Monday, October 12, 2015

Michigan Court of Appeals Directs That Children Be Vaccinated Unless Contra-Indicated by Their Pediatrician

By:  Carole L. Chiamp

In a case that has been to the Michigan Court of Appeals twice, the court has ordered that the children of parents who cannot agree on whether to have their children vaccinated, be vaccinated.  In a 3-0 decision, the court ordered that unless contra-indicated by their pediatrician, the children should receive routine vaccinations.

The court in Kagen v Kagen, (unpublished opinion No. 318459, issued on July 14, 2015) laid out that the father who desired vaccination for the children had shown by a preponderance of the evidence that vaccinating the children was in their best interests.  The best interests of the children are found in a list of factors under MCL 772.23.  Since the trial court judge had erred both times the case was before her, the Court of Appeals took control and issued its own order.

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