Posted on 06/07/2023 9:51:27 PM PDT by george76
A nurse diagnosed with a COVID-19 vaccine injury is headed to trial in a case against her former employer.
Danielle Baker, 43, is trying to compel Ohio’s Hospice Inc. to pay worker’s compensation for her COVID-19 vaccine injury, suffered after she went to get vaccinated in June 2021 because she believed the company would mandate vaccination.
A state officer rejected the claim, finding that Baker did not show her injury came “in the course of and arising out of her employment” because Ohio’s Hospice had not yet mandated vaccination. The Ohio Industrial Commission refused to hear the appeal.
But a judge intervened in May, scheduling a trial date that sets up the possibility a jury could side with the nurse.
“It was a win,” Baker told The Epoch Times’ sister media NTD, recounting when she learned of the development. “I cried. We’ve been fighting this for a while.”
Baker hopes to receive a large award based on lost wages and medical bills.
New Developments..
Baker said she knew Ohio’s Hospice would eventually mandate vaccination for employment—it did so in August 2021—and she did not want to lose her job, so she went to get Pfizer’s shot.
Baker quickly began experiencing symptoms such as severe back pain and went to the hospital. She eventually suffered loss of feeling in her extremities and was diagnosed with transverse myelitis, or spinal cord inflammation. Multiple doctors have assessed that the condition was caused by the vaccine.
Ohio’s Hospice Inc., which did not respond to requests for comment, has said in court filings that Baker’s complaint was barred by statutes of limitations and that she has failed to “declare an injurious event that occurred at work and/or a diagnosis for any such event that occurred at work.”
Ohio Attorney General Dave Yost, a Republican, has also opposed the legal action, arguing no valid claim has been offered.
But Miami County Common Pleas Judge Jeannine Pratt disagreed, at least for now. The judge has scheduled a trial that would start on Jan. 31, 2024, if the case is not thrown out or settled.
Baker said she is not inclined to accept a settlement.
“Unless they give something that I can’t refuse I plan on taking it all the way,” Baker told NTD.
James Gardner, a lawyer representing the nurse, said via email that “most cases are resolved, but the diverse positions taken by the parties in this case might make settlement difficult.”
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Nurse for 20 Years..
Baker was a nurse for 20 years, primarily working in hospice care. She worked for 17 years at Ohio’s Hospice.
After suffering the vaccine injury, she went on short-term disability, which eventually turned into long-term disability.
Ohio’s Hospice ultimately said that there were no reasonable accommodations that could be made, so Baker was let go, though she was deemed eligible to rejoin the company at a later date.
Baker has continued receiving disability payments as she’s unable to work because of her symptoms.
Before receiving the vaccine, “I was actually the healthiest I had been,” Baker told NTD. “I was the mom that worked nine to five and came home and cooked and cleaned. We were just always on the go.”
Nowadays, Baker’s husband does most of the caregiving. In addition to the children, Baker needs a lot of care.
Dr. Elizabeth Laffay is one of the doctors who examined Baker.
Laffay wrote in one note, “Given the timing of her symptom onset and her vaccination administrations, it is very reasonable to conclude that she is now primarily suffering from vaccine injury.”
“The type of injuries that Mrs. Baker is experiencing are well-documented to be adverse reactions to the C19 injections,” the doctor added.
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Emails..
Baker’s former employer promoted vaccination heavily, with one official in a March 2021 message to employees claiming the vaccines were “highly effective” and could “obliterate” COVID-19.
The official also said that vaccinated people were showing “little ability to transmit the virus.”
Ohio’s Hospice President Amy Wagner wrote in another message in May 2021 that “we need to continue to be very proactive with the vaccine to work toward the ‘herd immunity’ effect that will help prevent rampant spread of COVID-19.” She claimed that herd immunity would be reached when 75 percent of the population had immunity to COVID-19, even though the vaccines do not prevent infection or transmission.
“If you haven’t received the vaccine, you should … schedule a time to do so,” Wager said. “We strongly encourage 100% of our teammates to receive a vaccination,” even if they had recovered from COVID-19,
If that goal was met, each employee would receive $100. Each worker who presented proof of vaccination was also given $100, and all vaccinated employees were eligible for a $5,000 bonus, five of which would be given.
The message also said the company would discontinue the paid days off it had been providing for issues related to COVID-19 symptoms and quarantine or vaccine symptoms.
Baker believed the messages signaled that shots would soon be mandated, and went to get a vaccine in order to keep her job.
Ohio’s Hospice, which announced its mandate in August 2021, has said it would have to pay Baker if she wins her case because the hospital opted out of the workers’ compensation pay-in.
“No one should ever be coerced, bribed, threatened and/or mandated to have, a medical procedure done for the benefit of their employer,” Baker said in an emailed statement. “I proudly worked for Ohio’s Hospice for 17 years, never imagining that this agency that profits up to $49 million a year would turn their back on me when I needed them the most. Instead, they have left me and my family in financial ruins. This is just the tip of the iceberg, and we plan on flipping it upside down by setting precedent for others when we rightfully win this case.”
If the employer did not mandate it, she did it completely on her own.
There were idiots at various places of work I and my wife know who volunteered to get the shots when their employers didn’t push them to get it, and some of them regret it, but the rest don’t.
If you volunteer, your stupidity is only on you.
This woman is an idiot who regrets being an idiot.
Morgan and Morgan, just for algorithms gleaning our data.
My HR Director is a good friend. She slow-walked everything Covid like the FBI investigates the Bidens. She is an artist extraordinare at waiting out stupid shit.
The law protects the company that made the vaccine.
But does the law protect the company (your employer) who compelled you to take the vaccine?
I know that wasn't the case here (employee was too pro-active), but...
Regards,
She jumped the gun, participated in the experimental drug trial voluntarily. And the drug companies so far have immunity. Sadly, she has no case against anyone.
I am healthier 30 months after first jab, enjoyed 6 cruises after the jabs with fully vaccinated passengers (required to board the ships) and no one got sick or had injuries from the jabs.
are you sure the vax didnt affect your thinking?
Lucky you, buy some lottery tickets. Others, many others, are not so lucky. I had adverse reaction to H1N1 vaccine, so stayed away from the experimental Covid vaccines. Got Covid at least once, no big deal. I’m 63, overweight. And I definitely think anyone injured from the experimental Covid vaccines deserve justice.
Lies.
He's in his 60s. He's okay now, but who knows what the jab's longterm damage will be?
For this reason alone I believe this employer should pay dearly. As a business owner I am very tuned into this. An employer that promotes the use of a product whose manufacturer is immune from product liability by law is so reckless and irresponsible that it should be liable to the point of financial ruin.
I was in a hospital before the mandates. They were having one on ones with people and seeding an environment where you were tracked on a spreadsheet to leaders. Leaders were supposed to tell their employees how effective this will be.
They were mandating it in a different way. They were already getting communication that the mandate was coming and their CMS disbursement for Medicare would be reduced just like the flu vax mandate.
They told me a leader had to set an example and take it.
I took a 60 percent paycut because of trumps vax and left that place.
It has been hard to get work and I have never recovered pay since bidens mandate.
It was indeed a mandate, before it was a mandate.
Now those same people continue to say people who aren’t vaxxed should be denied care. Denied treatment.
injuries from the jabs (as the population on a ship)
Ones injured from Jibby Jabby would be at home and not on board a ship. Your statement ignores that statistical proverb, dead men tell no tales and rarely sue.
A friends friend couple are going for their 6th vaccination booster. This is after they both had the “most severe Covid” a few weeks ago. Duh
Not really. Her employer did mandare it at a later date and it sounds like they were discussing vaccinations as a positive thing and most, if not all, health care providers were requiring vaccination as a condition of employment.
I disagree on both your claims. First, if any of the vaccine manufacturers committed fraud it would nullify any immunity they had. Secondly, while on the surface it may seem like she jumped the gun, her employers were discussing future mandates as was the government particularly for health care workers. Eventually, her employer required all employees to take it.
Nothing like gloating about your health on a thread discussing someone who was injured from what you were spared.
I take it you also post the same on forums for people suffering from cancer, leukemia, lupus, etc.
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