Judge blocks N.Y. H1N1 vaccine mandate

ALBANY, N.Y., Oct. 16 (UPI) -- A judge Friday barred New York State from requiring all healthcare workers to be vaccinated for the H1N1 virus until he holds a full hearing on the issue.

Acting Justice Thomas McNamara ruled after three nurses at the Albany Medical Center filed a lawsuit against the mandate, The New York Times reported. He scheduled a hearing Oct. 30 in the Albany Supreme Court, the district level court in the state.

Dr. Richard Daines, the state health commissioner, ordered all healthcare workers to get vaccinations against the H1N1 strain, also called the swine flu. He said health workers faced fines if they missed a Nov. 30 deadline.

Experts say the vaccine is safe and that patients who cannot get the vaccine are protected from infection when healthcare workers are vaccinated. Historically, when vaccines for healthcare workers are voluntary, the rate of compliance is half or less.

The H1N1 vaccine has encountered resistance from high-profile critics of all political persuasions. Terence Kindlon, the nurses' lawyer, said they are in the middle.

"These are not libertarians, they are not lefties, they are not right-wing lunatics," Kindlon told the Times. "They are healthcare professionals, and they think the vaccination is not going to be good for them."