallpox requires a different response from public health authorities than the diseases communicated by intimate contact for which vaccines are being developed in the late 20th and 21st centuries such as the HPV vaccine.
Injuries
Smallpox in Father, son and other children.
Articles
https://en.m.wikipedia.org/wiki/Jacobson_v._Massachusetts
http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1449224/
https://www.sciencebasedmedicine.org/ny-federal-court-hands-triple-loss-to-anti-vaccination-ideology/
Court Cases
https://scholar.google.com/scholar_case?case=16169198038706839183&q=Zucht+v.+King+(1922),&hl=en&as_sdt=2006&as_vis=1
https://scholar.google.com/scholar_case?case=17474784919803032884&q=Zucht+v.+King+(1922),&hl=en&as_sdt=2006&as_vis=1 (I'm going to write a blog about this case in the future)
http://law.justia.com/cases/federal/appellate-courts/ca2/14-2156/14-2156-2015-01-07.html
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