NY Charges Midwife $300K for Falsifying Vaccine Records

Last week, the New York State Department of Health published a press release informing the public about charges against a Nassau County midwife who falsified vaccination records.

"Misrepresenting or falsifying vaccine records puts lives in jeopardy and undermines the system that exists to protect public health," said State Health Commissioner James McDonald, MD, MPH, in the health department’s press release. "Let it be clear: the New York State Department of Health takes this issue seriously and will investigate and use all enforcement tools at its disposal against those who have been found to have committed such violations."

Just before the 2019–2020 school year, Jeanette Breen, a licensed midwife at Baldwin Midwifery in Nassau County, New York, violated the Immunization Registry Law when she falsified vaccination records.

Before the scheme began, New York State passed a law preventing students and their parents from seeking non-medical vaccine exemptions. Under this law, the only students who could forgo the mandatory vaccination protocols are individuals with a proven and diagnosed medical condition that prevents vaccination.

Although Breen reported that she immunized approximately 1,500 school-aged children, she actually gave them pellets from the “Real Immunity Homeoprophylaxis Program,” a falsely marketed homeopathic vaccination alternative from an out-of-state homeopath.

Homeopathic vaccines, despite claims from unlicensed individuals, are not effective or evidence-based prevention strategies. These “alternative treatments” are not approved, authorized, or recommended by the United States FDA, CDC, or any science-based healthcare organization.

However, Breen managed to replace 12,4449 vaccinations with these fraudulent remedies, impacting approximately 1,500 children.

According to the New York State Department of Health, Breen’s patients received these fictitious “homeopathic pellets” instead of multiple critical routine vaccinations, including diphtheria, tetanus toxoid-containing and pertussis vaccine (DTaP or Tdap), hepatitis B, measles, mumps and rubella (MMR), polio, varicella, meningococcal conjugate (MenACWY), Haemophilus influenza type b conjugate (HiB), and pneumococcal conjugate (PCV) vaccines.

Each vaccination is necessary for individuals who enroll and attend public schools and is recommended by the CDC and the American Academy of Pediatrics to minimize the risk of infection.

Over the past several years, there has been a re-emergence of previously eradicated viruses in the US and globally — many of which can be prevented with the FDA-approved vaccines listed above.

For example, in July 2022, Healthy North Coast, an Australian government initiative, revealed the first case of diphtheria in New South Wales for the first time since the 1990s. The initial report, published in early July 2022, revealed that the individuals in both cases — one was a two-year-old and the other a six-year-old — had not been vaccinated for diphtheria.

Domestically, New York saw a re-introduction of polio when the Rockland County Health Department identified the first polio case in an unvaccinated adult since 2013. Globally, polio incidence has risen due to poor vaccine uptake.

Most recently, the US has experienced multiple measles outbreaks. Last January, a measles outbreak in Ohio was linked to low vaccination rates. More measles cases have been identified in the past month in Delaware, New Jersey, Pennsylvania, and Virginia.

Vaccination has proven to be a safe and effective way to reduce the spread of these infections. Evidence-based approaches support mandatory vaccinations for children in public schools to protect the students, parents, and staff.

However, vaccine fraud, such as Breen’s scam, compromises individuals beyond those who have received ineffective homeopathic remedies.

State Education Commissioner Betty A. Rosa added, "By intentionally falsifying immunization records for students, this licensed health care professional not only endangered the health and safety of our school communities but also undermined public trust. We are pleased to have worked with our partners in government to bring this wrongdoer to justice. We remain committed to upholding the highest standards of health and well-being within our educational institutions."

As penance for her dangerous and illegal actions, Breen was charged $300,000 as a monetary penalty. However, a settlement with the state allowed her to get away with only $150,000 in charges as long as she is permanently excluded from the New York State Immunization Information System (NYSIIS). Additional penalties include being permanently prohibited from administering NYSIIS vaccines and using Department of Health Immunization Record and Signature Cards or similar documents to record immunization.

"This enforcement action is the culmination of a first-of-its-kind investigation in which the Department's Bureau of Investigations, Division of Legal Affairs, worked with the Department's subject-matter experts to uncover a widespread scheme to falsify required school vaccinations. Our thanks to the New York State Education Department for its assistance. Anyone involved in immunization fraud is on notice: Rooting out, combating, and preventing all forms of vaccination fraud is a top priority for the Bureau of Investigations, and we will continue to bring enforcement action against any offender who endangers the health of our communities and abuses our public health systems with this type of illegal activity,” Director of Investigations Joseph Giovannetti said.

The state of New York has removed the fraudulent vaccinations from the NYSIIS and is working on contacting the parents of fraudulently vaccinated children. In the meantime, parents are advised to check their children’s immunization records and remain aware of potential vaccine scams.