Posted Oct. 9, 2009

An LPN in Georgia has been instructed not to come to work unless she receives a seasonal flu vaccination.

Adeline Vales, LPN, who works for a pediatrician's office in Dallas, GA, is refusing the flu shot due to an adverse reaction she experienced from a previous vaccination, according to a report by WXIA-TV in Atlanta.

Her employer, Kola Ologunja, MD, is requiring all staff to receive the vaccination. Though Vales has provided a note from her physician verifying her negative reaction to the vaccine, Ologunja wants further proof that the nurse is allergic. He has offered to pay for Vales to have allergy testing, but the LPN has refused to be tested.

"Why is my right to refuse the flu vaccine taken away from me?" she said to WXIA. The LPN said she practices standard hygienic care and has offered to wear a mask. "I'm not a risk to my patients."

"[Her right to refuse the vaccine] doesn't trump my rights to protect my staff members or my patients," Ologunja told WXIA. "[The vaccination] is recommended by the CDC; it's recommended by the Academy of Pediatrics; it's recommended by the government."

Flu shots are not mandatory for healthcare professionals in Georgia, however, employers can set vaccine mandates for employment, WXIA reported. When asked about Vales' situation, Department of Labor officials told the TV station it has "no jurisdiction" in the matter.

In response to the story, Debbie Hackman, CEO of the Georgia Nurses Association (GNA), wrote to WXIA, stating that "GNA strongly recommends that nurses . who provide direct patient care be vaccinated against the influenza virus. Absent of a CDC requirement for mandatory annual influenza vaccination of all healthcare workers, GNA supports voluntary efforts including implementation of aggressive and comprehensive influenza vaccination programs for registered nurses that aim for 100 percent vaccination rates."

Though Vales is not allowed to work in the Ologunja's office until she is vaccinated, he has not terminated her employment, which would make it difficult for her to obtain unemployment benefits. It's unclear whether Vales will take legal action regarding the situation.

- Tom Kerr