Can You Sue Parents Who Don't Have Their Children Vaccinated?

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If a person is injured because of a property owner's negligence, they can sue for financial compensation. Along somewhat similar lines, you may wonder whether you can sue parents who refuse to have their children vaccinated against once-common childhood diseases. Those parents are setting up a potentially unsafe situation and putting the youngest members of society at risk.

Vaccination Age Considerations

With the outbreak of measles in the United States in 2014 and 2015, parents of children too young to be vaccinated are understandably worried. Babies generally don't receive their vaccination against measles, mumps and rubella (MMR) until the age of one year. However, those that will be traveling overseas can receive an MMR vaccination as early as six months of age. 

Determining Who Started an Outbreak

Through advances in the field of epidemiology, scientists often can figure out how an outbreak of measles or another disease begins. Sometimes they can identify a specific individual who caught the disease in another country. That was possible in a 2008 measles outbreak that began in San Diego.

Other times scientists are limited to knowing the location where an outbreak began. That's the case with the 2014-2015 situation. Epidemiologists are pretty sure the outbreak started in a certain location in California, but they haven't identified a specific person who spread the disease. 

The Gravity of Measles

Although measles was once a frequent occurrence, that doesn't mean it was always a relatively minor illness. It can cause brain damage and hearing loss. It can even be fatal.

Parents may have out-of-pocket medical expenses even for a child who fully recovers. In addition, mandatory quarantines can cost parents money. One parent may have to take a few weeks of unpaid leave from work to stay home with the little one.

Can a Lawyer Help You?

If your child caught measles or another childhood disease and you know the source, can you file a lawsuit against that family? As of early 2015, the idea of filing suit against parents who don't vaccinate is still in the theoretical stages. However, you can consult personal injury lawyers like Sarkisian, Sarkisian & Associates PC at no charge and discuss your circumstances.

You also can keep a close eye on the news to learn if an attorney does take on a case like yours and has success in litigating it. At least one lawyer has said it's probably just a matter of time before someone files suit for negligence against a parent who didn't vaccinate a child.

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30 March 2015

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