6 families sue Mass. over school flu shot

Mandate for schoolchildren said to violate religious freedoms

BOSTON – A Rockland family with four school-aged children is among six families suing Gov. Charlie Baker and the state Department of Public Health over the requirement that schoolchildren be vaccinated against the flu.

The lawsuit is part of an effort by Vincent Delaney to fight the mandates. On the GoFundMe website, Delaney has raised $80,414 to fund the suit fighting the mandatory flu vaccinations. The private “Flu You Baker” Facebook group has more than 13,000 members.

Delaney has a pending lawsuit against Baker for the shutdown of businesses related to the pandemic and has hired three lawyers to work on the flu case, one in Massachusetts and two from Florida.

Burlington lawyer Thomas Mason said the case is being spearheaded by the two Florida attorneys, Patrick Leduc of Tampa, and Luke Lirot of Clearwater.

Leduc said Delaney contacted him and Lirot to file the case in Massachusetts.

“My first question was, ‘Why us?’ ” Leduc said. “I guess he just felt comfortable with the people here and some of the things we’ve been litigating.”

The issues presented in the lawsuit – including whether the government can require schoolchildren to be vaccinated against the flu – are germane to anywhere in the country, he said.

“These are all national issues and we’re all working our way through these things,” Leduc said.

Leduc said the lawsuit is important because it is likely that state governments will require schoolchildren to receive vaccinations for COVID-19.

Leduc said they made every claim against the vaccine mandate they could, including that it violates the religious freedoms of the parents filing the lawsuit. The specifics have not yet been filed in court.

Leduc said schooling is a fundamental right, as is the choice to refuse what he calls a “not medically necessary” vaccine.

The new requirement is an important step to reduce flu-related illness and the overall impact of respiratory illness during the pandemic, the Massachusetts Department of Health says. Students must receive a flu

“These are all national issues and we’re all working our way through these things.” Patrick Leduc

Attorney helping spearhead the Massachusetts lawsuit

vaccine by Dec. 31 for the 2020-21 influenza season.

Although the state Department of Health says a religious exemption still applies, the state law requiring immunizations for students says it applies only “in the absence of an emergency or epidemic of disease.”

Quincy Health Commissioner Ruth Jones said flu vaccinations are important because influenza and COVID-19 share many of the same symptoms, making it harder to figure out what someone has. The typical flu season ramps up in November as temperatures drop.

If someone does get sick with the flu, it weakens their immune system, making them more susceptible to being infected, she said.

More flu cases means more stress on the health care system as the number of coronavirus cases rises in the country and the state.

Hospitals around the state are preparing for a second surge of patients.