Federal appeals court refuses to halt mandatory anthrax vaccinations for members of the armed services. Eight plaintiffs challenged a FDA order that found the vaccine effective; they did not contest the safety of the vaccine. Rempfer v. Sharfstein, #08-5117, 2009 U.S. App. Lexis 21344 (D.C. Cir.).
     Federal judge in Washington enjoins the DoD from inoculating service personnel for anthrax, without their consent or a Presidential proclamation of exigent circumstances. Doe #1 v. Rumsfeld, #03-707, 2003 U.S. Dist. Lexis 22990 (D.D.C. 2003). The DoD temporarily stopped anthrax inoculations until the legal questions are resolved. {N/R}
     Under the Smallpox Emergency Personnel Protection Act of 2003, P.L. 108-20, 117 Stat. 638, the Health and Human Services Dept. has issued an interim final rule implementing a $42 million program to provide medical and financial benefits to persons suffering health problems from smallpox vaccinations. The program provides for a $262,100 lump-sum payment to families of emergency response and other workers killed by the vaccine. Smallpox Vaccine Injury Compensation Program, 68 Fed. Reg. 70079 (12/16/03). {N/R}
     Federal appeals court upholds the termination of two civilian Navy Dept. workers who refused to be inoculated against anthrax. Mazares v. Dept. of the Navy, #01-3337, 302 F.3d 1382, 2002 U.S. App. Lexis 18684 (Fed. Cir. 2002); cert. den. # 02-846, 123 S.Ct. 1748, 2003 U.S. Lexis 2732 (Sup.Ct. 2003). [2003 FP Mar & Apr]
     Fire dept. could not furlough or restrict the duties of a firefighter with chronic Hepatitis B. $100,000 damages and injunctive relief ordered. Roe v. Dist. of Columbia, 842 F.Supp. 563 (D.D.C. 1993). [1994 FP 67-8]
     Active carrier of hepatitis B has protected handicap; must be admitted to federally funded program even though he bites and scratches. Kohl v. Woodhaven Learning Center, 672 F.Supp. 1226 (W.D. Mo. 1987).
     Emergency medical technician failed to show that hepatitis was an occupational disease. Futlon-Dekalb Hospital Authority v. Bishop, 365 S.E.2d 549 (Ga. App. 1988).
     See also:, AIDS Related; Handicap Discrimination