Drug & Device News

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.

Soon after that decision, the issue became a non-issue, as the State's Health Commissioner rescinded his vaccination order on Oct. 22 because of a shortfall of the doses of flu vaccine necessary to cover all the workers who would need it. New York's Governor David A. Patterson announced the change in policy, stating, “Over the last week, the Centers for Disease Control and Prevention (CDC) acknowledged that New York would only receive approximately 23% of its anticipated vaccine supply by the end of the month. As a result, we need to be as resourceful as we can with the limited supplies of vaccine currently coming into the State and make sure that those who are at the highest risk for complications from the H1N1 flu receive the first vaccine being distributed right now in New York State.” The high-risk population Gov. Patterson referred to includes pregnant women, young people and those who care for small children.