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Attorneys secure vaccine exemption for infant in need of ear surgery

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A Michigan hospital refused to perform a critical ear surgery for a deaf infant unless his parents agreed to a pneumococcal vaccine. (Source: file photo)

After an infant boy failed all his newborn hearing screenings and, at 5 weeks old, was diagnosed with profound sensorineural hearing loss in both ears, his parents decided to move forward with cochlear implant surgery. Fortunately, specialists said that as long as the child received the surgery before his first birthday, he was likely to catch up in his speech and language development.

After meeting with a number of specialists, the boy’s parents chose the Children’s Hospital of Michigan to perform the surgery. They were initially told that, while the pneumococcal vaccine was recommended before surgery, the parents could decline it. However, just months before the surgery, the hospital changed course. It refused to proceed with the surgery until the child was vaccinated, unless they had a sufficient medical reason to decline.

Attorneys with the Informed Consent Action Network (ICAN) stepped in and sent a letter demanding that the hospital offer a religious exemption. They also explained that by failing to accommodate the parents, the hospital was violating not only the law but also its own accreditation and non-discrimination standards. The letter also provided necessary context, pointing out that the boy’s risk of contracting bacterial meningitis, even with cochlear implants, was sporadic (0.07%).

Hospital policy reportedly requires the vaccine due to a heightened risk of bacterial meningitis following cochlear implantation. The Centers for Disease Control and Prevention (CDC) recommends pneumococcal vaccination for children with cochlear implants, but it is not federally mandated.

“We were told surgery could not go forward unless we agreed to the shot,” the child’s mother said in a written statement. “We’re not anti-vaccine — we just wanted time to consult with our pediatrician. They gave us no choice.”

The hospital declined to discuss the specific case, citing patient privacy laws. In a written statement, a spokesperson said, “Our vaccination requirements align with evidence-based safety protocols to protect vulnerable patients from preventable infections.”

Medical ethicists say such situations highlight an ongoing tension between hospital policies and parental consent in pediatric care. “Hospitals have a responsibility to minimize risk, but when treatment is withheld, it raises ethical questions about autonomy and access,” said Dr. Lauren Hinton, a bioethicist at the University of Michigan.

ICAN says that the hospital has approved the parents’ request and agreed to perform the surgery without vaccination. 

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