Posted on 06/13/2021 6:13:05 PM PDT by White Lives Matter
A federal judge tossed a lawsuit filed by a nurse against Houston Methodist hospital over its requirement that all employees be vaccinated against Covid.
117 employees filed a lawsuit against a Houston-area hospital over its Covid-19 vaccine mandate.
Advertisement - story continues below
Jennifer Bridges, a registered nurse at the hospital said that doctors are being forced from their practices and ultimately left with no choice but to abandon their patients.
The lawsuit argued the vaccine mandate violates the Nuremberg Code and US statutes that allow Americans to refuse “unapproved” treatments.
The employees sued The Methodist Hospital, the Methodist Hospital System and Houston Methodist The Woodlands Hospital.
David Bernard, the CEO of Houston Methodist San Jacinto Hospital told employees that they can find a job elsewhere if they refuse the experimental Covid vaccine.
“100% vaccination is more important than your individual freedom. Everyone [sic] of you is replaceable. If you don’t like what your [sic] doing you can leave and we will replace your spot,” Bernard told the employees.
U.S. District Judge Lynn Hughes of Houston, a Reagan appointee tossed out the lawsuit on Saturday and blasted Jennifer Bridges.
NBC DFW reported:
(Excerpt) Read more at thegatewaypundit.com ...
We have a criminal group of “elite” intent on controlling us and if they can not control us, they use lawfare to hurt us.
Merriam Webster
https://www.merriam-webster.com/dictionary/vaccine
HERE IS THE ORIGINAL PRE-2020 DEFINITION:
Definition of vaccine
1: a preparation that is administered (as by injection) to stimulate the body’s immune response against a specific infectious agent or disease: such as
a: an antigenic preparation of a typically inactivated or attenuated (see ATTENUATED sense 2) pathogenic agent (such as a bacterium or virus) or one of its components or products (such as a protein or toxin)
a trivalent influenza vaccine
oral polio vaccine
Many vaccines are made from the virus itself, either weakened or killed, which will induce antibodies to bind and kill a live virus. Measles vaccines are just that, weakened (or attenuated) measles viruses.
— Ann Finkbeiner et al.
… a tetanus toxoid-containing vaccine might be recommended for wound management in a pregnant woman if [greater than or equal to] 5 years have elapsed … .
— Mark Sawyer et al.
In addition the subunit used in a vaccine must be carefully chosen, because not all components of a pathogen represent beneficial immunological targets.
— Thomas J. Matthews and Dani P. Bolognesi
HERE IS THE 2020 ADDITION:
: a preparation of genetic material (such as a strand of synthesized messenger RNA) that is used by the cells of the body to produce an antigenic substance (such as a fragment of virus spike protein)
… Moderna’s coronavirus vaccine … works by injecting a small piece of mRNA from the coronavirus that codes for the virus’ spike protein. … mRNA vaccine spurs the body to produce the spike protein internally. That, in turn, triggers an immune response.
— Susie Neilson et al.
The revolutionary messenger RNA vaccines that are now available have been over a decade in development. … Messenger RNA enters the cell cytoplasm and produces protein from the spike of the Covid-19 virus.
— Thomas F. Cozza
Viral vector vaccines, another recent type of vaccine, are similar to DNA and RNA vaccines, but the virus’s genetic information is housed in an attenuated virus (unrelated to the disease-causing virus) that helps to promote host cell fusion and entry.
— Priya Kaur
NOTE: Vaccines may contain adjuvants (such as aluminum hydroxide) designed to enhance the strength and duration of the body’s immune response.
The nurse may have recourse in state court as the Hospital has to follow state rules about employment that won’t go near constitutional guidelines. Indeed, the hospital would have had a tougher time I think in fending off such state employment rules as to what they can force and not force employees to do.
Perhaps it is an at will state but I’ll bet even Texas has rules as to what an employer can force and what they cant force its employees to do. A singular abrupt firing of a 117 nursing personnel including an unknown number doctors deciding to leave an important institution can constitute as a health crisis for the community that hospital serves. The state could act to curb the hospital’s plans if they wished.
I am waiting for the other shoe to drop, when this Monsanto type genetic modification results in the children of the vaccinated being sued for patent infringement...
Hughes did get it wrong in one way, though: He shouldn’t have ruled on the merits at all, and instead should have remanded the case back to state court. The suit was originally filed in state court in Montgomery County, TX, and the hospital removed it on very shaky “federal question” grounds. But it was the job of the plaintiffs’ lawyer, Jared Woodfill, to file a motion to remand, and he didn’t.
They won’t, because this was their state court lawsuit. It was filed in state court originally and then removed to federal court by the defendants, without any objection by the plaintiffs. Judges Hughes applied state law in his ruling.
Texas strongly presumes “at will” employment and has almost no protections against termination beyond those afforded by federal law.
Texas needs to pass law on authorities forcing covid shots.
I’m not sure ‘my body, my choice’ would fly. That seems to be the exclusive purview of another sort of invasion of the human body.
They’ll have to find another argument - if not successful, they’ll find other work.
Could a company require an employee to have an abortion?
I don’t think so - at least not yet, in this country.
But the argument still wouldn’t fly legally.
Private institutions and companies have the right to make whatever requirements they like, as long as they are not illegally discriminating in certain prescribed ways - race, gender, religion, etc.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.