Since the pandemic’s start, more than 38-million cases of COVID-19 have been reported in the U.S., and well over 600,000 Americans have died. The Delta variant is now wreaking havoc, with most victims being people who have not received a free COVID-19 vaccination. Because of these facts, it is clear, the chance of you being asked to show proof of the COVID-19 vaccine, i.e., the small white card with the Centers for Disease Control (CDC) stamp, is increasing with every passing day. Already several cities in the U.S., including New York City, San Francisco and New Orleans, consider such proof mandatory if you want to dine in a restaurant, workout in a gym or attend certain special events. However, with the mandate has come resistance, … [Read More...]
Lawsuits Filed Over Bans on Mask Mandates
On Sunday, as kids across Bexar County in Texas were picking out their first day of school outfits and packing their backpacks, the Texas Supreme Court struck down a restraining order that had banned mask mandates in schools, a ban created by an executive order issued by Texas Governor Greg Abbott. However, on Monday, in the 57th Civil District Court, a judge granted a temporary injunction that once again prevented the enforcement of Abbott’s executive order. The back-and-forth legal actions come as the number of ICU beds available in the state of 29-million dropped to only 322 beds due to the rising numbers of COVID-19 patients. And, on Tuesday, Gov. Abbott announced that he had contracted COVID-19 despite being vaccinated. Texas is not alone. Although the … [Read More...]
Is Long COVID Considered a Disability?
As many Americans recover from the COVID-19 virus, some continue to experience symptoms long after the virus has left their body. Many of these COVID-19 long-haulers experience tiredness or fatigue, shortness of breath or difficulty breathing, difficulty concentrating and thinking, heart palpitations, chest pain, amongst others. Even if the COVID illness was mild, a person who contracted it might experience long COVID. On the 31st anniversary of the Americans with Disabilities Act (ADA), the Biden administration, including the Department of Justice (DOJ) and the Department of Health and Human Services (HHS), released new guidance regarding those with long-haul COVID. The ADA is a civil rights law that protects those with disabilities from discrimination. This directive highlights that those with long COVID conditions can face symptoms … [Read More...]
How to Navigate COVID-19 Vaccines if Divorced Parents Don’t Agree
A recent study by Parents Together highlights that less than 60% of parents will have their child vaccinated against COVID. This leaves approximately 40% of parents undecided or unwilling to vaccinate their children. Separated and divorced parents’ feelings towards vaccines are no different than married parents. As children aged 12 and older are now eligible to receive a COVID vaccine, conflict is arising between one parent who wants a vaccine and one who is against it. Which parent prevails? Related: Status of COVID-19 Vaccines for Children The short answer is that it’s complicated and depends on several factors. Normally in parenting matters, most divorced couples with children work towards a compromise, putting the needs of their children first. In the case of a COVID vaccine, there isn’t a … [Read More...]
Status of COVID-19 Vaccines for Children
As more and more adults have received COVID-19 vaccines, eyes turn to those under 18. In May, the U.S. Food and Drug Administration (FDA) granted Pfizer-BioNTech’s vaccine emergency use authorization (EUA) status for those aged 12 to 15. In December, the FDA issued their original EUA for those aged 16 years and older. In June, Moderna expects the FDA to grant their vaccine EUA for those aged 12 to 18. Last week Moderna announced that their two-dose vaccination produces the same immune response in teens as adults. This could pave the way for another vaccine administered to those aged 12 to 18, expanding the vaccine options currently available. In April, Johnson & Johnson’s COVID-19 vaccine began the second phase of a clinical trial, specifically including those 16-17 years old. Upon the conclusion of … [Read More...]
Can Schools Require COVID-19 Vaccines?
As Pfizer’s COVID-19 vaccine was approved for those as young as 12, back to school could look similar to previous years. As millions of students return to school in the fall, there is discussion whether COVID vaccinations will be required. The short answer is it’s complicated. The long answer is it’s complicated and depends on where you live. Each state sets and enforces which vaccinations are required to attend daycare centers, private and public schools. All 50 states and Washington D.C. have a mandate that requires vaccines as children enter school. Exceptions to being vaccinated are made for several reasons. Medical exemptions are issued to those unable to receive vaccines due to medical reasons. In 44 states and Washington D.C., religious exemptions are permitted to those whose faith … [Read More...]
Coronavirus contact tracing raises privacy concerns
Legal issues concerning data privacy aren’t new, of course. But what if personal information is necessary to help protect the public health of your state or your local community? And, ultimately, what happens to the information once it is fairly and legally collected? In a nutshell, those are among the chief questions swirling in early 2021 regarding data privacy and protection amid COVID-19. Nearly a year after its emergence nationwide, the coronavirus spreads its influence far and wide, including on the topic of contact tracing and related new technologies. RELATED: Who needs a warrant? Law enforcement can just buy your private data RELATED: Vaccines should come with protection against risks, experts say Government officials and public health experts agree that the contact tracing of people who test positive … [Read More...]
Vaccines should come with protection against risks, experts say
Editor’s note: With the recent vaccine news, the Legal Examiner is publishing this updated followup version of a previously published article. UPDATE: As the country gears up for a massive program to administer COVID-19 vaccines, some experts are recommending increased protections for anyone who may experience what are expected to be rare negative side effects from taking the shots. As Legal Examiner reported in June, in order to encourage needed innovation and medical treatments, the law protects makers of vaccines and other treatments developed to address the pandemic from lawsuits. This liability immunity also applies to those who distribute and administer these treatments and vaccines. Even the safest medical treatment can cause harmful side effects in rare instances. So, the government has created a program that’s stated … [Read More...]
Is coronavirus the new death penalty in America’s prisons?
As COVID-19 cases rose, fell and now rise again across the country, prisons and youth detention facilities have consistently continued to see high numbers of infection and yes, death, leading some to call it the new death penalty. According to the ACLU’s Death by Incarceration Database, at least 1,423, including prisoners and 101 prison staff, have died from the virus. More than 100,000 incarcerated people have gotten sick from COVID-19. The ACLU database compiles data from the Bureau of Prisons, the Department of Corrections and media coverage across the country. True numbers are likely higher, due to the difficulty in getting information from prisons and jails. RELATED: Coronavirus spreading swiftly through U.S. prisons RELATED: Drones pose rising threat to prisons Criminal justice advocates are speaking out for change, but… [Read More...]
Are There Legal Consequences To Going Out In Public With COVID-19?
https://www.legalexaminer.com/wp-content/claris-images-uploads/covid-gavel@medium.jpgThere are more than 7-million confirmed cases of COVID-19 in the United States alone and more than 35-million worldwide. People are moving through their days, mindful of mandates set up by the government while taking care to protect themselves and loved ones. However, some individuals don’t. Once they test positive, they choose not to use caution and isolate. Instead, they go out in public, exposing others to the deadly virus. News outlets have documented multiple incidents, including a woman in Carrollton, Texas, who recorded herself walking through Walmart, claiming she wanted to infect others with coronavirus. A student in Attleboro, Massachusetts, who tested positive with COVID-19 on a Friday, still went to school the following Monday. … [Read More...]
Colo. Meat-Packing Plant Fined for Failing to Protect Workers from COVID-19
https://www.legalexaminer.com/wp-content/claris-images-uploads/raw-beef-factory@medium.jpgThe U.S. Occupational Safety and Health Administration (OSHA) has cited a Colorado meatpacking plant for failing to properly protect its employees during the COVID-19 pandemic. Nearly 300 employees were infected with the virus since March 2020 and six have died. OSHA has proposed over $15,000 in fines for the plant. Meat-Packing Plant Fined for Violation of a General Duty Clause The Centers for Disease Control and Prevention (CDC) reported in July 2020 that among 23 states reporting COVID-19 outbreaks in meat and poultry processing facilities, over 16,000 cases— including 86 COVID-19-related deaths—occurred in 239 facilities. The agency noted that meat-processing facilities “face distinctive challenges in the control of infectious diseases” as outbreaks among workers can “rapidly affect large … [Read More...]
Stem Cells Could Offer Treatment For COVID-19 Lung Damage
https://www.legalexaminer.com/wp-content/claris-images-uploads/covid19-lungs@medium.jpgIt was back in early January when Dr. Michael Matthay and his team at the University of California San Francisco (UCSF) began delving into a clinical trial to study how stem cells could help treat acute respiratory distress syndrome. Known as ARDS, the syndrome causes a person’s lungs to fill with fluid, preventing normal oxygen from flowing and causing respiratory failure. Although there is no cure for ARDS, doctors know it is caused by one of three things, a trauma (including a near-drowning accident), a bacterial infection or by a viral infection – like COVID-19. In the last nine months, times have drastically changed. In early 2020, COVID-19 was not officially identified in the U.S. Now, … [Read More...]