A State Supreme Court judge has, at least temporarily, blocked the mandatory flu shots the state was requiring for health care workers. A nurse had sued, saying the State Health Department's requirement for swine and seasonal flu shots was "arbitrary and capricious."

A lawyer for other nurses who sued the state told City Room his clients "are not libertarians, they are not lefties, they are not right-wing lunatics... They are health care professionals, and they think the vaccination is not going to be good for them. They have no confidence that either the seasonal flu vaccine or H1N1 vaccine is going to do any good for them."

The next hearing is October 20 and the State Health Department said, "In two weeks, the department intends to vigorously defend this lawsuit on its merits and we are confident that the regulation will be upheld. The health commissioner and the State Hospital Review and Planning Council have clear legal authority to promulgate the mandatory regulation."