CHARLESTON, W.Va. — Charleston Area Medical Center wants a Kanawha County circuit judge to dismiss a group of lawsuits filed by former workers who were let go for taking getting vaccination against Covid.
Last year, nine former CAMC employees, filed individual lawsuits against CAMC for firing them after CAMC announced in August 2021 that they would be requiring all of their employees to get vaccinated against COVID-19. They did however allow the employees to file for religious or medical exemptions. Those nine employees all filed for a religious exemption, in which they were denied and given no means to appeal the decision.
Kanawha County Circuit Judge Dave Hardy heard the motion in a Wednesday. He hasn’t yet ruled on the motion.
CAMC attorney Eric Kinder said the reason for the motion to dismiss was because of the protections under the Covid 19 Protection Act.
“Not withstanding any laws to the contrary, except for that’s provided by this article there is no claim against any person, business, healthcare facilities, healthcare provider, for loss, damage, physical injury or death arising from COVID-19, COVID-19 care or impactive care,” Kinder said at Wednesday’s hearing.
He also said the decision on whether or not the COVID 19 Job Protection Act applied to this case or not, was decided by the Intermediate Courts of Appeals for the case Melissa Bond vs. United Physicians Care, Inc. DBA Salem Family Healthcare when it was in front of the ICA. However, the case was remanded back to lower court because the plaintiff in the case appealed the motion, and a judge in Harrison County Circuit Court reversed the dismissal.
“The ICA decision was earlier in the year, but it was remanded back to circuit court in Harrison County, and reviewed, the motion to dismiss was on exactly this issue,” Kinder said. “Judge McCarthy denied it.”
Hardy said he wasn’t going to make a decision on whether to grant the motion to dismiss or not until McCarthy’s written order is filed.
Also at the court hearing, Hardy went over the order to consolidate the lawsuits for discovery purposes only.
Scott Evans, a lawyer representing the nine plaintiffs, said for now they want to keep the cases separate for trial.
“It gives me nine trials to hit it, and I’m not saying that it won’t come to the conclusion that I want to try them together,” Evans said.
Hardy ruled they would try them all together if they end up at trial.