According to the lawsuit, Houston Methodist CEO Marc Boom told the 26,000 staff members of the hospital network to get the COVID-19 vaccine before June 7. Anyone who fails to get inoculated by the deadline would be fired.
Registered nurse and plaintiff Kim Mikeska is among those facing termination as she does not want to get the vaccine. She told the Houston Chronicle: "This is my body, this is my choice. I don't think employers or anyone should mandate what goes into my body." Mikeska added: "This is about my liberty and my freedom. I'm standing up for every American, for the freedom to choose … [and] the liberty to have autonomy over your own body."
The suit's lead plaintiff and registered nurse Jennifer Bridges said she will not get the COVID-19 vaccine as she is not comfortable with it. Despite having received "every vaccine known to man" in the past, she believed that the COVID-19 vaccines needed further study. Bridges told the Chronicle that she would rather lose her job and suffer the short-term financial impact than suffer an adverse reaction that could affect her whole life. "I'm totally prepared to get fired if I have to. We will hold [Houston Methodist] accountable for what they're doing," she said.
Meanwhile, Boom completely dismissed the facts in the lawsuit and said that the COVID-19 vaccines are "not experimental." He also defended his decision to require Houston Methodist employees to get vaccinated. "It is legal for health care institutions to mandate vaccines, as we have done with the flu vaccine since 2009," Boom said.
Requiring employees to get COVID-19 vaccines blatantly violates the Nuremberg Code
Houston Methodist Spokeswoman Amy Rose confirmed the June 7 deadline for COVID-19 vaccination. She added that close to 99 percent of the hospital's total workforce have now received at least dose of COVID-19 vaccines. Rose said in a statement: "Houston Methodist is adamant that we do everything in our power to protect our patients. Our decision to mandate the [COVID-19] vaccine for all our employees was not made lightly."
But attorney Jared Woodfill, who filed the lawsuit in Texas's Montgomery County, was not convinced. He told local news outlets that Houston Methodist's vaccine mandate "is a severe and blatant violation of the Nuremberg Code and the public policy of the state of Texas."
The code clearly outlined that "the voluntary consent of the human subject is absolutely essential." It further elaborated that persons "should have legal capacity to give consent … without the intervention of any element of force." Incidentally, Bridges said that Houston Methodist managers and supervisors are "bullying" unvaccinated employees by constantly asking about their vaccine status. She added that this bullying was done in the presence of other workers – further strengthening the suit's argument.
The Food and Drug Administration authorized three vaccines for emergency use – Pfizer, Moderna and Johnson & Johnson – to address COVID-19 in the U.S. Data from the Centers for Disease Control and Prevention (CDC) said more than 272 million doses of the three vaccines have been administered as of May 17. However, the CDC's Vaccine Adverse Event Reporting System recorded more than 200,000 adverse events related to vaccines. It also recorded 4,863 deaths as part of the adverse reactions.
OSHA did a 180-degree turn on its earlier decision about required vaccines
On a side note, the Occupational Safety and Health Administration (OSHA) revised its guidance with regard to COVID-19 vaccinations. Early this year, the agency said that adverse reactions to the COVID-19 vaccine can be considered as work-related injuries if employers require them. It added that such adverse reactions can be recorded if they are new cases and they meet general criteria – such as affected employees needing days off from work and medical treatment beyond first aid.
OSHA added that it will not hold employers liable for any vaccines they recommend – including the ones for COVID-19. However, the agency clarified that vaccination must be truly "voluntary" for the rule to apply. It meant that an employee would not suffer any repercussions such as a negative performance rating or hindered professional advancement if they choose not to get vaccinated.
But later, OSHA walked back on its earlier guidance and announced it will not require employers to record their workers' COVID-19 side effects anymore. It explained: "The [Department of Labor] and OSHA, as well as other federal agencies, are working diligently to encourage COVID-19 vaccinations. OSHA does not wish to have any appearance of discouraging workers from receiving COVID-19 [vaccines] and does not wish to dis-incentivize employers' vaccination efforts."
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