Posted on 10/23/2015 8:31:54 AM PDT by Conscience of a Conservative
A nurse held for three days in quarantine at a Newark hospital last year after aiding Ebola patients in West Africa has filed suit against Governor Christie and members of his administration, saying they violated her constitutional rights by holding her against her will without due process.
The nurse, Kaci Hickox, had spent a month in Sierra Leone treating Ebola patients and training other health workers for Doctors Without Borders. When she returned home on Oct. 24 and landed at Newark Liberty International Airport, she became the first health worker ensnared in the Christie administration’s new policy to impose a 21-day mandatory quarantine on travelers arriving from Sierra Leone, Liberia and Guinea who had come in contact with Ebola patients.
“We are filing this claim to hold those who made this decision accountable and also to highlight and fight against the lack of due process in the quarantine policy in New Jersey,” Hickox said Thursday via skype from her home in Oregon.
“It was clear to me that politicians and in particular Governor Christie were really reacting out of fear,” she said. “When you choose to detain someone out of fear that’s discrimination.”
The incident occurred last fall amid growing national worries about Ebola reaching the United States from West Africa, where an outbreak has killed more than 11,300 people and infected more than 28,500, according to the World Health Organization. Before Hickox’s return to the United States, a Liberian national who was visiting Texas died of Ebola at a Dallas hospital and Craig Spencer, a Manhattan doctor who had worked with Ebola patients in Guinea, set off a health scare in New York City after he rode the subway and visited a bowling alley while sick from the disease, though he didn’t yet know he had the virus. He has since recovered.
Related: N.J. releases details on mandatory Ebola screening and quarantine
Christie and New York Gov. Andrew Cuomo unveiled Ebola quarantine policies last October amid public concern that health workers who had been treating Ebola patients could not be trusted to self-quarantine when they returned to the United States. At one point, New Jersey had about 100 people in active monitoring, different than quarantine because they must contact local health officials daily and must take their temperatures and watch for symptoms.
Related: Ebola quarantine process criticized by health care worker isolated in Newark
When questioned about the quarantine policy last year, Christie defended it. “Your first and most important job is to protect the health and safety of the people who live within your borders, and the fact is that we’re doing exactly the right thing,” he had said. A poll taken a few weeks after the quarantine policy was implemented, 67 percent of New Jersey residents approved of the decision to quarantine Hickox, and just 19 percent disagreed.
Hickox, 34, is seeking $250,000 in compensatory and punitive damages. Norman Siegel, a civil rights lawyer representing Hickox, said that amounts to $2,000 for each hour of her 80-hour detention plus extra for punitive damages.
The 35-page complaint, filed in the United States District Court of New Jersey, also names as defendants Mary O’Dowd, the former state health commissioner, as well as Christopher Rinn and Gary Ludwig, two other employees of the state health department.
Siegel said Hickox is suing Christie and others as individuals, which could mean the governor would have to pay for his own private lawyer as well as pay any judgment himself if the court sided with Hickox. “It sends a message to other elected officials that they will be held personally responsible for actions like this,” Siegel said.
Christie spokesman Brian Murray said Thursday the governor would not comment on the suit because it is a pending legal matter.
Ebola spreads through direct contact with body fluids or through exposure to objects contaminated with the virus, such as needles. Symptoms, including fever, headache and muscle aches, commonly appear within eight to 10 days of exposure, but the maximum incubation period is 21 days.
In her complaint, Hickox argues that she followed all Doctors Without Borders infection control policies while in Sierra Leone, such as wearing protective equipment when in contact with patients and keeping a three-foot distance from people suspected of having Ebola.
After landing in Newark and telling immigration officials she had been treating Ebola patients, Hickox was held apart in a quarantine center at the airport. “No one told her what was going on or what was going to happen to her,” the complaint states. “There seemed to be no coordination among the persons who interviewed her.”
Among those who questioned her was a man wearing a weapon belt “who spoke to Hickox aggressively as if she were a criminal,” according to the complaint.
When someone tested her with a non-contact thermometer, it registered a temperature, but an oral thermometer later used at University Hospital in Newark showed no fever.
Hickox was taken from the airport to the hospital in an ambulance escorted by eight police cars with lights flashing and sirens blaring, and she was held in an isolation tent in an unfinished section of the hospital facility with inadequate heating, the complaint states. She had to ask for several blankets to keep warm, and had no access to the outside world other than her cell phone, which had weak reception, making it hard for her to send or receive email for personal or legal reasons, according to the complaint. She had access to a portable toilet but not a shower.
“I felt completely alone and vulnerable,” Hickox said. “It was really hard. I had a lot of tough moments.”
While being held, she showed no symptoms of Ebola, and threatened legal action with the help of the American Civil Liberties Union. At the time, Christie replied in response, “I’ve been sued lots of times before. Get in line. I’m happy to take it on.”
He also said he didn’t think the state’s quarantine policy would discourage health care workers from going to West Africa. “I think folks should understand part of the sacrifice is going over there and the remainder of the sacrifice is when you come home,” he said then.
Hickox was later released and went home to Maine, where she was kept under quarantine for several days until a Maine judge ruled she didn’t have to be quarantined.
Hickox’s experience became a cause celebre among other health care workers, and her case sparked national debate about how to handle people exposed to Ebola. Christie and President Obama also clashed publicly over the state’s quarantine policy.
Hickox said she did not sue University Hospital or the health care providers because they weren’t the ones who enforced the quarantine. She called the nurses, doctors and staff “wonderful, compassionate and kind.”
Before her stint in Sierra Leone, Hickox had also worked as a medical team leader, nurse manager and primary health care manager for Doctors Without Borders in Uganda, Nigeria, Sudan and Myanmar. Hickox married in the past year and moved to Oregon where she is “a clinical nurse educator for a large health care provider.” She has not been out of the country since Sierra Leone. But she said she hopes to do more humanitarian work overseas and hopes New Jersey’s quarantine policy is changed by then were she to land back in Newark.
Email: fallon@northjersey.com and oneillj@northjersey.com
Next time we get someone entering the country from an area where ebola is active, can we have them stay with you for 21 days until they are certified symptom free?
When you read her story she is bitching about not having enough blankets and enduring lousy cell phone reception in a partially finished wing of a hospital. This is politically motivated and she is seeking attention.
Some say it could well be longer than that - up to 40 days.
Fact is Ebola is not fully understood, nor is it understood enough to be unnecessarily risking a horrible death to countless numbers of innocent people.
One of the “certified clear” medics gave Ebola to his other sexually.
That hit the news not too long ago.
Kaci (in her own words on the Today Show, 2014), “She will pursue legal action if Maine forces her into continued isolation: “If the restrictions placed on me by the state of Maine are not lifted by Thursday morning, I will go to court to fight for my freedom.”
Two "cured" ebola victims have now come down with a secondary case of Ebola exhibiting itself as meningitis..
I believe at least 80 people are being monitored.
Kinda takes the "settled science" out of her case.
There is no “definitive line” as to when one is contagious. They say until “symptoms develop”. One hour before an elevated temp? First sign of nausea? Who knows?
Yeah, there's always a but somewhere.
They still don’t know the actual point of contagiousness.
They say “when symptoms develop”, but that actually is a catch all phrase meaning “we aren’t sure. But we know it happens sometime around this point”.
And with the incubation period being 2 to 21 days, and it being found to linger in “ cleared” victims, it isn’t something to play with.
oh I didn’t realize she had moved to NJ- She is a real puke! I’m ashamed that she even came from my native state
13% of the cases of Ebola, no fever present.
Absolutely. She had complete disregard for a potential health risk.
My settled science statement was satirical...
Gotta love it.
Whoa! I missed that one.
Didn’t save the article, shouldn’t be too hard to find.
Then there’s secondary Ebola, much like second stage syph.
Shows up in spinal fluid and a meningal infection.
Makes one wonder what else this thing does.
Unfortunately, the PCR test (IIRC) can give false negatives the first three days after symptoms appear.
The US troops that were ordered over were quarantined for 21 days. Can they sue Barack?
I didn’t look for the article; I believe you.
I didn’t know there was second stage syphilis, or second state anything for that matter.
Scary days.
Christie, Perry and other Republican governors did an outstanding job protecting citizens of their states from the Enola pandemic.
The federal government failed.
Syph also has a tertiary stage.
Well, found one article.
http://www.cdc.gov/mmwr/preview/mmwrhtml/mm6417a6.htm
Link, unprotected intercourse with an ebola survivor.
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