Health workers vaccine mandate may prompt lawsuit in Dutchess
Area hospital staff members are planning to sue for relief from a COVID-19 vaccination requirement instituted by the Nuvance Health group and New York.
However, it is unclear exactly how many health care workers are interested in taking action against the mandate.
Patricia Finn, a Rockland-based civil rights attorney specializing in vaccination suits, said Thursday she intends on launching legal action, but did not specify which parties would be sued or when it may be filed. She also said a strike was possible without amicable resolution.
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Finn was responding to inquiries regarding a possible suit on behalf of Vassar Brothers Medical Center workers against parent company Nuvance. Chelsea Patton, a registered nurse on a surgical unit at Vassar, recently started a GoFundMe page with the intention of raising money to hire Finn on behalf of workers at Vassar and fellow Nuvance facility Northern Dutchess Hospital.
All Nuvance workers at any level of their operations are facing an Oct. 1 deadline to be fully vaccinated as a condition of employment. Last week, the state Department of Health approved a vaccine mandate for all health care workers, and removed a planned religious exemption; hospital and nursing home employees must receive their first dose by Sept. 27, while all other health care workers must be vaccinated by Oct. 7.
A crowd of several dozen protested the mandates Thursday on Columbia Street in front of Vassar Brothers; the group was a mix of employees, family and friends of employees, and supporters.
As of the end of August, Nuvance reported 53% of its workforce at Vassar Brothers in Poughkeepsie had been fully vaccinated, with the staff at Northern Dutchess Hospital in Rhinebeck at 63%. Dutchess’ other Poughkeepsie hospital, Westchester Medical Center Health Network’s MidHudson Regional, said it had an 88% vaccination rate.
Health and government officials have long maintained the vaccines are the best tool to fight the COVID-19 pandemic, with studies repeatedly showing inoculations drastically reduce the likelihood of contracting the illness, and for those who still do, decreasing the chances of feeling the virus’ most severe effects. According to county health department statistics, roughly 80% of those who were hospitalized with COVID-19 last month were either unvaccinated or had not finished their vaccine series.
Patton on her GoFundMe called the vaccine mandate an “undue hardship” which is “unfathomable,” and said the group is seeking “freedom of choice.”
Finn did not specify if she was hired by Patton’s group. Rather, she called her plaintiff “Jane Doe Nurse,” who “is suffering irreparable harm and cannot be vaccinated. She is a front line nurse and was exposed to COVID. She doesn’t need a vaccine because of natural immunity. Her religion forbids the practice of vaccinating also.”
Health officials have recommended even those who have had the illness should be vaccinated, as antibodies built through a COVID-19 infection have been shown to decrease over time.
Finn said she is “hoping for a friendly settlement with the new governor,” and for the deadline for complying with a vaccine mandate to be pushed to January. Otherwise, she said, workers plan to strike.
Gov. Kathy Hochul, since being sworn in last week, has been outspoken in her support of vaccines mandates. Last week she made headlines by wearing a nameplate necklace with a single word: “Vaxed.”
Finn is not the first Hudson Valley lawyer to discuss the possibility of legal action from health care workers. Michael Sussman, an Orange County civil rights attorney, said he’s been in contact with about 120 workers from various lines of work, including the health industry, considering action against vaccine mandates.
Proponents of vaccines have argued inoculations against other illnesses, such as Polio and Measles, have been a requirement in New York for years to do such things as attend public schools.
Dozens rally
At the rally Thursday, Jessica Johnson, an anesthesia technician, said she would rather risk losing her job than be vaccinated.
“They are taking away our religious freedom and medical exemptions,” Johnson said. “This isn’t any different than any other medication vaccine and they shouldn’t just start mandating now. It’s against the law it’s unconstitutional.”
Most at the rally were not wearing masks and many held signs such as “Don’t Fire Frontline Heroes We Have The Right 2 Choose,” and “Freedom Not Force.”
Victoria Alexander, who described herself as a philosopher of biology, said she doesn’t believe a vaccine is necessary to fight the pandemic.
“Address this illness as we would address any serious illness with treatment, focused protection for the most vulnerable and allow people with good healthy immune systems to get out and lead normal lives, and if they get sick, or when they get sick, because its pretty contagious, to seek early treatment,” Alexander explained.
Alexander would not say whether or not she has been vaccinated stating that she fears there will be “serious prejudice against undocumented people.”
Others in the crowd called the mandate a violation of their personal freedoms. One health care worker said they complied with Vassar’s requirement already, but said it wasn’t her choice.
Nuvance President and CEO Dr. John M. Murphy, when Nuvance announced the mandate last month, said in a statement “We are convinced that having a fully vaccinated workforce is critically important to ensuring the health and well-being of our employees, patients and community members. We have proven throughout the pandemic that we can conquer even the toughest challenges when we work together. We need to continue working together by getting immunized against COVID-19 so we can have a safe environment for our patients and each other.”
Saba Ali: [email protected]; 845-451-4518.
