Tag Archives: protective masks

COVID-19 lawsuit takes on McDonald’s like it was a rowdy bar

By Tom Hals

(Reuters) – As U.S. businesses reopen, worried workers and their advocates are borrowing a legal strategy commonly used to shut down rowdy topless bars to try and force employers to strengthen protection against further spread of the coronavirus.

Workers and their families at McDonald’s Corp’s Chicago restaurants have filed a class-action lawsuit against the fast-food chain that does not seek money for sick staff, but compliance with health guidance such as providing clean face masks.

The strategy was unsuccessful against a meatpacking plant but experts said it could work against McDonald’s and other companies, and a business group warned about a flood of cases.

“The damage done by inadequate safety practices is not confined to the walls of a restaurant but instead has broader public health consequences,” Tuesday’s lawsuit said.

Like an April lawsuit against a meatpacking plant, the case targets McDonald’s as a public nuisance, a legal strategy previously used to shutter strip clubs and the famed Limelight nightclub in Manhattan.

Typically, workplace safety is a matter for the federal Occupational Safety and Health Administration (OSHA), which has the authority to inspect businesses and issue citations. By focusing on community health, the lawsuit attempts to move outside OSHA’s jurisdiction and into the courts.

McDonald’s workers around the country have protested and demanded safety gear.

In Chicago, workers filed at least four complaints with OSHA, but the agency declined to inspect work sites, according to the lawsuit.

OSHA did not immediately respond to a request for comment. Unions have criticized the agency for lax enforcement and failing to issue mandatory standards for businesses to stem the spread of COVID-19.

“When you don’t have an assertive OSHA you get these creative approaches,” said Michael Duff, a professor at the University of Wyoming College of Law.

McDonald’s called the allegations inaccurate. The company criticized the SEIU service union that is supporting the plaintiffs and said the chain has issued a 59-page guide its restaurants must follow to protect staff and customers.

The Fight for $15 group, which campaigns to raise the U.S. minimum wage to $15 an hour, is also helping the workers.

OSHA has said it is investigating thousands of complaints nationwide and that flexible guidance is better than rigid standards.

The public nuisance doctrine stems from medieval England, where it was used to promote safer roads and to fight infectious diseases.

To prevail, plaintiffs must prove a defendant interfered with public good, like the community’s health. Unlike a typical lawsuit, it does not generally require proof that the defendant directly injured someone.

Rather than prove someone was infected with the coronavirus at McDonald’s, the workers must instead show the company created an unsafe workplace that posed an imminent threat of contributing to its spread.

A similar public nuisance lawsuit filed in April against a Smithfield Foods Inc meat processing plant in Missouri was dismissed because the judge said workplace safety was a matter for OSHA.

But Smithfield was already being investigated by OSHA and unlike McDonald’s, there were no confirmed COVID-19 cases in the Missouri plant.

The Institute for Legal Reform, an affiliate of the U.S. Chamber of Commerce business group, has warned the pandemic could prompt a flood of “abusive” lawsuits, and cited the McDonald’s public nuisance case in a call with reporters this week.

“The danger is one case survives and like moths to light you’ll see cases all over the place,” said Michelle Richards, a law professor at the University of Detroit Mercy.

Richard Ausness, a professor at the University of Kentucky College of Law, downplayed the risk of a flood of cases, but said the mere filing of such a lawsuit could push a business to help its workers.

“Who wants to be accused of maintaining a public nuisance? It just sounds awful,” he said.

(Reporting by Tom Hals in Wilmington, Delaware; editing by Noeleen Walder in New York)

Exclusive: Nurses at Mexico hospital hit by coronavirus say they were told to avoid masks

MONTERREY, Mexico (Reuters) – Nurses at a public hospital hit by Mexico’s worst coronavirus outbreak were told by their managers not to wear protective masks at the start of the epidemic to avoid sowing panic among patients, nurses and other medical workers said.

Two doctors and a hospital administrator have died and at least 51 staff members have been infected since the new coronavirus was detected at the IMSS General Hospital in Monclova in the northern state of Coahuila in late March, the state health department said.

The hospital became Mexico’s first hot spot for the COVID-19 illness caused by the coronavirus.

At least four of the infected workers are currently hospitalized as a result of the outbreak, which has fed concerns that Mexico’s underfunded healthcare system is ill prepared to cope with a major epidemic in the nation of nearly 130 million people.

At the beginning of the outbreak, managers “said that protective equipment wasn’t necessary,” said nurse Charly Escobedo Gonzalez who works at the Monclova hospital.

Answering questions from Reuters about the reports that hospital management told staff not to wear masks, a senior official at Mexico’s main public health service IMSS which runs the hospital said that the health workers should be believed, but he did not confirm details of the reports.

“Specifically, if they are saying that then of course we have to believe it,” said the IMSS official, Raul Pena Viveros. He said there can be misunderstandings inside a hospital about where it is appropriate to wear protective equipment.

“Not all of the workers have to wear the same equipment inside the hospital. And when this type of equipment is used badly…it runs out more quickly and they put workers who are in contact with patients at risk,” he said.

Mexico has registered 4,661 people with the coronavirus and 296 deaths, a fraction of the figures in the neighboring United States, but the coronavirus arrived weeks later in the Latin American country.

The Monclova hospital became a coronavirus focal point in the third week of March, highlighting a lack of masks and even soap and bleach there, staff said.

As staff began to fall ill, hospital floor managers instructed healthcare workers not to use facemasks, which some had bought for themselves due to the lack of hospital equipment, seven workers told Reuters.

Pena Viveros said the hospital had been short of protective equipment as well as other materials to fight the coronavirus in March.

Health officials have not given a detailed explanation of why so many Monclova healthcare workers became infected.

Hospital workers are at greater risk of contracting the coronavirus if they do not wear protective equipment like facemasks and gloves. The N95 respiratory masks offer more protection from other people who are infected while more simple surgical masks help the wearer avoid spreading the virus.

Due to a lack of proper N95 masks, some staff at the hospital were also wearing inappropriate industrial-style masks that were donated to them, Pena Viveros said.

The lack of N95 masks was later resolved, said Pena Viveros, who was sent by the head of the IMSS from Mexico City to investigate the Monclova hospital and spent a week there in early April. Staff say the hospital has more protective equipment now but that they still lack gear such as masks.

Three nurses said that while some colleagues chose not to wear facemasks after being told by managers or supervisors that they were not necessary, other staff kept wearing them.

NO “PANIC”

On the night of March 22, one of the heads of the nursing staff told a group of doctors and nurses gathered in the emergency room to take off their N95 masks because they were not necessary, according to a nurse who heard the order.

Another nurse, surnamed Hernandez Perez, was given a similar order by a deputy head of nursing a few days earlier.

“In a morning clinical class, the sub-head told us not to create panic…that we shouldn’t wear facemasks because we were going to create a psychosis,” said Hernandez Perez, who did not want her full name used. She is now at home sick and has tested positive for the COVID-19 respiratory illness caused by the coronavirus. A second nurse confirmed Hernandez Perez’s account.

Reuters was unable to speak to two of the nursing managers who nurses say spoke at that meeting.

After media accusations that the Monclova hospital badly lacked equipment to deal with the virus, the head of the IMSS, Zoe Robledo, announced in early April that the director of the hospital had been temporarily replaced.

Neither the suspended hospital manager, Ulises Mendoza, nor the current hospital director answered repeated requests from Reuters for comment.

One nurse, who asked that her name not be used for fear of retaliation, said that during the second half of March she was repeatedly told by superiors not to wear a facemask while working in high-risk areas such as on the ground floor of the hospital, where the emergency room is located.

As well as the 51 confirmed cases, Pena Viveros said more than 300 other workers were temporarily sent home as the hospital scrambled to contain the outbreak.

He said the hospital contracted nurses and doctors from other facilities to address the personnel shortage, nevertheless the hospital’s ability to care for patients has been impeded, some staff said.

(Editing by Frank Jack Daniel, Daniel Flynn and Alistair Bell)

U.S. has most coronavirus cases in world, next wave aimed at Louisiana

By Maria Caspani and Daniel Trotta

NEW YORK (Reuters) – The number of U.S. coronavirus infections climbed above 82,000 on Thursday, surpassing the national tallies of China and Italy, as New York, New Orleans and other hot spots faced a surge in hospitalizations and looming shortages of supplies, staff and sick beds.

With medical facilities running low on ventilators and protective masks and hampered by limited diagnostic testing capacity, the U.S. death toll from COVID-19, the respiratory disease caused by the virus, rose beyond 1,200.

“Any scenario that is realistic will overwhelm the capacity of the healthcare system,” New York Governor Andrew Cuomo told a news conference. He described the state’s projected shortfall in ventilators – machines that support the respiration of people have cannot breathe on their own – as “astronomical.”

“It’s not like they have them sitting in the warehouse,” Cuomo added. “There is no stockpile available.”

At least one New York City hospital, New York-Presbyterian/Columbia University Medical Center in Manhattan, has begun a trial of sharing single ventilators between two patients.

While New York was the coronavirus epicenter in the United States this week, the next big wave of infections appeared headed for Louisiana, where demand for ventilators has already doubled. In New Orleans, the state’s biggest city, Mardi Gras celebrations late last month are believed to have fueled the outbreak.

Louisiana Governor John Bel Edwards said New Orleans would be out of ventilators by April 2 and potentially out of bed space by April 7 “if we don’t flatten the infection curve soon.”

“It’s not conjecture, it’s not some flimsy theory,” Edwards told a press conference. “This is what is going to happen.”

Nurse Tina Nguyen administers a nasal swab at a coronavirus testing site outside International Community Health Services in the Chinatown-International District during the coronavirus disease (COVID-19) outbreak in Seattle, Washington, U.S. March 26, 2020. REUTERS/Lindsey Wasson

About 80% of Louisiana’s intensive care patients are now on breathing machines, up from the normal rate of 30-40%, said Warner Thomas, chief executive of Ochsner Health System, the state’s hospital group.

Scarcities of protective masks, gloves, gowns and eyewear for doctors and nurses – reports abound of healthcare workers recycling old face masks, making their own or even using trash bags to shield themselves – have emerged as a national problem.

“Our nurses across the country do not have the personal protective equipment that is necessary to care for COVID patients, or any of their patients,” Bonnie Castillo, head of the largest U.S. nurses union, National Nurses United, told MSNBC.

In an ominous milestone for the United States as a whole, at least 82,153 people nationwide were infected as of Thursday, according to a Reuters tally from state and local public health agencies. China, where the global pandemic emerged late last year, had the second highest number of cases, 81,285, followed by Italy with 80,539.

At least 1,204 Americans have died from COVID-19, which has proven especially dangerous to the elderly and people with underlying chronic health conditions, Reuters’ tally showed.

MORE BEDS NEEDED

For New York state, Cuomo said a key goal was rapidly to expand the number of available hospital beds from 53,000 to 140,000.

New York hospitals were racing to comply with Cuomo’s directive to increase capacity by at least 50%. At Mount Sinai Hospital’s Upper East Side location, rooms were being constructed within an atrium to open up more space for beds.

At Elmhurst Hospital in New York’s borough of Queens, about a hundred people, many wearing masks with their hoods pulled up, lined up behind barriers outside the emergency room entrance, waiting to enter a tent to be screened for the coronavirus.

The city coroner’s office has posted refrigerated trucks outside Elmhurst and Bellevue Hospital to temporarily store bodies of the deceased.

Deborah White, vice chair of emergency medicine at Jack D. Weiler Hospital in the city’s Bronx borough, said 80% of its emergency room visits were patients with coronavirus-like symptoms.

A ventilator shortfall and surge in hospitalizations has already raised the prospect of rationing healthcare.

Asked about guidelines being drafted on how to allocate ventilators to patients in case of a shortage, New Jersey Governor Phil Murphy told reporters such bioethical discussions “haunted him” but were unavoidable.

Outside New York and New Orleans, other hot spots appeared to be emerging around the country, including Detroit.

Brandon Allen, 48, was buying groceries in Detroit for his 72-year-old mother, who has tested positive and was self-quarantining at home.

“It’s surreal,” Allen said. “People around me I know are dying. I know of a couple people who have died. I know a couple of people who are fighting for their lives. Everyday you hear of another person who has it.”

RECORD UNEMPLOYMENT CLAIMS

Desperate to slow virus transmissions by limiting physical contact among people, state and local governments have issued stay-at-home orders covering about half the U.S. population. A major side effect has been the strangulation of the economy, and a wave of layoffs.

The U.S. Labor Department reported Thursday the number of Americans filing claims for unemployment benefits last week soared to a record of nearly 3.28 million – almost five times the previous weekly peak of 695,000 during the 1982 recession.

Dr. Anthony Fauci, director of the U.S. National Institute of Allergy and Infectious Diseases, said warmer weather may help tamp down the U.S. outbreak as summer approaches, though the virus could re-emerge in the winter.

“We hope we get a respite as we get into April, May and June,” Fauci said on WNYC public radio.

Washington state Governor Jay Inslee said he may extend a stay-at-home order tentatively set to expire April 6, encouraged by what he called a “very modest improvement” in the Seattle area.

Washington experienced the first major U.S. outbreak of COVID-19 and has been among the hardest-hit states. As of Thursday the state reported about 3,200 cases and 147 deaths.

In California’s Coachella Valley, a region rife with retirees who are especially vulnerable, 25 members of the state’s National Guard helped a non-profit distribute food to people stuck in their homes, as most of the regular volunteers are senior citizens.

More than 10,000 troops have been deployed in 50 states to provide humanitarian aid during the pandemic.

(Reporting by Maria Caspani in New York and Daniel Trotta in Milan; Additional reporting by Gabriella Borter, Catherine Koppel, Lucia Mutikani, Doina Chiacu, Susan Heavey, Nathan Layne, Lisa Lambert, Michael Martina, Rebecca Cook, Barbara Goldberg, Rich McKay and Dan Whitcomb; Writing by Will Dunham and Steve Gorman; Editing by Howard Goller, Bill Tarrant, Cynthia Osterman and Daniel Wallis)