Hospital COVID vaccine mandate – Texas Federal District court rejects challenge

Hospital COVID vaccine mandate

This article about a Texas Federal District Court that rejected a challenge to a hospital COVID vaccine mandate was written by Dorit Rubinstein Reiss, Professor of Law at the University of California Hastings College of the Law (San Francisco, CA), who is a frequent contributor to this and many other blogs, providing in-depth, and intellectually stimulating, articles about vaccines, medical issues, social policy, and the law.

Professor Reiss writes extensively in law journals about the social and legal policies of vaccination. Additionally, Reiss is also a member of the Parent Advisory Board of Voices for Vaccines, a parent-led organization that supports and advocates for on-time vaccination and the reduction of vaccine-preventable disease. She is also a member of the Vaccines Working Group on Ethics and Policy.

On June 12, 2021 (yes, a Saturday), a Texas federal district judge dismissed a lawsuit brought by employees of the Houston Methodist Hospital against the hospital’s COVID vaccine mandate which required employees to be vaccinated unless they qualify for a medical or religious exemption.

I wrote about the lawsuit here. It is a badly argued lawsuit, with multiple extreme claims, and it does a bad job in setting out the one somewhat plausible argument it has, the argument that you cannot mandate a vaccine under an Emergency Use Authorization (EUA). 

Continue reading “Hospital COVID vaccine mandate – Texas Federal District court rejects challenge”

COVID vaccine mandate lawsuit filed in Texas by Methodist Hospital employees

pexels-photo-6074971.jpeg

This article about the employee lawsuit against the Texas Methodist Hospital COVID vaccine mandate was written by Dorit Rubinstein Reiss, Professor of Law at the University of California Hastings College of the Law (San Francisco, CA), who is a frequent contributor to this and many other blogs, providing in-depth, and intellectually stimulating, articles about vaccines, medical issues, social policy, and the law.

Professor Reiss writes extensively in law journals about the social and legal policies of vaccination. Additionally, Reiss is also a member of the Parent Advisory Board of Voices for Vaccines, a parent-led organization that supports and advocates for on-time vaccination and the reduction of vaccine-preventable disease. She is also a member of the Vaccines Working Group on Ethics and Policy.

In June 2021, employees of Methodist Hospital filed a lawsuit in a Texas court challenging the hospital’s decision to mandate the COVID-19 vaccine. Although the lawsuit does raise one issue of legal uncertainty – whether you can mandate a vaccine under an  Emergency Use Authorization (EUA) – its claim there is weak, and its other claims are a combination of incorrect factual claims and implausible legal claims.

The suit should have little chance of success – but because of the timing, this may be the first legal decision we have on the question of mandating EUA vaccines. The hospital’s mandate has a deadline of June 7, 2021. It seems like most of the plaintiffs – as far as I can tell from the complaint – have already been dismissed, so the deadline may not require fast handling, but the fact that there is a very near deadline may affect scheduling. 

Continue reading “COVID vaccine mandate lawsuit filed in Texas by Methodist Hospital employees”

Andrew Wakefield, the discredited anti-vaccine fraud, enters Texas politics

Sorry for the clickbait headline (see Note 1), because the cunning fraud, Andrew Wakefield, isn’t exactly entering Texas politics. He’s getting involved with an election in a Republican primary for Texas House of Representatives District 134, by using his influence to support Susanna Dokupil against Republican incumbent Sarah Davis.

What did Ms. Davis do to offend the Wakefield sycophants? Well, it doesn’t take much, just support vaccines. Davis angered anti-vaccine groups, who prefer euphemisms like “vaccine choice” or “medical freedom,” when she pushed to mandate HPV vaccines for foster children. I haven’t ever voted for a Republican in my long life, but I’d probably vote for Davis in the open Republican primary if I lived in Texas House District 134.  Continue reading “Andrew Wakefield, the discredited anti-vaccine fraud, enters Texas politics”

Anti-science legislation – state level activities are troubling

anti-science legislation

We have seen a lot of anti-science activities at the Federal government level that are scary. Massive reductions in Federal budgets for the EPA and National Institutes of Health are bad enough for those of us who support science research and education. But the emboldened right wing, at the state level, are pushing all types of anti-science legislation that will have a profound effect on how we teach science to our children. We need to pay attention to this.

I thought it would be beneficial for us to take a look at the states that are pushing anti-science legislation since the November 2016 election, when a lot of state legislatures’ composition changed (or remained the same). In general, this legislation focuses on anti-evolution and anti-climate change beliefs pushed by the right wing.

Continue reading “Anti-science legislation – state level activities are troubling”

Vaccine lawsuits – overview of litigation across the USA

vaccine lawsuits

The goal of this overview is to tell you about vaccine lawsuits in the federal and state courts (but not in the National Vaccine Injury Compensation Program). As an overview, the discussion of each case will be very short. If you want more information, please let me know in the comments section. If you know of cases I have missed, also mention that in the comments.

The vaccine lawsuits overview is arranged by topic, and without topic by states, and within states in alphabetical order. I have chosen August 1, 2016 as a starting point to keep this manageable.

Note that the “claims” section provides a summary of what a complaint is claiming – what it is trying to do – and not an analysis of the claims’ validity. Where available, I link to a post discussing the claim’s merits more in detail. Where not, I add some comments about the validity. But the claims section just provides what the plaintiffs are claiming – it doesn’t mean their claims, hold water. Continue reading “Vaccine lawsuits – overview of litigation across the USA”

Andrew Wakefield keeps trying–another appeal

On September 19, 2014 the Third Court of Appeals of Texas rejected Andrew Wakefield’s appeal against the decision of a Texas trial court that it had no jurisdiction to hear his libel suit against The British Medical Journal (the original article), Brian Deer, and Fiona Godlee. The details of that case and the suggestion that Andrew Wakefield was strategically using litigation to both rally supporters and deter critics have been previously addressed.

Andrew Wakefield had 45 days to appeal the decision to the Texas Supreme Court (Tex. R. App. P. 53.7). That time ended on November 3–an appeal was not filed by Mr. Wakefield within that time. Continue reading “Andrew Wakefield keeps trying–another appeal”

Litigating as “debate” tactic? Wakefield appeal was denied

Andrew Wakefield was wronged

In January 2012 Andrew Wakefield, a British citizen residing in Texas, sued Brian Deer, a British journalist, the British Medical Journal (BMJ), and Dr. Fiona Godlee, the British editor of BMJ, in a Texas trial Court for libel. Wakefield claimed that a series of articles titled “Secrets of the MMR Scare” written by Brian Deer, edited by Fiona Godlee and published in the BMJ were defamatory. The articles detailed serious scientific misconduct by Andrew Wakefield.

On August 3, 2012, Wakefield’s suit was dismissed based on a lack of jurisdiction. Wakefield then appealed the dismissal. On September 19, 2014 the Texas Court of Appeals for the Third District ruled that the Andrew Wakefield appeal was denied (pdf).

The decision itself is focused on issues of civil procedure that may be less of interest to non-lawyers, though these issues are crucially important to litigants and lawyers. But this story is a good demonstration of strategic use of litigation by Andrew Wakefield and an opportunity to discuss the advantages and potential problems of that approach. Continue reading “Litigating as “debate” tactic? Wakefield appeal was denied”

Hey vaccine deniers–it’s just simple math. Part deux.

This article has been updated, and you can read it here. The comments section to this article have been closed, but you can comment at the newer version.

 

A few days ago, I wrote an article discussing how antivaccination trope inventors could not understand the most basic elements of mathematics in reading a vaccine label. They misinterpreted some simple math like that the toxic level of a substance is several million times higher than what is injected. I suppose in the minds of vaccine deniers, 1=1 billion. Or 1 trillion. Or 4783.2226. It just depends.

And if they can’t understand the simplest of math principles, assuming that they would understand population level statistics might be a really bad assumption.

Recently, I was pointed to an antivaccination article, on the Political Blindspot website, which is dedicated to finding news articles swept under the rug by mainstream media. My skeptical radar always goes into full energy mode whenever I see the word “mainstream.” Continue reading “Hey vaccine deniers–it’s just simple math. Part deux.”

Why we vaccinate–Austin, TX child dies of whooping cough

WhoopingCough__signAccording to the City of Austin, Texas Department of Health and Human Services, an infant hospitalized with whooping cough (Bordetella pertussis) died recently in hospital. The infant, who was too young to receive the first  pertussis vaccine (DTaP or Tdap), was one of 41 confirmed or probably cases of whooping cough in the city of Austin.

An infant cannot be vaccinated with DTaP (the vaccine for diphtheriatetanus and pertussis) until they are about 2 months old. However, because infants are susceptible to whooping cough, all adults, children, friends, relatives, everyone, who is in contact with that child should be vaccinated against pertussis, a process called cocooning

“This is a sad and tragic event,” said Dr. Philip Huang, Medical Director for Austin/Travis County Health and Human Services. “Because the disease can make babies so sick, and they can catch it from anyone around them, they need protection.”  

The Austin Department of Health and Human Services provided the following advice, based on CDC recommendations, to help protect babies from whooping cough:  

  • If you are pregnant, get vaccinated in your third trimester.
  • Surround your baby with vaccinated family members and caregivers.
  • Make sure your baby gets all doses of whooping cough vaccine according to CDC’s recommended schedule.
  • If you or your child experience cold-like symptoms that develop into a severe cough after 1 to 2 weeks contact your healthcare provider immediately.

No child, no infant, should die of a vaccine preventable disease like whooping cough. And to those of you in the antivaccination “movement” who think that these diseases aren’t that dangerous–think again. These diseases kill.

Visit the Science-based Vaccine Search Engine.

Antievolution legislation update–catching up on 2014

Bill Nye likes evidence. Ken Ham, like all creationists, ignores evidence.Nearly every year, at the start of the legislative season, Republicans in state legislatures think it’s their right to push their anti-science (and other right wing social engineering ideas). And 2014 is no different, with Republican legislatures trying to force anti-evolution (usually combined with anti-global warming) laws on the students of their state. In general, they haven’t been so successful, but when Republicans embrace a bad idea like anti-science laws, they try until they win.

The 2013 state legislative year was relatively successful for the pro-science forces, with all legislation offered in Republican dominated states failing to come to a vote or getting rejected in committee.This followed a relatively unsuccessful (for the anti-science Republicans) 2012 legislative year (with the notable exception of Tennessee’s Monkey Bill).

Conservative Republicans continue to attempt to bring unconstitutional anti-evolution (and pro-creationism) legislation to the top of their agenda in many states. The current forms of anti-science legislation attempt to allow teaching creationism (or more subtle forms, like intelligent design), usually combined with climate change denialism, and, strangely, anti-human cloning (which is not exactly a serious line of research today). But whatever the general anti-science bent of the legislation, it has always been clear that promoting creationism is the goal. Continue reading “Antievolution legislation update–catching up on 2014”