Judge: Brigham and Women's has right to require staff get flu vaccine

Brigham and Women’s Hospital has the right to order its employees to get the flu vaccine, a judge found yesterday in a decision that is raising the ire of the Massachusetts Nurses Association.

“We are disappointed with the decision and are considering an appeal,” said MNA spokesman David Schildmeier. “To threaten a nurse with her job for exercising her right under (Department of Public Health) regulations to decline the vaccine, when that vaccine in the last two years has been between 20-35 percent effective, is an unfair and punitive policy.”

Judge Anthony M. Campo of Suffolk Superior Court yesterday ruled in favor of the Brigham, which last fall began mandating all employees to get the flu vaccine, barring medical or religious reasons. Those who are unvaccinated are required to wear face masks.

“Our mandatory influenza vaccination policy was implemented to ensure we provide the highest quality, safest environment for our patients, visitors and our employees,” said Erin McDonough, Brigham spokeswoman. “We are gratified that the court has affirmed our right to implement this policy.”

The MNA contends there is no need for stringent policy, given what they say is the Brigham staff’s 98 percent vaccination rate.

Epidemiologists urge the vaccination of hospital personnel, given the vulnerable population they care for. Even a vaccine poorly matched with the virus during a particular season may provide some protection, they note.

This flu season has seen a spike in cases, with more than 16,000 confirmed in Massachusetts so far.