# Should we be able to sue non-vaccinating parents? **URL:** \ **Category:** Great Debates\ **Created:** [August 13, 2013, 6:27pm UTC](https://boards.straightdope.com/t/should-we-be-able-to-sue-non-vaccinating-parents/666145 "2013-08-13T18:27:09Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![LavenderBlue](https://avatars.discourse-cdn.com/v4/letter/l/e95f7d/32.png) [@LavenderBlue](https://boards.straightdope.com/u/LavenderBlue)\ **Post date:** [August 13, 2013, 6:27pm UTC](https://boards.straightdope.com/t/should-we-be-able-to-sue-non-vaccinating-parents/666145/1 "2013-08-13T18:27:09Z")
My law professor friend Dorit argues yes. I am not a lawyer but some of these vaccine preventable diseases are incredibly dangerous and highly contagious. To court them by non-vaccination seems as deliberate a threat to public health as pooping in the water supply. > [@](#): > > [Anti-vaxxers: Why parents who don’t vaccinate their kids should be sued or criminally charged.](http://www.slate.com/articles/news_and_politics/jurisprudence/2013/08/anti_vaxxers_why_parents_who_don_t_vaccinate_their_kids_should_be_sued_or.html) > > Dorit Rubinstein Reiss, a professor of law at UC Hastings College of the Law and author of the blog Before Vaccines, argues in support of Caplan and his co-authors that if you fail to take reasonable precautions to prevent your child from transmitting a deadly virus to another child, you should bear the cost of that risk. If the government doesn’t impose liability, it is giving anti-vaxxer parents a free pass for posing a danger. > > There should be exceptions, of course. A child may be too young to receive a vaccine or may be undergoing a medical treatment like chemotherapy that prevents vaccines from working. A vaccine shortage or lack of access to a medical facility would legally excuse a parent for not vaccinating. ---
**Author:** ![aNewLeaf](https://avatars.discourse-cdn.com/v4/letter/a/ac91a4/32.png) [@aNewLeaf](https://boards.straightdope.com/u/aNewLeaf)\ **Post date:** [August 13, 2013, 6:44pm UTC](https://boards.straightdope.com/t/should-we-be-able-to-sue-non-vaccinating-parents/666145/2 "2013-08-13T18:44:17Z")
Can’t sue for a hypothetical threat. As for somebody actually catching a disease from someone who isn’t vaccinated, that’s a great way to set a precedent for suing every time someone sneezes. ---
**Author:** ![Simplicio](https://avatars.discourse-cdn.com/v4/letter/s/c37758/32.png) [@Simplicio](https://boards.straightdope.com/u/Simplicio)\ **Post date:** [August 13, 2013, 6:48pm UTC](https://boards.straightdope.com/t/should-we-be-able-to-sue-non-vaccinating-parents/666145/3 "2013-08-13T18:48:05Z")
I don’t think it would do much to deter people from forgoing vaccinations. The chances of any one kid, even an unvaccinated one, starting an epidemic are too small. Most parents determined not to vaccinate would just play the odds (which is more or less what they’re doing even without the threat of a lawsuit). And from a practical standpoint, the amount of money you’d be able to recover from the average young parent is probably pretty negligible, especially divided amongst all the people affected by an epidemic. So from the damage mitigation standpoint, it also seems a poor strategy. Education and requiring vaccinations to attend schools and other institutions that receive public moneys seems a much more effective method. ---
**Author:** ![madsircool](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/madsircool/32/3432_2.png) [@madsircool](https://boards.straightdope.com/u/madsircool)\ **Post date:** [August 13, 2013, 7:08pm UTC](https://boards.straightdope.com/t/should-we-be-able-to-sue-non-vaccinating-parents/666145/4 "2013-08-13T19:08:12Z")
Forcing medical procedures on people against their will is also a human rights violation. ---
**Author:** ![Hentor\_the\_Barbarian](https://avatars.discourse-cdn.com/v4/letter/h/8edcca/32.png) [@Hentor\_the\_Barbarian](https://boards.straightdope.com/u/Hentor_the_Barbarian)\ **Post date:** [August 13, 2013, 9:05pm UTC](https://boards.straightdope.com/t/should-we-be-able-to-sue-non-vaccinating-parents/666145/5 "2013-08-13T21:05:47Z")
> [@aNewLeaf](#): > > Can’t sue for a hypothetical threat. > As for somebody actually catching a disease from someone who isn’t vaccinated, that’s a great way to set a precedent for suing every time someone sneezes. You can get vaccinated against sneezing? ---
**Author:** ![aNewLeaf](https://avatars.discourse-cdn.com/v4/letter/a/ac91a4/32.png) [@aNewLeaf](https://boards.straightdope.com/u/aNewLeaf)\ **Post date:** [August 13, 2013, 9:11pm UTC](https://boards.straightdope.com/t/should-we-be-able-to-sue-non-vaccinating-parents/666145/6 "2013-08-13T21:11:48Z")
You can stay home. ---
**Author:** ![Jackmannii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jackmannii/32/311_2.png) [@Jackmannii](https://boards.straightdope.com/u/Jackmannii)\ **Post date:** [August 13, 2013, 9:18pm UTC](https://boards.straightdope.com/t/should-we-be-able-to-sue-non-vaccinating-parents/666145/7 "2013-08-13T21:18:16Z")
I would instead argue for the ability to sue schools, day care centers and other public and private facilities that allow attendance by unvaccinated children whose parents do not have justifiable health or religious exemptions for vaccination. ---
**Author:** ![even\_sven](https://avatars.discourse-cdn.com/v4/letter/e/dfb087/32.png) [@even\_sven](https://boards.straightdope.com/u/even_sven)\ **Post date:** [August 13, 2013, 9:20pm UTC](https://boards.straightdope.com/t/should-we-be-able-to-sue-non-vaccinating-parents/666145/8 "2013-08-13T21:20:26Z")
Sweet. This would mean I can probably make a pretty penny suing the third world. ---
**Author:** ![NotDeadYet](https://avatars.discourse-cdn.com/v4/letter/n/22d042/32.png) [@NotDeadYet](https://boards.straightdope.com/u/NotDeadYet)\ **Post date:** [August 13, 2013, 9:24pm UTC](https://boards.straightdope.com/t/should-we-be-able-to-sue-non-vaccinating-parents/666145/9 "2013-08-13T21:24:35Z")
O.K. so a kid who didn’t get vaccinated comes down with chicken pox and who does he infect? Another kid who didn’t get vaccinated, so am I missing something? Who does the suing? And what are their grounds? ---
**Author:** ![Qin\_Shi\_Huangdi](https://avatars.discourse-cdn.com/v4/letter/q/f04885/32.png) [@Qin\_Shi\_Huangdi](https://boards.straightdope.com/u/Qin_Shi_Huangdi)\ **Post date:** [August 13, 2013, 9:29pm UTC](https://boards.straightdope.com/t/should-we-be-able-to-sue-non-vaccinating-parents/666145/10 "2013-08-13T21:29:25Z")
> [@madsircool](#): > > Forcing medical procedures on people against their will is also a human rights violation. Except in this case, children obviously aren’t consenting or not consenting to vaccinations but rather their parents or guardians. ---
**Author:** ![Red\_Stilettos](https://avatars.discourse-cdn.com/v4/letter/r/fbc32d/32.png) [@Red\_Stilettos](https://boards.straightdope.com/u/Red_Stilettos)\ **Post date:** [August 13, 2013, 9:32pm UTC](https://boards.straightdope.com/t/should-we-be-able-to-sue-non-vaccinating-parents/666145/11 "2013-08-13T21:32:30Z")
> [@NotDeadYet](#): > > O.K. so a kid who didn’t get vaccinated comes down with chicken pox and who does he infect? Another kid who didn’t get vaccinated, so am I missing something? Who does the suing? And what are their grounds? That does happen, but there is also the risk of infecting children who aren’t yet of age to receive the vaccine or that have only received a partial series (i.e.- one shot out of a three shot series). ---
**Author:** ![Folly](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/folly/32/3219_2.png) [@Folly](https://boards.straightdope.com/u/Folly)\ **Post date:** [August 13, 2013, 9:37pm UTC](https://boards.straightdope.com/t/should-we-be-able-to-sue-non-vaccinating-parents/666145/12 "2013-08-13T21:37:25Z")
> [@NotDeadYet](#): > > O.K. so a kid who didn’t get vaccinated comes down with chicken pox and who does he infect? Another kid who didn’t get vaccinated, so am I missing something? Who does the suing? And what are their grounds? You’re missing the concept of [herd immunity](http://en.wikipedia.org/wiki/Herd_immunity) and the actual effectiveness percentage of vaccines which is not 100%. ---
**Author:** ![LavenderBlue](https://avatars.discourse-cdn.com/v4/letter/l/e95f7d/32.png) [@LavenderBlue](https://boards.straightdope.com/u/LavenderBlue)\ **Post date:** [August 13, 2013, 9:37pm UTC](https://boards.straightdope.com/t/should-we-be-able-to-sue-non-vaccinating-parents/666145/13 "2013-08-13T21:37:52Z")
What about these parents? A single child triggered a measles epidemic in San Diego a few years ago that cost thousands to contain. His parents deliberately left him unvaccinated and then traveled abroad. > [@](#): > > [http://health.usnews.com/health-news/family-health/infectious-diseases/articles/2010/03/22/measles-outbreak-triggered-by-unvaccinated-child](http://health.usnews.com/health-news/family-health/infectious-diseases/articles/2010/03/22/measles-outbreak-triggered-by-unvaccinated-child) > > The San Diego outbreak, which Seward said was quickly and aggressively contained by the public health department, cost about $177,000 to get under control. Those costs include direct medical charges, the cost of quarantining those exposed, plus the expense of state and county personnel involved in containing the outbreak. ---
**Author:** ![drewtwo99](https://avatars.discourse-cdn.com/v4/letter/d/d07c76/32.png) [@drewtwo99](https://boards.straightdope.com/u/drewtwo99)\ **Post date:** [August 13, 2013, 9:55pm UTC](https://boards.straightdope.com/t/should-we-be-able-to-sue-non-vaccinating-parents/666145/14 "2013-08-13T21:55:39Z")
I don’t know about suing, but it should definitely be a criminal matter. Vaccines should absolutely be mandatory, required by law, etc. I guess this implies that civil damages should be awarded to those who break the law and spread diseases. ---
**Author:** ![aNewLeaf](https://avatars.discourse-cdn.com/v4/letter/a/ac91a4/32.png) [@aNewLeaf](https://boards.straightdope.com/u/aNewLeaf)\ **Post date:** [August 13, 2013, 10:02pm UTC](https://boards.straightdope.com/t/should-we-be-able-to-sue-non-vaccinating-parents/666145/15 "2013-08-13T22:02:35Z")
> [@](#): > > Vaccines should absolutely be mandatory, required by law Medicine is a matter for doctors and patients- no need to get the government involved. ---
**Author:** ![Simplicio](https://avatars.discourse-cdn.com/v4/letter/s/c37758/32.png) [@Simplicio](https://boards.straightdope.com/u/Simplicio)\ **Post date:** [August 13, 2013, 10:08pm UTC](https://boards.straightdope.com/t/should-we-be-able-to-sue-non-vaccinating-parents/666145/16 "2013-08-13T22:08:48Z")
> [@aNewLeaf](#): > > Medicine is a matter for doctors and patients- no need to get the government involved. If your spreading a virulent disease to other people, its pretty clearly an issue that no longer involves just you and your doctor. ---
**Author:** ![aNewLeaf](https://avatars.discourse-cdn.com/v4/letter/a/ac91a4/32.png) [@aNewLeaf](https://boards.straightdope.com/u/aNewLeaf)\ **Post date:** [August 13, 2013, 10:10pm UTC](https://boards.straightdope.com/t/should-we-be-able-to-sue-non-vaccinating-parents/666145/17 "2013-08-13T22:10:32Z")
Nobody is talking about that. The topic of this thread is vaccination. ---
**Author:** ![Voyager](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/voyager/32/133_2.png) [@Voyager](https://boards.straightdope.com/u/Voyager)\ **Post date:** [August 13, 2013, 10:12pm UTC](https://boards.straightdope.com/t/should-we-be-able-to-sue-non-vaccinating-parents/666145/18 "2013-08-13T22:12:30Z")
> [@aNewLeaf](#): > > Medicine is a matter for doctors and patients- no need to get the government involved. Doctors can advise, but not enforce. Doctors cannot force vaccinations on anyone, and can’t even confine a dangerously contagious person. The Typhoid Marys of the world get confined by governments, not doctors. ---
**Author:** ![Voyager](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/voyager/32/133_2.png) [@Voyager](https://boards.straightdope.com/u/Voyager)\ **Post date:** [August 13, 2013, 10:19pm UTC](https://boards.straightdope.com/t/should-we-be-able-to-sue-non-vaccinating-parents/666145/19 "2013-08-13T22:19:12Z")
> [@aNewLeaf](#): > > Nobody is talking about that. The topic of this thread is vaccination. Vaccination prevents the kid from spreading the virulent disease. What do you propose when he does? Care to respond to the evidence that it does happen? [Here](http://articles.latimes.com/2010/sep/23/local/la-me-whooping-cough-20100923) is an article blaming unimmunized adults for the spread of whooping cough in California, which killed 9 infants in 2010. ---
**Author:** ![Simplicio](https://avatars.discourse-cdn.com/v4/letter/s/c37758/32.png) [@Simplicio](https://boards.straightdope.com/u/Simplicio)\ **Post date:** [August 13, 2013, 10:22pm UTC](https://boards.straightdope.com/t/should-we-be-able-to-sue-non-vaccinating-parents/666145/20 "2013-08-13T22:22:09Z")
> [@aNewLeaf](#): > > Nobody is talking about that. The topic of this thread is vaccination. Err…are you confused about the meaning of the word “virulent” or “vaccination”? [Next page](https://boards.straightdope.com/t/should-we-be-able-to-sue-non-vaccinating-parents/666145.md?page=2)