Ochsner, Lourdes employees file lawsuit objecting to COVID-19 vaccine mandate

More than 80 employees at the two largest healthcare facilities in Lafayette — Our Lady of Lourdes and Ochsner Medical Center — have filed a lawsuit objecting to COVID-19 vaccine mandates. 

The employees, an array of nurses, technicians and other staff, are asking for a temporary restraining order, which could halt the mandates from going into effect. 

The lawsuits, filed Monday by attorney Jimmy Faircloth in Lafayette Parish court, allege the 87 employees are being forced to "undergo vaccination for COVID-19 over their personal objections and in disregard of their uniquely well-informed understanding of the virus and treatment options." 

"At the end of the day, we believe these frontline workers have a clearly protected right; while Ochsner and Lourdes have no authority," Faircloth wrote in a news release. "Protecting employees from themselves and the public at large is not a lawful cause. In fact, it contradicts the individual right itself."

Lourdes said in a statement it values its team members and respects their rights. Its vaccine policy was adopted after considerable study and input from healthcare experts, spokesperson Elisbath Arnold said. 

"Service in the healthcare industry involves unavoidable risks and special obligations. We feel strongly that we have taken appropriate measures to meet those obligations and mitigate the risks associated with the pandemic," Arnold said. "Our Lady of Lourdes maintains its vaccination policy, which we believe to be consistent with the law and appropriate to the circumstances."

Ochsner said it was unable to provide a comment because it involved pending litigation. 

"Our employee vaccination policy, which was announced on August 24 following full FDA approval of the Pfizer COVID-19 vaccine, is moving forward as planned," spokesperson Patricia Thompson said in a release. "We stand firmly behind the science and data that demonstrates the safety and efficacy of COVID-19 vaccination.

"We continue to serve as a source of truth and provide ongoing resources, education and vaccine opportunities to our employees and the community."

As of Monday afternoon, there were 1,276 COVID-19 patients in Louisiana hospitals, 88% of whom were not fully vaccinated, according to the Louisiana Department of Health.

Ochsner announced its mandatory vaccine plan in August and employees must be fully vaccinated by Oct. 29, according to the lawsuit. Request for medical and religious exemptions must be submitted by Wednesday. 

The Franciscan Missionaries of Our Lady Health System, which owns Our Lady of Lourdes also announced its plan in August requiring providers and residents to be vaccinated by Oct. 31 and all other staff and volunteers must be vaccinated by Nov. 30. Medical and religious exemptions are allowed but a specific deadline was not provided, according to the lawsuit. 

The announcements came after the FDA gave its full approval of the Pfizer-BioNTech COVID-19 vaccine.

After Lourdes announced its requirement, anti-vaxxers protested on the hospital's campus. The hospital's Chief Medical Officer, Dr. Henry Kaufman, said in a news conference the "science is heavily weighted for the benefit of vaccination."

"It is with the highest regard of the safety of our team members and patients that we have a vaccine mandate," he said at the time. "The mandate will stand. We will not waver, and we will continue to lead by example."

‘We will not waver’: Our Lady of Lourdes responds to anti-vax protests

The lawsuits argued a temporary restraining order is needed so that a judge can decide if the hospitals' requirements interfere with employees' "fundament right to decide whether to receive or refuse medication."

Neither makes an exception for those who have recovered from the virus, according to the lawsuit. 

The lawsuits allege that the hospitals were using the vaccine mandates as a way to be "role models in the community." 

"Protecting the 'long-term community well-being; is the role of public officials and public policy-makers, not private employers," Faircloth wrote in the lawsuit filed against Lourdes. 

The lawsuit also claimed Ochsner "employs the use of stigma and ridicule to drive the mandate" requiring those who are not vaccinated to wear a KN95 mask until they are fully vaccinated and requiring vaccinated employees to wear a proof of vaccination sticker on their ID badge. 

Faircloth said in the lawsuit an objection was sent to the hospitals asking them to withdraw their mandates but when they didn't, litigation was filed. 

Contact Ashley White at adwhite@theadvertiser.com or on Twitter @AshleyyDi.