Four nurses at Albany Medical Center are planning to sue New York State over the mandatory H1N1 and flu vaccines. Lawyer Terry Kindlon is taking the case on pro bono, and as Kaitlyn Ross tells us, he plans to file suit this week.

ALBANY, N.Y. -- "This is a vaccine that's been brought about over a six-month period that we're going to lose our jobs if we don't get. It just doesn't seem fair. I don't know how anyone thinks it seems fair,” said Kathryn Dupuis, a registered nurse at Albany Medical Center.

Even with five kids at home, Kathryn says she'd rather lose her job then get a mandatory H1N1 or flu vaccine, and that may shortly become a reality. The deadline for health care workers to get the shot in New York State is October 27th.

"We're going to lose our jobs if we do not get this vaccine and there are hundreds of coworkers that feel the same way. We couldn't fight this ourselves,” said Kathryn.

New York is the only state mandating the vaccine and at least four nurses at Albany Medical are fighting back. They plan to file a lawsuit against Health Commissioner Richard Daines in State Supreme Court that would put the brakes on the layoffs. The women say mandating the shot is a violation of their civil liberties.

"I look at a student that's 18 years old, going to go in to health care, that person is looking at 52 consecutive vaccines in their lifetime. 52 vaccines, accumulating the toxins, and the side effects, and anything else in there, and that's wrong,” said Lorna Patterson, a registered nurse at Albany Medical Center.

She also says there are very few exceptions for people to get out of taking the vaccination, even pregnant women are expected to get the shot.

"There is no way we know the outcome to an unborn child with this vaccine,” said Patterson.

The suit will go on to question why the pharmaceutical companies aren't taking on some of the risk. If administered in New York State, the companies have immunity against any ill-effects of the vaccine.

"If the shot is so important and if it is so safe, why is it that they need immunity? I think if someone gets sick they should be willing to support that person indefinitely,” said lawyer Terry Kindlon.

Clinical trials of the vaccine have found it to be 96 percent effective, but the long term success is yet to be determined.

"We don't have time to do that. This is an emergency situation and we're like the firefighters here that have to run out to their engines. We have to get out of here quickly,” said Kindlon.