Federal judge dismisses anti-vax lawsuit brought by Houston Methodist employees

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A federal judge has dismissed a lawsuit brought by 117 employees at Houston Methodist Hospital who had sought an injunction against the hospital's mandate to get vaccinated against COVID-19 or face termination.

U.S. District Court Judge Lynn N. Hughes ruled on June 12 that the hospital's vaccination policy broke no federal law and ruled against the lead plaintiff, Houston Methodist employee Jennifer Bridges.

"Bridges dedicates the bulk of her pleadings to arguing that the currently-available COVID-19 vaccines are experimental and dangerous," Hughes wrote. "This claim is false, and it is also irrelevant."

Texas law only protects employees from being terminated for refusing to commit a criminal act, she said, and requiring a COVID-19 vaccine is not a criminal act.

Also, on May 28, the Equal Employment Opportunity Commission said employers can require employees to be vaccinated against COVID-19, subject to employees' disabilities or religious beliefs, according to the ruling.

The judge said that if Bridges doesn't want a vaccine, she can work elsewhere, likening it to refusing an assignment or other work requirement.

While some of the 177 employees have reportedly gotten one vaccine since the ruling, others have vowed to keep on fighting. Jared Woodfill, the lawyer representing the plaintiffs, told NPR they're not done "fighting this unjust policy." In a written statement, he said his clients are committed to appealing the decision.

WHY THIS MATTERS

While Hughes refers to state law in her ruling, the U.S. Equal Employment Opportunity Commission is federal, which means the hospital mandate in Texas could apply to hospitals nationwide that have mandated vaccinations for staff.

THE LARGER TREND

On April 1, Methodist and the Woodlands Hospital issued a policy requiring mandatory immunization of all covered Houston Methodist employees. Phase 1 included management personnel. By June 7, all 26,000 employees were required to comply.

Bridges and 116 others filed the lawsuit on May 28, asking the judge in Montgomery County, Texas, for declaratory relief. They claimed they were being used as "human guinea pigs." Bridges said she didn't want to take the vaccine because none of the three being given has gotten full U.S. Food and Drug Administration approval. The Moderna, Pfizer and the Johnson & Johnson vaccines have received FDA emergency use authorization.

The hospital system had given workers a deadline of receiving the vaccine by June 7 at midnight, or face losing their jobs. 

This is the first time that a U.S. employer is forcing employees to get the COVID-19 vaccine, the lawsuit said.

Twitter: @SusanJMorse
Email the writer: susan.morse@himssmedia.com