117 employees sue Houston Methodist hospital for requiring COVID-19 vaccine

[groundloop]

Source: ABC News

Over 100 employees have joined a lawsuit against Houston Methodist hospital in Texas for requiring all employees to get the COVID-19 vaccine.

The network, which oversees eight hospitals and has more than 26,000 employees, gave workers a deadline of June 7 to get the vaccine. If not, staffers risk suspension and termination, according to the lawsuit.

As a result, 117 employees have joined a lawsuit filed Friday in Montgomery County that alleges the hospital is "illegally requiring its employees to be injected with an experimental vaccine as a condition of employment."

(snip)

The complaint cited that forcing employees to get the vaccine violates Nuremberg Code, a medical ethics code which bans forced medical experiments and mandates voluntary consent.

Read more: https://abcnews.go.com/US/117-employees-sue-houston-methodist-hospital-requiring-covid/story?id=77977011&cid=clicksource_4380645_1_heads_hero_live_hero_hed

---

Attorney Jared Woodfill is claiming that the hospital is forcing vaccinations to increase profits and is using employees as human guinea pigs.

[hlthe2b]

1. Right... A HOSPITAL cannot REQUIRE its employees to be vaccinated against COVID-19? DREAM ON

Surely, even in Texas, sanity will win out in the judicial system.

[Mr.Bill]

27. Wouldn't surprise me if next

they will be required to carry guns at work.

[Stuart G]

52. Stupid is stilll....STUPID!!!!

[moriah]

44. What about Texas being a "right to work" state? AKA right to fire?

Most states with such laws defend them by the fact a fired employee can often challenge whether the firing was for a sufficient cause to not allow collection of unemployment. If you're fired because you're sick too much for that business's needs, for example, and you can prove you had a doctor's note for each absence.... you can collect unemployment.

A hospital system is a business with a specific need right now -- a need for their employees to be vaccinated with a currently only EUA-approved vaccine. Since Arkansas's nursing board demands even people who have had measles have an antibody titer test and get boosters if they have too low of titers, vaccines themselves are not too much of a business demand.

Could a business needing someone to work third-shift be accused of medical discrimination because an applicant indicates they have something like bipolar disorder and as a result their doctor asks that they be on days? I honestly doubt it. A pre-existing employee already working on third who suddenly has to work on 2nd or 1st for medical reasons, but the business doesn't have any need for day-shift people? Doubt it, too, at least in a "right to work" state.

Even outside of them, "reasonable accommodations" do not mean inventing a new position for an employee that didn't already exist and isn't needed by the business. Reasonable efforts to see if anyone wanted to go to 3rd, and first dibs on the first day position opening, yes. But not much more than that.

Because we don't always know exactly why a person is refusing a vaccine (previous COVID exposure and doc wanting to postpone the shot isn't out of the question -- the one person I knew who had his shot 3 months after COVID did it so soon because he's still having lingering effects, and that first shot was hell though he is certainly getting the second... still better than ICU again), I'm okay with refusers getting unemployment even when they likely COULD get the shot and work.

But NOT with them working in a hospital.

[Trueblue1968]

35. Yes!!! Your employer can REQUIRE you to get the Covid shots! US companies can REQUIRE Emplo

Yes!!! Your employer can REQUIRE you to get the Covid shots!
US companies can REQUIRE Employees to be Vaccinated against COVID-19, Equal Employment Opportunity Commission announced Friday.
Federal EEO laws do not prevent employers from requiring that all employees physically entering a workplace be vaccinated as long as employers comply with the reasonable accommodation provisions of the Americans with Disabilities Act and other laws.

~~> Employers may also offer incentives to employees to get vaccinated, "as long as the incentives are not coercive," the statement said.
"Because vaccinations require employees to answer pre-vaccination disability-related screening questions, a large incentive could make employees feel pressured to disclose protected medical information," according to the statement.

https://www.msn.com/en-us/news/us/us-companies-can-mandate-vaccinations-federal-agency-says-vietnam-says-new-variant-is-highly-contagious-today-s-covid-19-updates/ar-AAKvPKQ?fbclid=IwAR1JXPCuqaSoFuZdzTgxyX1i6MzCwutu4BXJld788NGHZ3AWShudTaMkCkw

[hlthe2b]

45. Honestly. Did you really not read the sarcasm given my zillions of posts on the matter?

I think I was amply clear that I was saying this is ridiculous, especially given the capitalized HOSPITAL which, of course, has a responsibility to both staff AND PATIENTS and my comment about Texas lunacy and that the courts would surely, nonetheless overrule! Sorry, but I'm a little befuddled that you would have come to the opposite conclusion as to that I was saying of course hospitals can/should require it--or most any other DUer on this matter. Maybe you were meaning to echo my sentiments in agreement with me. If so, I apologize for my misunderstanding.

I have posted multiple times on this. Here was my most recent prior to that comment:

https://www.democraticunderground.com/100215470539
Can employers make COVID-19 vaccination mandatory? (YES with some exceptions)
Can employers make COVID-19 vaccination mandatory?
How employers approach the issue will vary

https://www.denverpost.com/2021/05/27/employers-mandatory-covid-19-vaccination/


Can employers make COVID-19 vaccination mandatory?

Yes, with some exceptions.

Experts say U.S. employers can require employees to take safety measures, including vaccination. That doesn’t necessarily mean you would get fired if you refuse, but you might need to sign a waiver or agree to work under specific conditions to limit any risk you might pose to yourself or others. As one who has worked to enforce flu vaccination among hospital workers, I can assure you your assumptions were incredibly WRONG.

“Employers generally have wide scope” to make rules for the workplace, said Dorit Reiss, a law professor who specializes in vaccine policies at the University of California Hastings College of the Law. “It’s their business.”

Rules will vary by country. But the U.S. Equal Employment Opportunity Commission has allowed companies to mandate the flu and other vaccines, and has indicated they can require COVID-19 vaccines.
There are exceptions. For example, people can request exemptions for medical or religious reasons. Some states have proposed laws that restrict mandating the vaccines because of their “emergency use” status, but that may become less of an issue since Pfizer has applied for full approval and others are likely to follow.

How employers approach the issue will vary. Many might not want to require vaccination because of the administrative burden of tracking compliance and managing exemption requests, noted Michelle S. Strowhiro, an employment adviser and lawyer at McDermott Will & Emery. Legal claims could also arise.
As a result, many employers will likely strongly encourage vaccination without making it mandatory, Strowhiro said.

[CentralMass]

2. Dumb bastards.

[twodogsbarking]

43. Two words that sum it perfectly.

[bucolic_frolic]

3. Hundreds of millions of people have been vaccinated

Way beyond experimental stage at this point. That may be its legal classification, but side effects have been monitored for more than 6 months.

Yes the employer wants stability. It wants its staff to come to work. I don't see what the big deal is here.

[winstars]

4. CDC needs to give full authorization to vaccines, no more "emergency BS" claims from idiots.

[hlthe2b]

6. It isn't CDC that regulates vaccines. It will be FDA and they will in the next few months.

(at least to Moderna and Pfizer)

[Claire Oh Nette]

31. The FDA approves and regulates Investigational New Drugs and

New Drug Applications. Emergency Use Authorization allows for the use of investigational drugs yet to be approved, or unapproved uses for already approved drugs in an emergency to diagnose and facilitate treatment and prevent serious, life threatening disease or conditions in a public health emergency, like a pandemic when certain statutory criteria have been met, including that there are no adequate, approved, and available alternatives.

The experiments were conducted in the Pre-clinical trials before they move to human Clinical trials. Phase I is safety data, phase II is safety, dosing, & efficacy, and phase III is large scale double blind randomized trials in targeted populations.

When the FDA approves a drug, it means the agency has determined, based on substantial evidence, that the drug is effective for its intended use, and that the benefits of the drug outweigh its risks when used according to the product’s approved labeling.

EUA required 2-3 months of safety data post vaccine, full FDA approval looks at 6 months or more. The serious adverse events like the blood clotting issue and pericarditis have not occurred more frequently than they do in the general population, and the benefits of the vaccines far outweigh the risks.

When an anti vaxxer pops off about side effects, ask them about the side effects of chemotherapy. The benefits has to outweigh the risk.
Houston Methodist employees? Out of 26,000. Less than 1%. They have no case. They can get the vaccine at almost zero risk, or mask up, or resign. They've had two months to figure it out. They're not claiming religious exemptions.

When the FDA approves the vaccines, we will, rightfully, see more of this.

[winstars]

41. Right...

[ruet]

5. Understanding Employment At Will

Understanding Employment At Will

Texas employment law states that workers in the Lone Star State are employed at will. This means that, unless prevented by statute or an express agreement (e.g. an employment contract), an employer may terminate the relationship with an employee at any time and for any reason, without having to provide justification. Absent a few limited circumstances, an employer may also modify the terms or conditions of employment at any time, without notice and without a reason.

This is what you've been pushing for decades Righty. Now choke on it.

[groundloop]

10. Damned straight...... GOPers are all-in on these right wing policies when they hurt others

[orleans]

15. +1 (although i do wish the fda would get on with that full authorization) nt

[Evolve Dammit]

21. great post

[Pas-de-Calais]

28. Gr8 one!

[Paladin]

7. Plenty of other first-rate, fully vaccinated hospitals in Houston. (nt)

[Yavin4]

8. These workers have an obligation to the public to not pass on the virus to their patients and their

loved ones at home.

You don't want the vaccine? Fine. You can no longer work here. The hospital has rights just as much as the worker does.

[SunSeeker]

40. Exactly, they are violating PATIENT standard of care!

These backwards, dumbfuck anti-science idiots should not only be fired, but stripped of their medical licenses.

[Aussie105]

9. Every time I get vaccinated, I ask for a jelly bean afterwards.

And never get one.

It's a joke at the time, obviously.

But if you are going to bully your employees who don't want to get vaccinated, how about rewarding (NOT jellybeans) those who willingly get vaccinated, and not just start off with heavy handed threats?

Reward those who do. And explain, reluctantly, to the anti-vaxxers, they may no longer have a job at the hospital, because reasons.
The sledge hammer approach up front - that just builds resentment.

PR, folks!

[groundloop]

11. Why should these few idiots get a jellybean for doing the right thing?

Sorry, but it's just plain common sense to get vaccinated, and doubly so if you work in a hospital. Those people have had ample notice that they'll not have a job if they don't get vaccinated, now their time is up.

[Aussie105]

17. Yep, I agree.

But common sense is not common enough.
Too much static for some to see the picture clearly.

All I'm saying, is the hospital bosses need to treat it's staff with some dignity, goodwill and PR and all that.

Reward the right behavior, even if it is a token thing like an individualized Certificate of Appreciation, and point out the negatives of not complying.

Once the firing starts, and any legal recourse is exhausted, most will comply anyway.
Just to protect their income.

And it doesn't need to be an official 'firing', just names disappearing off work rosters. Bit like how the fast food industry gets rid of undesirable workers.

[HUAJIAO]

24. The reward is getting to keep their job.

[AllaN01Bear]

12. then they should be fired . i wouldnt go there .

[area51]

14. Jared Woodfill is a familiar name.

former Harris County (TX) republican party chairman. Why am I not surprised they're trying to link shots with Nuremberg.

[Warpy]

16. Load of steaming bullshit.

It's like any other antivaxers, they need to find jobs far away from vulnerable patients. That's how it is for other vaccines.

[Sapient Donkey]

38. I wonder how many of them are actual anti-vaxers who are generally against vaccines

and how many of them are political anti-covid vaxers because it's the decade of the 2020's and people are petty and stupid.

[Warpy]

48. I'd hazard a guess that most are political

While a few might have read up on the different technique used in producing the Pfizer, Moderna, and other vaccines, it's probably over most of their heads except the words "new process."

The J&J vaccine used the older techniques, so they have no grounds for refusing that one.

So mostly it has to be political. They can politic themselves out of their jobs. I'm sure there are new grads waiting to take their places.

[TomDaisy]

18. Jared Woodfill is a well-known right-wing crank & pres. of Harris County GOP

he is always pulling bullshit stunts like this

[TomDaisy]

19. that being said, every last damn one of these employees needs to be fired

[TomDaisy]

20. it was the Texas GOP that made TX a right-to-work state (you can be fired at will)

live by the derp, die by the derp

[TomDaisy]

22. once the vaccines move beyond emergency approval this stunt will be over

[weissmam]

23. 117 idiots

They should realize that by now literally 100 of millions of people have been vaccinated

The stupid is strong with them

[ripcord]

25. Honestly I'm impressed

117 out of 26,000 is much better than I would have thought for Texas.

[dlk]

26. Texas is a right to work state

Employers can fire their employees for any reason or no reason at all. It will be interesting to see how this state law impacts the lawsuit.

[Scruffy1]

57. 26,000 Employees. they won't be missed.

I'm sure that they have house lawyers, too.

[dlk]

61. I could see this lawsuit being dismissed, given the law

Texas is very anti-labor.

[PortTack]

29. Those 117 need to find some other place to work than a hospital..geez!!

[Turbineguy]

30. Obviously the hospital needs to

tighten up their hiring policy and increase the threshold to a minimum of two functioning braincells.

[AverageOldGuy]

32. Fire them all.

The hospital needs to get rid of these people . . . because, if they are not vaccinated, they are a threat to patients and other staff.

[Cicada]

33. This isn't a human experiment

Being vaccinated is not a human medical experiment. We already conducted the experiment in 2020. The vaccine experiment is over. This is vaccination, not experiment.

[sarcasmo]

34. 117 former employees.

[Jetheels]

36. Is the plaintiff's lawyer by any chance MTG? /s

[Cryptoad]

37. Fire em

[AZLD4Candidate]

39. As a teacher, I have to submit to a background check and have people probe to make sure I don't

and haven't done bad things with children. I also need my MMR in order to work in a school,

These people are supposed to take care of the sick, but passing death causing pathogens violates their rights? I fail to understand the logic.

[MichMan]

46. Has your district required teachers to be vaccinated or risk being fired?

[AZLD4Candidate]

49. Do you want your medical care professional to be at risk of passing a disease that can kill you?

Let's stop the anti-vax nonsense.

And yes, with everything I said: If I fail my background check, I'm terminated. If I don't have my MMR, I'm terminated.

[Elessar Zappa]

50. They should.

I would absolutely support school districts requiring employees to be vaccinated.

[AZLD4Candidate]

54. Considering I was fully vaccinated in January. . .

[LiberalLovinLug]

51. Would they agree also that surgeons should not be required to wash up before surgery?

I just find that I waaaaaaaaay underestimated the power of propaganda with social media to sway so many against not only vaccines, but health experts, doctors, and even the existence of virus's on the scale of a pandemic altogether.

That its even taken seriously as some kind of personal rights decision only, is absurd.

[littlemissmartypants]

42. This is a stunt. The hospital should have no trouble finding reasonable people who want jobs

Last edited Sun May 30, 2021, 06:03 AM - Edit history (1)

And are willing to be vaccinated.

Talk about choosing a hill to die on...



Idiots.

Nuremberg Code Defense is ludicrous.

Does COVID-19 vaccine rollout violate Nuremberg Code that protects against coercion of medical-experiment subjects?

Updated May 25, 2021; Posted May 21, 2021

Snip...

People receiving the COVID-19 vaccines at this point are not taking part in a medical experiment, because the vaccines already have gone through clinical trials and have received emergency approval. And so the Nuremberg Code does not apply.

Snip

Full Fact, a British non-profit fact-checking service, does not think it’s a coincidence that anti-vaccination propaganda is focusing on ethics principles that came about in response to Nazi atrocities -- because the very subject of the 1933-45 Nazi regime in Germany gets people worked up. “Misinformation thrives when feelings are manipulated in this way, as claims which create an emotional response are most likely to be shared,” the fact-checker states.

“Drawing a link between this final rollout of these [COVID-19] vaccines and what the Nazi doctors were doing is morally grotesque,” Dr. Julian Sheather, a special adviser in ethics and human rights for the British Medical Association, told Full Fact.

More at the link.

https://www.oregonlive.com/coronavirus/2021/05/does-covid-19-vaccine-rollout-violate-nuremberg-code-that-protects-against-coercion-of-medical-experiment-subjects.html

[Jilly_in_VA]

47. If you don't want to get vaccinated, sweetcakes,

turn in your damn license and go work at Hobby Lobby or someplace. All of you. We don't want you around sick folks. I'm a retired RN and I've been vaccinated against more things than you ever thought of. I don't complain, I just take it and go on because I don't want to get sick or make anyone else sick. You guys can fcuk right off. All of you.

[FlyingPiggy]

53. It's a private company. As is, they are required to be vaccinated.

It’s TO BE EXPECTED that they will require Covid vax too. It is a private company. They can absolutely mandate a Covid vax for employment. You don’t have a right to work there.

[Griefbird]

55. Reassign them

To the Covid ward. Maybe they’ll change their putative minds.

[Initech]

66. This! They have no business working in a hospital if they won't get vaccinated.

[Initech]

56. Zuckerberg needs to be hung out to dry for this anti-vaxxer bullshit.

[NH Ethylene]

58. In most cases I don't think workers should be forced to be vaccinated.

But certain workplaces, like hospitals and nursing homes, are filled with immunocompromised patients. And being exposed to Covid is far more than a violation of the patients' rights. It's a matter of life and death.

[inthewind21]

65. No one is being forced.

They have a choice, get vaccinated or get another job. Pretty simple really.

[Vinca]

59. These people are obviously too stupid to be hospital employees anyway.

[Marrah_Goodman]

60. You don't get to work around vulnerable people if you are too stupid to get it

[ProfessorGAC]

62. Roughly One In 235

That's over the percentage of people any company would like to dump because they're difficult, but don't.
I'm guessing there's some overlap with these 117.
They get fired in a week.
When well over 25,000 of your coworkers have been vaxxed, it's not a hill to die on.
But, launching them might actually be good for business, especially given the likely overlap.
"You're difficult, marginally competent, and insubordinate over the vaccine. Strikes 1, 2, 3. Out!"
Like I said, could be a business positive.

[dalton99a]

63. She's Leading the Fight Against Mandatory Vaccines in Texas. She Also Happens to Be a Nurse.

https://www.texasmonthly.com/news-politics/houston-methodist-nurse-vaccine-refusal/

She’s Leading the Fight Against Mandatory Vaccines in Texas. She Also Happens to Be a Nurse.
Houston Methodist nurse Jennifer Bridges says she isn’t anti-vax, but she's become a cause célèbre among skeptics for threatening to sue her employer for requiring employees get the jab.
By Peter Holley
May 19, 2021

[Mysterian]

64. There are dumbass doctors like Rand Paul,

dumbass lawyers like Sidney Powell, and dumbass nurses like Jennifer Bridges.

[cadoman]

67. experimental my ass

Orange man authorized it. FDA passed it. Everything I've read says it's safe.

Mandatory vaccinations could have started months ago if not for orange man sabotaging the logistics. The facts are in and the science is settled.

We have a few people at work who are holding out but thankfully the office makes them wear masks and an identifying bracelet. Numskulls get to take the mask off when they are vaccinated and no sooner.