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Do US teens have the right to be vaccinated against their parents’ will? It depends on where they live

Some states have a legal framework allowing “mature minors” to make their own health care decisions – but they apply it in different ways, and some don’t have it at all.

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Many U.S. states follow some form of "mature minor doctrine" allowing teens to make medical decisions without parental consent, including COVID-19 vaccination. Pete Bannan/MediaNews Group/Daily Times via Getty Images

The Centers for Disease Control and Prevention recommends COVID-19 vaccines for everyone aged 12 and up. And yet, 12- to 15-year olds are the least vaccinated age group in the country, with 1 in 3 having received one dose and just 1 in 4 being fully vaccinated – about half the rate of the population as a whole.

In some states, minors can legally decide for themselves whether they would like to get vaccinated. In Tennessee, for example, state law allows teens 14 and older to make medical treatment decisions without parental consent. But earlier this summer, state health officials fired their vaccination director after she wrote a memo explaining the law to state medical providers.

I teach vaccine law, so I know the principle that certain minors may be vaccinated without parental consent is woven into our country’s history.

It is also in line with the recommendations of the medical profession in general. In 2013, the Society for Adolescent Health and Medicine advocated “policies and strategies that maximize opportunities for minors to receive vaccinations when parents are not physically present.”

However, there’s no federal law mandating this right in the United States. Instead, there’s a state-by-state patchwork of widely varied regimes. In some, parental consent is always mandatory. In others, there are laws that establish the conditions under which minors can decide for themselves – although, as the Tennessee situation shows, even this right can cause controversy.

Parental consent is the norm

Generally, parents or legal guardians have primary legal authority to make health decisions for their children, including vaccination decisions. When a state legally allows parents to request exemptions for legally mandated childhood vaccinations, these laws universally require that the parents are the ones to take steps to obtain it.

When minor children disagree with their parents’ opposition to vaccination, they must look to statutes or case law for assistance, and may find it lacking.

As of 2021, roughly one-third of U.S. states have passed laws establishing the “mature minor doctrine”: a legal framework allowing minors to independently obtain health care without parental consent, within specified limitations. Some, but not all, specifically include vaccination.

In other states, minors may still be able to make their own medical decisions thanks to state court rulings establishing the mature minor doctrine.

The 1928 Mississippi case of Gulf & S.I.R. Co. v. Sullivan is one of the earliest of these rulings. In this case, the parents of a 17-year-old railroad employee sued his employer, alleging that a smallpox vaccination administered by the company physician had injured the teen. The parents had neither consented nor objected to his employment by the railroad or the vaccination, but later claimed that their consent was needed for the smallpox shot.

The Mississippi Supreme Court disagreed, finding that in possessing the intellectual maturity to get the railroad job, the teen also “was of sufficient intelligence to understand and appreciate the consequences of the vaccination.”

In 1967’s Smith v. Selby, the Washington State Supreme Court similarly upheld a minor’s right to make their own medical decisions – in this case, of a married teen to consent to his own vasectomy due to a medical illness.

Since then, courts in a number of other states have established the mature minor doctrine as well – including Tennessee, where the state supreme court’s 1987 ruling in Cardwell v. Bechtol allows teenagers aged 14 to 18? to consent to medical treatment so long as the treating physician finds the minor to be “sufficiently mature to make his or her own health care decisions.”

Mature minor laws can vary considerably from state to state.

Some examples:

In Alaska, Arkansas and Idaho, minors of any age may choose their own medical care when their doctor deems them capable of meeting standards of informed consent.

In Alabama, minors may consent to health care at the age of 14, in Oregon at 15 and in Kansas and South Carolina at 16. Montana provides this right to minors who have graduated from high school.

Illinois, Maine, Massachusetts, Montana, Nevada, New Jersey and Pennsylvania have statutes permitting minors to make their own medical decisions based on a variety of factors, such as gaining legal emancipation from their parents, being married – or divorced or widowed – being pregnant or a parent, or enlisting in the military.

A smaller number of states have statutes specific to vaccination. In New York, for example, minors of any age may consent specifically to vaccinations related to sexually transmitted diseases. In California and Delaware, those over the age of 12 can receive such vaccinations. In Minnesota, minors of any age may consent to the hepatitis B vaccination.

Not just an abstract legal question

When a child disagrees with their parents’ opposition to vaccination, it can deeply strain family bonds.

In 2019, in testimony before the Senate Committee on Health, Education, Labor and Pensions, an Ohio teenager named Ethan Lindenberger described how online misinformation about side effects frightened his mother to the point of refusing to let him get vaccinated.

“Her love and affection and care as a parent was used to push an agenda to create a false distress,” he said.

That left Lindenberger vulnerable to a number of preventable illnesses until he turned 18 and could decide for himself.

Lindenberger gave his testimony amid one of the worst measles outbreaks in the United States in decades. According to the CDC, 2019 saw 1,282 cases of measles in the U.S. – nearly four times higher than 2018 and the highest since 1992. The “majority of cases were among people who were not vaccinated against measles,” according to the CDC.

Unvaccinated teens can also be vulnerable financially. Shortly after the publication of my book “Vaccine, Vaccination and Immunization Law” in 2018, I met a student at Florida International University with a similar experience. By the time the student had turned 18 and chose for themselves to be vaccinated, they were too old to be covered by the federally funded Vaccines For Children program. This student told me they were unable to afford the cost of the numerous recommended series of vaccines.

Minors’ medical rights in limbo

Not all efforts by states to pass laws expanding the ability of minors to seek vaccination have succeeded. Recently, these measures have met strong opposition from the anti-vaccination movement, and history suggests that this will only increase in the face of COVID-19 vaccination hesitancy.

In 2020, a Maryland bill to permit minors over the age of 16 to consent to vaccination was withdrawn. New York lawmakers also proposed a bill that year to further expand the ability of minors over the age of 14 to consent to vaccination. So far, the bill appears to be stalled.

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In the District of Columbia, a lawsuit has been filed challenging legislation passed in 2020 permitting minors of any age – as long as they are capable of meeting standards of informed consent – to receive any vaccination recommended by the CDC’s Advisory Committee on Immunization Practices.

It now appears that anti-vaccination sentiment has stalled expansion of the mature minor doctrine. I am not aware of any current court cases involving minors seeking vaccination over parental objections, nor of any cases of minors traveling to other states to receive vaccinations under this doctrine.

Even in states where the mature minor doctrine is established, most teenagers are probably unaware of their rights. And as recent history in Tennessee shows, efforts to educate them about those rights may prove controversial.

Brian Dean Abramson does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

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Low Iron Levels In Blood Could Trigger Long COVID: Study

Low Iron Levels In Blood Could Trigger Long COVID: Study

Authored by Amie Dahnke via The Epoch Times (emphasis ours),

People with inadequate…

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Low Iron Levels In Blood Could Trigger Long COVID: Study

Authored by Amie Dahnke via The Epoch Times (emphasis ours),

People with inadequate iron levels in their blood due to a COVID-19 infection could be at greater risk of long COVID.

(Shutterstock)

A new study indicates that problems with iron levels in the bloodstream likely trigger chronic inflammation and other conditions associated with the post-COVID phenomenon. The findings, published on March 1 in Nature Immunology, could offer new ways to treat or prevent the condition.

Long COVID Patients Have Low Iron Levels

Researchers at the University of Cambridge pinpointed low iron as a potential link to long-COVID symptoms thanks to a study they initiated shortly after the start of the pandemic. They recruited people who tested positive for the virus to provide blood samples for analysis over a year, which allowed the researchers to look for post-infection changes in the blood. The researchers looked at 214 samples and found that 45 percent of patients reported symptoms of long COVID that lasted between three and 10 months.

In analyzing the blood samples, the research team noticed that people experiencing long COVID had low iron levels, contributing to anemia and low red blood cell production, just two weeks after they were diagnosed with COVID-19. This was true for patients regardless of age, sex, or the initial severity of their infection.

According to one of the study co-authors, the removal of iron from the bloodstream is a natural process and defense mechanism of the body.

But it can jeopardize a person’s recovery.

When the body has an infection, it responds by removing iron from the bloodstream. This protects us from potentially lethal bacteria that capture the iron in the bloodstream and grow rapidly. It’s an evolutionary response that redistributes iron in the body, and the blood plasma becomes an iron desert,” University of Oxford professor Hal Drakesmith said in a press release. “However, if this goes on for a long time, there is less iron for red blood cells, so oxygen is transported less efficiently affecting metabolism and energy production, and for white blood cells, which need iron to work properly. The protective mechanism ends up becoming a problem.”

The research team believes that consistently low iron levels could explain why individuals with long COVID continue to experience fatigue and difficulty exercising. As such, the researchers suggested iron supplementation to help regulate and prevent the often debilitating symptoms associated with long COVID.

It isn’t necessarily the case that individuals don’t have enough iron in their body, it’s just that it’s trapped in the wrong place,” Aimee Hanson, a postdoctoral researcher at the University of Cambridge who worked on the study, said in the press release. “What we need is a way to remobilize the iron and pull it back into the bloodstream, where it becomes more useful to the red blood cells.”

The research team pointed out that iron supplementation isn’t always straightforward. Achieving the right level of iron varies from person to person. Too much iron can cause stomach issues, ranging from constipation, nausea, and abdominal pain to gastritis and gastric lesions.

1 in 5 Still Affected by Long COVID

COVID-19 has affected nearly 40 percent of Americans, with one in five of those still suffering from symptoms of long COVID, according to the U.S. Centers for Disease Control and Prevention (CDC). Long COVID is marked by health issues that continue at least four weeks after an individual was initially diagnosed with COVID-19. Symptoms can last for days, weeks, months, or years and may include fatigue, cough or chest pain, headache, brain fog, depression or anxiety, digestive issues, and joint or muscle pain.

Tyler Durden Sat, 03/09/2024 - 12:50

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Walmart joins Costco in sharing key pricing news

The massive retailers have both shared information that some retailers keep very close to the vest.

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As we head toward a presidential election, the presumed candidates for both parties will look for issues that rally undecided voters. 

The economy will be a key issue, with Democrats pointing to job creation and lowering prices while Republicans will cite the layoffs at Big Tech companies, high housing prices, and of course, sticky inflation.

The covid pandemic created a perfect storm for inflation and higher prices. It became harder to get many items because people getting sick slowed down, or even stopped, production at some factories.

Related: Popular mall retailer shuts down abruptly after bankruptcy filing

It was also a period where demand increased while shipping, trucking and delivery systems were all strained or thrown out of whack. The combination led to product shortages and higher prices.

You might have gone to the grocery store and not been able to buy your favorite paper towel brand or find toilet paper at all. That happened partly because of the supply chain and partly due to increased demand, but at the end of the day, it led to higher prices, which some consumers blamed on President Joe Biden's administration.

Biden, of course, was blamed for the price increases, but as inflation has dropped and grocery prices have fallen, few companies have been up front about it. That's probably not a political choice in most cases. Instead, some companies have chosen to lower prices more slowly than they raised them.

However, two major retailers, Walmart (WMT) and Costco, have been very honest about inflation. Walmart Chief Executive Doug McMillon's most recent comments validate what Biden's administration has been saying about the state of the economy. And they contrast with the economic picture being painted by Republicans who support their presumptive nominee, Donald Trump.

Walmart has seen inflation drop in many key areas.

Image source: Joe Raedle/Getty Images

Walmart sees lower prices

McMillon does not talk about lower prices to make a political statement. He's communicating with customers and potential customers through the analysts who cover the company's quarterly-earnings calls.

During Walmart's fiscal-fourth-quarter-earnings call, McMillon was clear that prices are going down.

"I'm excited about the omnichannel net promoter score trends the team is driving. Across countries, we continue to see a customer that's resilient but looking for value. As always, we're working hard to deliver that for them, including through our rollbacks on food pricing in Walmart U.S. Those were up significantly in Q4 versus last year, following a big increase in Q3," he said.

He was specific about where the chain has seen prices go down.

"Our general merchandise prices are lower than a year ago and even two years ago in some categories, which means our customers are finding value in areas like apparel and hard lines," he said. "In food, prices are lower than a year ago in places like eggs, apples, and deli snacks, but higher in other places like asparagus and blackberries."

McMillon said that in other areas prices were still up but have been falling.

"Dry grocery and consumables categories like paper goods and cleaning supplies are up mid-single digits versus last year and high teens versus two years ago. Private-brand penetration is up in many of the countries where we operate, including the United States," he said.

Costco sees almost no inflation impact

McMillon avoided the word inflation in his comments. Costco  (COST)  Chief Financial Officer Richard Galanti, who steps down on March 15, has been very transparent on the topic.

The CFO commented on inflation during his company's fiscal-first-quarter-earnings call.

"Most recently, in the last fourth-quarter discussion, we had estimated that year-over-year inflation was in the 1% to 2% range. Our estimate for the quarter just ended, that inflation was in the 0% to 1% range," he said.

Galanti made clear that inflation (and even deflation) varied by category.

"A bigger deflation in some big and bulky items like furniture sets due to lower freight costs year over year, as well as on things like domestics, bulky lower-priced items, again, where the freight cost is significant. Some deflationary items were as much as 20% to 30% and, again, mostly freight-related," he added.

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Walmart has really good news for shoppers (and Joe Biden)

The giant retailer joins Costco in making a statement that has political overtones, even if that’s not the intent.

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As we head toward a presidential election, the presumed candidates for both parties will look for issues that rally undecided voters. 

The economy will be a key issue, with Democrats pointing to job creation and lowering prices while Republicans will cite the layoffs at Big Tech companies, high housing prices, and of course, sticky inflation.

The covid pandemic created a perfect storm for inflation and higher prices. It became harder to get many items because people getting sick slowed down, or even stopped, production at some factories.

Related: Popular mall retailer shuts down abruptly after bankruptcy filing

It was also a period where demand increased while shipping, trucking and delivery systems were all strained or thrown out of whack. The combination led to product shortages and higher prices.

You might have gone to the grocery store and not been able to buy your favorite paper towel brand or find toilet paper at all. That happened partly because of the supply chain and partly due to increased demand, but at the end of the day, it led to higher prices, which some consumers blamed on President Joe Biden's administration.

Biden, of course, was blamed for the price increases, but as inflation has dropped and grocery prices have fallen, few companies have been up front about it. That's probably not a political choice in most cases. Instead, some companies have chosen to lower prices more slowly than they raised them.

However, two major retailers, Walmart (WMT) and Costco, have been very honest about inflation. Walmart Chief Executive Doug McMillon's most recent comments validate what Biden's administration has been saying about the state of the economy. And they contrast with the economic picture being painted by Republicans who support their presumptive nominee, Donald Trump.

Walmart has seen inflation drop in many key areas.

Image source: Joe Raedle/Getty Images

Walmart sees lower prices

McMillon does not talk about lower prices to make a political statement. He's communicating with customers and potential customers through the analysts who cover the company's quarterly-earnings calls.

During Walmart's fiscal-fourth-quarter-earnings call, McMillon was clear that prices are going down.

"I'm excited about the omnichannel net promoter score trends the team is driving. Across countries, we continue to see a customer that's resilient but looking for value. As always, we're working hard to deliver that for them, including through our rollbacks on food pricing in Walmart U.S. Those were up significantly in Q4 versus last year, following a big increase in Q3," he said.

He was specific about where the chain has seen prices go down.

"Our general merchandise prices are lower than a year ago and even two years ago in some categories, which means our customers are finding value in areas like apparel and hard lines," he said. "In food, prices are lower than a year ago in places like eggs, apples, and deli snacks, but higher in other places like asparagus and blackberries."

McMillon said that in other areas prices were still up but have been falling.

"Dry grocery and consumables categories like paper goods and cleaning supplies are up mid-single digits versus last year and high teens versus two years ago. Private-brand penetration is up in many of the countries where we operate, including the United States," he said.

Costco sees almost no inflation impact

McMillon avoided the word inflation in his comments. Costco  (COST)  Chief Financial Officer Richard Galanti, who steps down on March 15, has been very transparent on the topic.

The CFO commented on inflation during his company's fiscal-first-quarter-earnings call.

"Most recently, in the last fourth-quarter discussion, we had estimated that year-over-year inflation was in the 1% to 2% range. Our estimate for the quarter just ended, that inflation was in the 0% to 1% range," he said.

Galanti made clear that inflation (and even deflation) varied by category.

"A bigger deflation in some big and bulky items like furniture sets due to lower freight costs year over year, as well as on things like domestics, bulky lower-priced items, again, where the freight cost is significant. Some deflationary items were as much as 20% to 30% and, again, mostly freight-related," he added.

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