The debate over vaccinations raged this past month with an outbreak of the measles affecting Jewish communities in America and in Israel led to many questions about the halachos of not vaccinating a child. Turning to the secular judicial system, attorney Julia Shenkar, an expert on tort law, was asked about suing anti vaxxers.
Attorney Shenkar says such a claim, even if possible, is very complicated since it depends on a number of circumstantial factors that are difficult to prove. “It’s possible to sue if it’s possible to prove damage was done.
“In my opinion, one can try to sue parents whose children have not been vaccinated and infected other children, but this type of claim is a serious one, because there’s a lot to prove. Among other things, it’s necessary to prove a causal link between the outbreak of the disease and that child’s non-vaccination, and whether that child infected others or not.”
“I do not see any possibility of suing for damages,” Shankar concludes, noting that it is up to the legislature that as long as parents do not have to vaccinate, it is impossible to rely on legislation to sue those who did not. Here comes the ethical issue and the difficulty in granting medical treatment to those who are not interested in it. An issue that is still being discussed in the legal, ethical, and medical arena of Israel and the entire Western world.”
Read more at Arutz Sheva.