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A grad student from Springfield and a Waltham mother of two school-aged children are suing the state of Boston. This lawsuit is over the new flu vaccine requirement. They are looking for a judge to basically toss and/or get rid of the coronavirus-era rule.

Grad Student and Parent Calling Foul of Lack Over Proper Protocols

This lawsuit was filed by lawyers for Springfield College grad student Madison Schiltz and Waltham mother Tamar Massoyan-Artinian. The lawsuit claims that the state Department of Public Health didn’t follow proper protocol in creating the new requirements for the flu vaccine. In essence, it should be thrown out.

The Legislature, Not the DPH, Should Develop a New Vaccination Mandate

The DPH, which is the problem, has no authority to create a new vaccination mandate. This would be for students attending colleges and universities. In the complaint filed in Suffolk Superior Court by New York City-based lawyer Aaron Siri and Boston attorney Stefan Jouret, said only the legislature could do that.

The state Department of Public Health and its Commissioner Monica Bharel are in the suit. A request for comment by the DPH this past Saturday went unanswered .

Grad Student, Parent Prepare go with Their Lawyers Before the Court in a Month

This week, both sides were going to present their cases before a Suffolk Superior judge in Boston. However, the plaintiff and the defense have agreed to move it off for a month. This came about after the state moved the vaccination deadline. It went from the end of December to now the end of February. Therefore, the plaintiffs say they are still seeking a preliminary injunction to end the requirement.

New Influenza Immunization Requirements

Influenza immunization is going to be required for all children 6 months of age or older under the new rules. They are attending either Massachusetts child care, preschool, kindergarten, K-12 schools and colleges and universities. The Department of Public Health said the idea is to lower flu-associated illness and the overall impact of respiratory illness during the Corona Virus pandemic.

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