Legal or Not, Religious freedom or Custom
A Baby has died it's not the first time but it's rare after
metzitzah b'peh in the past other infants have been infected by herpes in this manner
"Metzitzah b'peh would have been banned almost six years ago, but haredim led by Satmar and Agudath Israel of America lobbied to stop that ban, Satmar going so far as to demonstrate against the mayor while wearing concentration camp uniforms and claiming the mayor himself Jewish was an anti-Semite. It appears the city government tried to hide this new death from the media, leading to the question: how many more babies have been killed by Satmar and Agudath Israel lobbying that we don't know about?" (from Failed Messiah)
Is this a matter of religious freedom, parental abuse or does the health department have the right to ban it.
In some traditions after the circumcision the mohel removes the blood from the wound orally.
From a letter 4 years ago.
Ã¢ÂÂThe lack of understanding among leaders of this community is truly outrageous,Ã¢ÂÂ said Dr. Jonathan Zenilman, chief of infectious diseases at Johns Hopkins Medical Center.
As an example, he cited a suggestion by Agudah in a letter last week to the Department of Health that mohels believed to have transmitted herpes to infants not be banned from doing metzitzah bÃ¢ÂÂpeh, but instead that the anti-viral drug acyclovir be topically applied to the circumcision wound or that it be taken by the mohel orally.
Ã¢ÂÂThe AgudahÃ¢ÂÂs proposals demonstrate that they donÃ¢ÂÂt understand this disease process,Ã¢ÂÂ Zenilman said. Ã¢ÂÂLocal application of acyclovir doesnÃ¢ÂÂt work. It is not used by clinical experts for treatment, let alone prevention of transmission.Ã¢ÂÂ
And, he said, herpes-infected adults taking acyclovir orally is proven to be 90 percent effective in preventing symptomatic transmission among adult partners, but effective only half the time in the actual transmission of the virus.
Furthermore, Zenilman said, these are adult sexual partners with mature immune systems who were studied, not newborns.
Ã¢ÂÂOne of the things that gets consistently overlooked is that the infant is considered an immuno-suppressed host in terms of susceptibility to infection,Ã¢ÂÂ he said. Ã¢ÂÂThatÃ¢ÂÂs why in this population this infection is a devastating disease.Ã¢ÂÂ
Here is a link that might be useful: Mayor vs mohel