In a surprise move, Governor Paterson announced Thursday that Health Commissioner Dr. Richard Daines has suspended the state mandate that New York health care workers get the H1N1 and seasonal flu vaccines. They said the decision was made due to a statewide shortage of the vaccines. Our Kaitlyn Ross has reaction from one of the Albany Medical Center nurses who filed suit against the state.

ALBANY, N.Y. -- "I wish that we didn't have to go this far," said Albany Medical Center Nurse Kathryn Dupuis. "I am happy, as well as all the health care workers, that we no longer have the threat of losing our jobs over getting the vaccine."

Dupuis was one of four nurses at Albany Medical Center bringing a lawsuit against the state and Health Commissioner Dr. Richard Daines over the H1N1 and seasonal flu vaccination mandates. Collecting signatures and holding rallies, she spearheaded the effort against the requirement.

Dupuis said, "We worked really hard for this. A lot of us were putting a lot of hours into this on top of our regular work day."

The case was scheduled to be heard Oct. 30. But on Thursday, the governor announced the Health Department was dropping the mandate due to the drastic vaccine shortage in New York State.

"I wish that Commissioner Daines had lifted the mandate for the reasons of our civil rights as opposed to being a lack of the vaccine, but the bottom line is that the mandate's lifted," said Dupuis.

New York received less than half of the vaccines they requested, and the health commissioner said the priority should be vaccinating at-risk groups, like children and the elderly.

Daines said, "I think by late November into December there'll be plenty to go around. But until then, there just frankly will be delays."

A number of health clinics across the state have cancelled their availability because they just don't have the shots to give people. But, shot or not, Daines said getting vaccinated should be a no-brainer.

He said, "It's hard to think, other than medical contraindication, why anyone wouldn't take the vaccine. The risks of not taking the vaccine are very high."

But for some health care workers, that risk is worth the fight.

Dupuis said, "We love our jobs. I've been a nurse; I've worked at the hospital for 14 years. I love what I do more than anything. In order to keep doing that, I had to fight for what was right."

Because the governor and the health commissioner have said they lifted the mandate due to the vaccine shortage - and not because of the civil rights issue - the four nurses said they maintain contact with their lawyer in case this becomes an issue again.