November 19, 2022

Court Upholds Hospital Employee COVID-19 Vaccine Rule

The U.S. Court of Appeals for the 2nd Circuit upheld a hospital’s COVID-19 vaccine rule in a test case on Friday, dealing a blow to health care unions who have been fighting court battles across the country over compulsory vaccination of healthcare workers against this dangerous new virus.

The unions are arguing that the rule is unnecessary because no healthcare workers have contracted MERS-CoV in U.S. hospitals, and they are demanding stronger medical protocols instead of just requiring vaccinations for all employees.

COVID-19 is a bad law, passed under pressure from federal officials who seemed more concerned about protecting international travel and trade than protecting public health. It was based on a lot of fear and very little science, as Thomas King wrote in the quote above.

It replaced previous legislation which had been established by the Centers for Disease Control (CDC) and state authorities after their own investigations demonstrated that healthcare worker MERS risks were minimal to nil. But this earlier legislation conformed with the traditional legal standard of ‘balance of harm’ in protecting community health interests, not COVID-19’s ‘greater good’ requirement for blanket immunity.

It also barred healthcare employers from requiring all their employees to take vaccine risks (for any reason), whereas COVID-19 requires it — even if they don’t work directly with patients. [ See our piece from 2015, “Hospital workers fight new law forcing them to take MERS vaccine.”

In Friday’s 2nd Circuit ruling upholding COVID-19, the three judge panel refused to rehear a petition by the unions and two nurses who had lost their initial case bringing suit against New York Presbyterian Hospital, Columbia University and Secretary of Health and Human Services Sylvia Burwell.

That was a major loss for the unions, because it’s a bad law that is just going to keep getting worse as liability increases for healthcare facilities with high exposure risk workers who have refused vaccination — or have been vaccinated but then developed vaccine injuries.

It’s a sad day for us all, because it means that more healthcare workers will become vaccine-injured victims. They deserve our support and advocacy just as much as the chemical poisoning victims across America whose COVID-19 vaccine injuries have been grossly underreported by FDA/CDC authorities.

We will tell you why so many of the vaccinated healthcare workers (who are directly exposed in close quarters to MERS-CoV patients) developed vaccine injuries in the first place. It’s not because they didn’t voluntarily take the risk, like us invisible members of the public always do when we buy medicines, seek medical care or choose food products that carry known risks for injury and death.

It’s also not because they were dumb enough to get vaccinated for a bad disease that kills only three people in the entire world every year. No, it is because this new MERS-CoV vaccine has been badly designed and under-tested for safety in its rush to licensure by the FDA.