Agudath Israel of America's Rabbi David Zwiebel explains Agudath Israel's view on MBP's risk to Steven I. Weiss:
We neither accept nor reject that metzitzah b'peh is a health risk - we haven't been privy to the evidence on which the Health Department bases its claim. What we do know is what we hear (and what the Health Department has heard) from pediatricians who serve the communities where the practice is routinely performed: that any incidence of neonatal herpes after metzitzah b'peh is extremely rare, and that any incidence of serious harm is rarer still.…Given that testimony, and given the fact that we're talking about an essential religious practice, we feel it was inappropriate for the Health Department to issue this type of public warning.
What level of demonstrated risk would justify such a public warning or a ban? Dunno, but I'd imagine that if that level of risk existed, the religious leaders of the community would beat the Health Department to the punch.
Weiss then interviews Rabbi David Niederman of the Satmar-controlled Central Rabbinical Congress, whose beit din (religious court) was charged by the city with investigating MBP, but missed it's deadline to rule. Rabbi Niederman explains "that level of risk":
So what level of risk would the CRC consider necessary to trigger a ban or limitation of the practice? "The same level of risk…the metzitzah b’peh is the same mitzvah as other mitzvos of the Torah, nothing less than shmiras Shabbos…for this mesorah, we are ready with mesiras nefesh." The standard would be "the same pikuach nefesh for a doctor on Shabbos."
Of course, following that 'logic,' dozens of babies will have to die or be maimed before the CRC will act. And that's just fine with Rabbi Niederman who, when asked about potential AIDS transmission (to the mohel) from MBP, had this to say:
"[H]ow do you compare AIDS that is a killer…AIDS that is overwhelming evidence that certain behavior contributes to that," to the case of neo-natal herpes and metzitzah b'feh, about which he claims there's no such evidence.
Neonatal herpes is fatal in almost 30% of cases. But why let fact interfere with Rabbi Niederman's 'logic'?
Weiss then asks about the December 1 deadline the CRC missed:
"[I]t’s basically we said that we feel that we will have our investigation of Fischer done by that time…we have since indicated that we will not be done by that deadline" as they're being careful "because pikuach nefesh is so important to us." "We take this very seriously…if there’s any safek of pikuach nefesh, we’ll be the first to say no…the Torah says…even the slightest, we take this issue very seriously," he said, adding "the commissioner himself said take this very carefully…so we’re taking the time to make sure that no stone is unturned." Meanwhile, "Fischer [the mohel who apparently infected several babies with herpes, one of whom died] has done brisin all over the globe, so we have to go all over these places and do the investigation in addition to the medical investigation."
NYC should ban MBP outright and impose criminal penalties on those who perform it. Will haredim do MBP underground? Yes they will. Will babies still die? Yes they will. But some mohels will be caught and others will be too frightened to do MBP. More babies lives will be saved this way than by 'working' with recalcitrant haredi communities.