CHARLESTON, W.Va. -- Chief U.S. District Judge Joseph R. Goodwin ruled against a Mingo County mother who did not want her child to be immunized from disease.

In April, Jennifer Workman, the mother of a 6-year-old girl, sued in U.S. District Court in Charleston so her daughter could attend Lenore Pre-K to 8 School in Mingo County.

The girl had not been immunized, and Workman claimed a medical exemption.

West Virginia and Mississippi are two states that allow only a medical exemption to immunization. Unlike most states, West Virginia does not allow religious or philosophical exemptions.

"This topic is a sensitive one. An increasing number of parents across the country question the safety of vaccinations -- particularly the purported relationship between vaccinations and autism," Goodwin wrote in his order. "A parent's concern for her children's health and well-being is understandable. However, little evidence supports the claim that standard vaccinations are unsafe ... and the plaintiff does not contest the safety and efficacy of vaccines in this case."

In fall 2007, the girl attended Lenore for one month. In late September, her mother received a letter saying the girl would have to leave school until the Mingo County Health Department ruled on her case.

On Oct. 3, 2007, Dr. Catherine Slemp, acting state health officer for the Department of Health and Human Resources, recommended against the girl's medical exemption.

The girl remained out of school until April, when Goodwin ruled that she should be allowed to attend school temporarily. Later, both parties agreed to let the girl finish out the last school year, which ended in June.

In her lawsuit, Workman named the Mingo County school system, Mingo schools Superintendent Dwight Dials and DHHR as defendants.

In the suit, Workman said that her elder 13-year-old daughter suffers from serious health problems -- such as developmental disorder, severe sleep disorders and behavioral problems -- that appeared around the time she began receiving vaccinations.

In September 2007, Dr. John McCallum recommended that the 6-year-old not be immunized, according to court filings. His recommendation came after he considered the medical history and serious health problems suffered by the girl's sister.

CHARLESTON, W.Va. -- Chief U.S. District Judge Joseph R. Goodwin ruled against a Mingo County mother who did not want her child to be immunized from disease.

In April, Jennifer Workman, the mother of a 6-year-old girl, sued in U.S. District Court in Charleston so her daughter could attend Lenore Pre-K to 8 School in Mingo County.

The girl had not been immunized, and Workman claimed a medical exemption.

West Virginia and Mississippi are two states that allow only a medical exemption to immunization. Unlike most states, West Virginia does not allow religious or philosophical exemptions.

"This topic is a sensitive one. An increasing number of parents across the country question the safety of vaccinations -- particularly the purported relationship between vaccinations and autism," Goodwin wrote in his order. "A parent's concern for her children's health and well-being is understandable. However, little evidence supports the claim that standard vaccinations are unsafe ... and the plaintiff does not contest the safety and efficacy of vaccines in this case."

In fall 2007, the girl attended Lenore for one month. In late September, her mother received a letter saying the girl would have to leave school until the Mingo County Health Department ruled on her case.

On Oct. 3, 2007, Dr. Catherine Slemp, acting state health officer for the Department of Health and Human Resources, recommended against the girl's medical exemption.

The girl remained out of school until April, when Goodwin ruled that she should be allowed to attend school temporarily. Later, both parties agreed to let the girl finish out the last school year, which ended in June.

In her lawsuit, Workman named the Mingo County school system, Mingo schools Superintendent Dwight Dials and DHHR as defendants.

In the suit, Workman said that her elder 13-year-old daughter suffers from serious health problems -- such as developmental disorder, severe sleep disorders and behavioral problems -- that appeared around the time she began receiving vaccinations.

In September 2007, Dr. John McCallum recommended that the 6-year-old not be immunized, according to court filings. His recommendation came after he considered the medical history and serious health problems suffered by the girl's sister.

Workman also argued her case on religious grounds.

"Specifically, she states that her Christian Bapticostal religious beliefs require that she honor God by protecting her child from harm and illness, and that immunizing [her daughter] in this instance would violate those sincerely held beliefs," Goodwin noted in his order.

Goodwin denied Workman's freedom-of-religion claim, noting that West Virginia does not allow a religious exemption to its mandatory immunization of schoolchildren. He cited case law in writing that it "has long been recognized that local authorities may constitutionally mandate vaccinations."

Workman also alleged that the denial of her daughter's medical exemption violated her free-exercise rights and rights to due process and equal protection of the laws.

Goodwin noted that Workman offered no evidence to support the claim that she was discriminated against. All the evidence, Goodwin wrote, is to the contrary, as Dials checked with the DHHR and Slemp about the medical exemption, had never before met any member of the Workman family and was careful in how he dealt with the request for a medical exemption, as it was his first as a superintendent.

Goodwin wrote that the defendants did not violate Workman's due-process rights, because states and localities may legally keep children out of school if they are not immunized, which is "precisely what the defendants did here."

"We're disappointed with the outcome and the decision of the court, but it is a difficult issue that is gaining increasing attention and importance," Patricia Finn, Workman's attorney from New York, said. "We are confident that the judge looked at the matter very carefully but we respectfully disagree with the decision. The laws in West Virginia regarding religious freedom and vaccination are [overbearing] and we intend to appeal."

Brenda Isaac, lead school nurse for Kanawha County schools, is pleased with Goodwin's decision.

"West Virginia in this case has one of the strongest immunization laws," she said. "This just reinforces the fact that this is an important way to protect kids."

The recent spread of the H1N1 virus, or swine flu, highlights why the immunization of schoolchildren is so important, she said.

Even if a child is not immunized for medical reasons, "if everyone around them has had it then it helps to protect them," Isaac said.

Staff writer Andrew Clevenger contributed to this report. Reach Davin White at davinwh...@wvgazette.com or 304-348-1254.