Monroe County Supreme Court Justice Richard Dollinger ruled against the father, Donald Figer, in a decision last week, saying his daughter Jeannie may be immunized against his wishes at the direction of her mother, who he divorced in 2012. Though the court described Figer as “an accomplished scientist and professor” at a local college, it rejected his concerns about the vaccines outright, insisting that it was not reasonable to expect certainty about their safety or effectiveness.
“Waiting – to be ‘sure,’ as the father asks – is simply untenable, when the specter of a killing or incapacitating disease is swirling in the environment surrounding this young girl,” the judge said in his ruling, adding that the “scientific certainty that the father seeks about complications from the vaccine” was not a legitimate standard.
This Court, weighing the child's best interests, cannot wait for the vaccine's side effects or efficacy to be scientifically established beyond a reasonable doubt... The imminent risk of contracting the disease is too high and the consequences of acquiring it potentially too dire.
“The mother is ordered to schedule an immediate appointment for the child to be administered an age appropriate vaccine from the pediatrician or her office staff as soon as possible,” the ruling continued.
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