On Saturday, U.S. District Court Judge Lynn Hughes ruled against Jennifer Bridges and 116 of her fellow Houston Methodist coworkers who sued to block the COVID-19 vaccination requirement. Houston Methodist Hospital moved to dismiss the case.
Subscribe to:
Post Comments (Atom)
This particular Judge is said to have a history / reputation of very poorly supported rulings which are routinely overturned on appeal; Here is hoping that happens in this case.
ReplyDeleteThis serves as notice to all employers that any compulsory COVID-19 requirement imposed upon an employee violates federal law.1 Title 21, Section 360bbb-3 of the Federal Food, Drug, and Cosmetic Act (the “FD&C Act”) vests the Secretary of Health and Human Services with the permissive authority to grant Emergency Use Authorizations (“EUAs”). However, the statute requires that: individuals to whom the product is administered are informed— (I) that the Secretary has authorized the emergency use of the product; (II) of the significant known and potential benefits and risks of such use, and of the extent to which such benefits and risks are unknown; and (III) of the option to accept or refuse administration of the product, of the consequences, if any, of refusing administration of the product, and of the alternatives to the product that are available and of their benefits and risks. On December 11, 2020, the FDA issued an EUA for the emergency use of the Moderna mRNA COVID-19 vaccine for recipients 16 years of age or older. On December 18, 2020, the FDA issued an EUA for the emergency use of the Pfizer/BioNTech mRNA vaccine for recipients 18 years of age or older. On February 27, 2021, the FDA issued and EUA for the emergency use of the Johnson & Johnson COVID-19 vaccine (referred to as the Janssen vaccine) for recipients 18 years of age or older. Each EUA for the three emergency authorized COVID-19 vaccines was issued in conjunction with a similar Fact Sheet from the FDA. For example, the Janssen fact sheet contains the following notice: INFORMATION TO PROVIDE TO VACCINE RECIPIENTS/CAREGIVERS As the vaccination provider, you must communicate to the recipient or their caregiver, information consistent with the “Fact Sheet for Recipients and Caregivers” (and provide a copy or direct the individual to the website www.janssencovid19vaccine.com to obtain the Fact Sheet) prior to the individual receiving the Janssen COVID-19 Vaccine, including: • FDA has authorized the emergency use of the Janssen COVID-19 Vaccine, which is not an FDA approved vaccine. • The recipient or their caregiver has the option to accept or refuse the Janssen COVID-19 Vaccine. Thus, any attempt to force an employee to take a COVID-19 vaccine is contrary to both federal law and the conditions under which the COVID-19 vaccine has been authorized for use.
ReplyDeleteAnd despite all that, these tin-pot judges think they can overrule the Constitution and Federal law. SCOTUS should strike this, but meantime these folks is outta werk.
DeleteI see no problem with any company and especially a health care provider requiring their employees to be vaccinated. It would seem illogical to not require it.
ReplyDeletefuck you commie
DeleteAt this point in time, fro the lips of the FDA themselves, there are no COVID-19 vaccines. Nothing approved, nothing licensed. What is being offered is an Emergency Use Authorization of an experimental therapeutic. It conveys no immunity. This information is in the papers provided to people that get the shots.
DeleteTwo words for you to contemplate: "slippery slope".
DeleteIt would be illogical to bullshit healthcare workers (they have actual medical training) that the vaccine is even needed.
DeleteThose with compromised immune systems SHOULD NOT get the vaccine.
So are they going to be fired for not getting the jab or are they being fired for having HIV, RA, etc, etc.
Sounds like there’s an ADA lawsuit just waiting to be filed.
go fuck yourself ignorant idiot and learn a bit about whats really going on with this bullshit.
DeleteIt's not a vaccine. It is experimental. Those who take it are the equivalent of lab rats. Illogical?
DeleteDon't be so open minded your brain falls out.
Deleteyou and your family take it PLEASE.
DeleteOther than that, STFU. And I'd most certainly say that to your face.
Sounds like your employer requires lobotomies and you were a willing subject
DeleteYou seem to have entered the wrong room. The retarded followers of the illegitimate government room is down the hall to the left.
DeleteI would like to second fuck you, commie.
DeleteSteve in Ky.
I don't normally cuss, but I mean it personally.
Expound on your 'logic'.
DeleteA country of free men on their knees begging a robed boob for freedom? Seriously? Tell me I got this wrong
ReplyDeletePlease
-Bert
Should my employer require vaccination, I'd observe that the manufacturer cannot be held liable for adverse effects, under federal law.
ReplyDeleteThat leaves my employer, and individual employees, as the only entity I can seek compensation from.
With that understood, my next of kin have been so informed.
Which arm? (Grin)
Unfortunately, Cali osha has said private employers are not responsible for problems with forced vaccine.
DeleteNot correct. Cali osha has said that private employers are not responsible for REPORTING provlems with the forced vaccine. Nothing stopping you from doing so if your employer requires it, and osha has consistently stated that employer mandated medical requirements are the companies resposibility to cover. The reporting requirement was gonna shoot thier insurance premiums through the roof AND dramatically increase the number of adverse reports against this treatment. Didnt want that on the books. Bad enough vaccine reports show deaths from covid vax at 50x greater than all other vaccines COMBINED year to date. 5888 deaths covid vax vs 109 all other vaccines. (345 total deaths from vaccines last year for reference)
DeleteGiven CDC reports that covid deaths have been inflated and between 94 and 96% were just normal deaths with a positive covid test result suddenly those 500000 deaths (omg) become 25k to 30k deaths from covid, or an average flu year. But worse than that you now have 1/6 to 1/5 as many deaths from the cure as you do from the disease. In 1/3 the time.
I know it usually takes 2 years for the antibody dependant expression to kill or seriously sicken all coronavirus vaccinne test subjects since 1970, but im rapidly moving into the "please speed this shit up" camp every time i read news like this. Liberals really are now, too stupid to live.
If your employer tries to force you to get the vaccine in order to keep your job, there is a form letter in legaleeze to help you persevere, from Robert Barnes at https://vivabarneslaw.locals.com
ReplyDeleteVaccine Mandate Employee Letter Example
No authorship claim or copyright asserted...this letter just came to me in a bottle, and I have no idea who might have penned it, nor can I possibly vouch for it, and what you fine folks do with it is entirely in your own hands, as the Gentlemen of the Bar remind me I can proffer no legal advice in the matter, and do not so here...
Dear Boss,
Compelling any employee to take any current Covid-19 vaccine violates federal and state law.
First, federal law prohibits any mandate of the Covid-19 vaccines as unlicensed, emergency-use-authorization-only vaccines. Subsection bbb-3(e)(1)(A)(ii)(III) of section 360 of Title 21 of the United States Code, otherwise known as the Emergency Use Authorization section of the Federal Food, Drug, and Cosmetic Act, demands that everyone give employees the "option to accept or refuse administration" of the Covid-19 vaccine. ( https://www.law.cornell.edu/uscode/text/21/360bbb-3 ) This right to refuse emergency, experimental vaccines, such as the Covid-19 vaccine, implements the internationally agreed legal requirement of Informed Consent established in the Nuremberg Code of 1947. ( http://www.cirp.org/library/ethics/nuremberg/ ). As the Nuremberg Code established, every person must "be able to exercise free power of choice, without the intervention of any element of force, fraud, deceit, duress, overreaching, or other ulterior form of constraint or coercion; and should have sufficient knowledge and comprehension of the elements of the subject matter involved as to enable him to make an understanding and enlightened decision" for any medical experimental drug, as the Covid-19 vaccine currently is. The Nuremberg Code prohibited even the military from requiring such experimental vaccines. (Doe #1 v. Rumsfeld, 297 F.Supp.2d 119 (D.D.C. 2003).
Secondly, demanding employees divulge their personal medical information invades their protected right to privacy, and discriminates against them based on their perceived medical status, in contravention of the Americans with Disabilities Act. (42 USC §12112(a).)
Third, conditioning continued employment upon participating in a medical experiment and demanding disclosure of private, personal medical information, may also create employer liability under other federal and state laws, including HIPAA, FMLA, and applicable state tort law principles, including torts prohibiting and proscribing invasions of privacy and battery. Indeed, any employer mandating a vaccine is liable to their employee for any adverse event suffered by that employee. ( https://www.osha.gov/coronavirus/faqs#vaccine ). The CDC records reports of the adverse events already reported to date concerning the current Covid-19 vaccine.( https://www.cdc.gov/coronavirus/2019-ncov/vaccines/safety/vaers.html )
With Regards,
Employee of the Year
My body my choice......wtf?
ReplyDeleteWow! This judge is an idiot. Some enterprising ambulance chaser should be filing several law suits in addition to an appeal to the SJC for injunctive relief pending appeal. This smells like money, Money MONEY!
ReplyDelete'Course the down side is that the hospital goes out of business and the employees end up without a job anyway. Joblessness is just delayed.
Nemo
I do wonder about the accuracy of the news reporting here. I read where around 500 employees were exempted from receiving the 'vaccine' based on religious, pregnancy, or other health issues. I also question the privacy (HIPPA) issues raised - I have had to show a shot record for school, employment and overseas travel since I was just a kid, but that also was for FDA APPROVED injections.
ReplyDeleteA judge appointed by Reagan who needs retirement.
ReplyDeleteYeah this is exactly what I want; to have health care workers who refuse to vaccinate taking care of my aged mother.
ReplyDelete