2 days ago
Long Island teen can return to school despite not getting third hepatitis B vaccine, judge rules
A 16-year-old Long Island girl was banned from school for not taking a required vaccine, but a federal judge has ordered her district to allow the rising junior to return.
CBS News New York spoke to the relieved teenager on Thursday.
"Sarah Doe" is not her real name, but is the name used in her legal fight that has been won, for now. The Oceanside resident will be permitted to go back to school, after being banned in February.
"I'm just a 16-year-old kid that wants to go to school," she said. "It felt like a wall broken, knowing I can go back to school and feel normal."
Supporters cheered for her outside federal court after a judge ordered the Oceanside School District to let her attend, even though she does not have the third dose of the hepatitis B vaccine.
"The judge held, essentially, that school districts are not allowed under the law to second guess treating physicians," civil rights attorney Sujata Gibson said. "Physicians say she is at risk of serious harm or death if she takes the third shot."
The teen was first exempt from vaccinations on religious grounds, but when that was overturned she was required to take 18 catch-up vaccines, including the first two hepatitis B doses.
Children's Health Defense, founded by Robert F. Kennedy Jr., has championed her case and is hailing the judge's ruling.
"She gets a perpetual rash over her body. She can experience paralysis that comes randomly," said the nonprofit's Michael Kane. "All she is trying to do is follow her doctor's advice, all that is. New York state has reached a new low to keep a medically fragile child like this out of school, and there are hundreds more."
The New York State Department of Health mandates three doses for strong and lasting protection against the potentially deadly disease. However, the teen's advocates insist there is no public health threat from failing to take a third dose of the vaccine series.
While battling in court, home schooling became the 16-year-old's only option.
"It's on a computer, and it's not a real education. I was losing friends, wasn't able to go to school. I wasn't able to play sports. I was looked down upon," she said. "I just hope no other kids have to go through this like I had to go through this."
The court ruling allows the teen to go back to school for one year, while school officials weigh whether or not to appeal.
The Oceanside School District Superintendent Dr. Phyllis Harrington issued the following statement:
"Our top priority is protecting the health and safety of all students and staff. Following the rules governing vaccination for school admission is one of the ways we do that. We also rely on the expertise of our school district physician and the New York State Department of Health. This evidence-based approach has guided our decisions consistently. We will continue to follow this approach going forward," Harrington said.
This is the second federal court in New York to rule that a school district cannot overrule treating physicians in a vaccine case.
