Judge orders young girl to be vaccinated

The ‘‘pro-informed choice’’ mother argued the child was at increased risk of an adverse reaction to vaccines as she had ‘‘personal and family history’’ of dairy and gluten intolerance, eczema, food and chemical sensitivities and medication reactions.

A 5-year-old girl at the centre of an immunisation battle between her parents will be vaccinated against some illnesses but not others, a judge has decided.

The decision, released to Stuff yesterday afternoon, comes after a two-year stoush in the courts.

Her father wanted her vaccinated in line with Ministry of Health and World Health Organisation guidelines, however her mother said the risk of her having an adverse reaction to a vaccine outweighed the risk of her remaining unimmunised.

The pair appeared before Judge David Burns in the Family Court on October 7, who was tasked with deciding what vaccines – if any – the child would receive.

The ‘‘pro-informed choice’’ mother argued the child was at increased risk of an adverse reaction to vaccines as she had ‘‘personal and family history’’ of dairy and gluten intolerance, eczema, food and chemical sensitivities and medication reactions.

However an expert witness told the court the girl was not ‘‘allergy prone’’, making her risk of adverse reaction ‘‘the same of any child off the street’’.

Her parents had agreed out of court she would be immunised for MMR (measles, mumps, rubella) ‘‘immediately’’ and Dtap (diptheria, tetanus and pertussis).

However, they remained in dispute over whether a number of other vaccinations should be given, including Hepatitis B, polio and HPV, which the judge had to decide.

Judge Burns ordered the child would be vaccinated against Hepatitis B, accepting the evidence it had ‘‘long-term benefits’’ for the child, and was more likely to be effective long-term if administered now and not at an older age.

The court did not make a ruling regarding HPV (human papilloma virus).

If the parents could not agree on her having the HPV vaccine when she turns 12 a fresh application would have to be made to the court, the judge said.

The child would not receive the polio vaccine on the basis the risk was ‘‘very low’’, Judge Burns said in the judgment.

He also ordered the girl undergo a blood test (Titre) to determine whether she has received immunity to MMR following the first dose, as requested by her mother.

If the Titres test shows she had acquired immunity ‘‘the boosters will not be needed’’.

The orders were consistent with the ‘‘modified position’’ reached by her parents during the hearing, it said.

The decision comes as New Zealand battles its worst measles outbreak in more than two decades.

More than 1800 people have contracted the highly infectious disease across the country this year, with Auckland worst affected.

Judge Burns said he considered that the benefits of the vaccination regime as ordered outweigh the risks.

The judge said he was ‘‘pleased to see’’ a ‘‘large measure of agreement’’ between the parents at the end of the day.