Legal Considerations for Pregnant Women and Swine Flu Vaccination.

In N. Ireland the Department of Health is still advising pregnant women to get the Swine Flu vaccination, despite the fact that the pandemic has now been declared over.

The reasoning for this coming from the DHSSPSNI is that there is still some risk of Swine Flu infection and pregnant women are more at risk of any infection than most of the population.

However the actual vaccine being offered to pregnant women is the same as that offered for last years Swine Flu outbreak. Surely if there is a new outbreak, the strain of Swine Flu will be different this year, and therefore the present vaccine will not be effective in any case?

There seems to be plenty of conflicting medical advice on the issue and pregnant women are understandably confused. For instance 20 % of  pregnant women in Australia have been advised by their doctors NOT to take the vaccine due to safety concerns, and the latest statistics show a take up rate of only 6 %.

The clearest way to make sure you are getting the BEST advice for you and your baby is to ask your own obstetrician what he thinks you should do. Ask him or her what are the safety concerns and whether this vaccine will be effective for a new strain of Swine Flu this year. Ask for the advice to be in writing. This way if anything happens to you or your baby as an adverse side effect of taking the vaccine you will have a clearer course of legal action against your obstetrician than you would against the Department of Health. Dont just get the vaccine because the Department of Health send you a leaflet saying you should!

Suggested questions you could ask:

1) The risk of miscarriage. Have any mothers who have had the Swine Flu vaccination miscarried? Can you be certain that you will not miscarry as a result of this vaccine?

2) The risk to the baby. How can it be safe for the unborn child to have a full dose of vaccine and not for children under five?

3) Is this vaccine going to protect me against a new outbreak of Swine Flu this year?

4) Are there any known neurological disorder side effects to this vaccine?  Have there been any cases of Guillain–Barré syndrome or Narcolepsy from this vaccine?

Research the topic yourself and get the medical advice from the person who is overseeing your pregnancy and has your health and your childs health interests at heart. This is the person with knowledge of your personal requirements as a patient and who has responsiblilty for you and your baby.

(This comment is a general view. Each medical case is differenct and advice on a particular case should be sought from a solicitor.)

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