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Drug & Device News

By ALM Staff | Law Journal Newsletters |
November 25, 2009

Injunction, Then Short Supplies, Block New York Flu Vaccine Order

In Patterson v. Daines, 8830-09, Acting Supreme Court Justice Thomas J. McNamara, sitting in Albany, granted the plaintiff Public Employees Federation's request for a preliminary injunction against the State of New York's August 2009 order that all health care field workers receive flu inoculations by November or be subject to dismissal. The union sued to stop the mandate, arguing that New York Health Commissioner Richard Daines was without authority to impose the new requirement, which applied not only to the H1N1 inoculation, but also to vaccines against regular seasonal flu strains.

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