March 02, 2023

Children’s Health Defense Responds to Appellate Court Staying COVID Vaccine Mandate for New York State Health Care Workers

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Press Release

For Immediate Release

Rochester, N.Y. — The Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department, granted a stay on Monday that will keep New York’s COVID-19 vaccine mandate for healthcare workers in place during an ongoing case sponsored by Children’s Health Defense (CHD).

The stay temporarily halts a Jan. 13 decision by New York State (NYS) Supreme Court Judge Gerard Neri that struck down New York’s COVID-19 vaccine mandate for healthcare workers as null, void and unenforceable.

Gov. Kathy Hochul’s administration appealed Judge Neri’s decision on Medical Professionals for Informed Consent v. Bassett and asked for an emergency “stay” of the decision pending appeal. After deliberating for nearly a month, the stay was granted on the condition that the appeal is perfected on or before March 20, with oral arguments on the merits of the case scheduled for May 15.

“It is extremely unfortunate that the Governor and Department of Health are standing firm on their irrational healthcare worker COVID shot mandate that fails to stop disease spread in the midst of a severe healthcare worker shortage,” said Mary Holland, CHD president and general counsel. “The good news is that the Appellate Division will hear the case on an expedited basis, as early as May, and will resolve the issue.”

“The legal issues here are clear,” said Sujata Gibson, lead counsel working with CHD on the case. “Plaintiffs remain hopeful that justice will prevail when the Court considers this case on the merits.”

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