These two blog posts and article makes the argument that if one family’s failure to vaccinate harms another, the non-vaccinating family should be liable in torts for the damages.

Tort liability for failure to vaccinate: http://shotofprevention.com/2013/09/12/legal-responsibilities-in-choosing-not-to-vaccinate/; see also: http://blogs.law.harvard.edu/billofhealth/2013/06/24/guest-post-no-liability-for-failure-to-vaccinate-the-case-has-not-been-made-a-response-to-mary-holland/

Full article: http://www.lawschool.cornell.edu/research/JLPP/upload/Reiss-final.pdf