(The Center Square)-A group of 117 health care workers have sued Houston Methodist Hospital for policy requiring its employees to receive the COVID-19 vaccine as a condition of staying working .
The plaintiffs asked the court to issue a temporary order against the hospital, arguing its policy violated state and federal law.
“For the first time in U.S. history, an employee forced an employee to participate in an experimental vaccine test as a condition for continued employment,” their attorney, the attorney general said. Houston -based Jared Woodfill, spoke at The Center Square.
The lawsuit was filed in U.S. District Court in Montgomery County. Plaintiffs argued that the hospital policy violated state law and caused harm to them in the form of lost wages, loss of income capacity, lost benefits, lost future income and mental illness, and so on.
The hospital policy also violates federal law, the complaint argues, specifically stating that a drug issued under Emergency Use Authorization is experimental and cannot be mandated as a condition of employment.
On March 31, 2021, Houston Methodist Hospital became the first major health care system in the United States to ask its employees to experiment with COVID-19 mRNA genetically modified cell transformation or, according to Woodfill.
“No matter what’s going on in the world, taking care of your health should always come first,” reads the marketing material shared by the hospital. “At Houston Methodist, our primary and specialist physician care is available to prepare expert care for you and your family. And we’re taking it one step further to protect you: Houston Methodist needs it all employees and working physicians to obtain a COVID-19 vaccine. ”
The Houston Methodist employs 26,000 people. Its CEO Marc Boom, told the Houston Chronicle that 99% of staff “complied with the requirements for the hospital’s vaccination rule, and said vaccines were part of the‘ sacred obligation ’demanded by workers to health care.
“It’s unfortunate that some of the remaining employees who refuse to be vaccinated and prioritize our patients are responding in this way,” Boom said. “It is legal for health care institutions to prescribe vaccines, as we have done with the influenza vaccine since 2009. COVID-19 vaccines have been proven through rigorous tests to be more safe and very effective and not experimental. “
Attorney Robert F. Kennedy Jr., a patient rights advocate who heads the nonprofit organization, Children’s Health Defense, disagreed.
“All COVID-19 vaccines are only authorized, not approved or licensed, by the federal government; they are the only Emergency Use Authorization (EUA). It ‘can be effective,'” Kennedy said.
Emergency Use Permitted medications are covered by Title 21 USC § 360bbb-3 (e) (1) (A) (ii) (I-III) of the Federal Food, Drug, and Cosmetic Act. The law states that those given the option to take the drug must be informed that the drug falls within the permit for emergency use, that “the essential knowledge and potential benefits and risks of such use, and to what extent- a is not aware of such benefits and risks, “and that they have the option” to accept or refuse to handle the product. “
Kennedy said no court has supported a mandate for an EUA vaccine.