Saturday, June 12, 2021
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A federal judge just ruled against over 100 Houston hospital workers who will be fired if they don't get the COVID-19 vaccine
Getty Images/Brandon Bell
- A federal judge threw out a lawsuit filed by over 100 Houston Methodist employees.
- The workers alleged the hospital's COVID-19 vaccine mandate forced them to be "human guinea pigs."
- The judge said the workers were not being forced or coerced to take a vaccine.
- See more stories on Insider's business page.
A federal judge tossed out a lawsuit from more than 100 hospital employees who sued Houston Methodist over its policy requiring all staff to be vaccinated against COVID-19.
The workers alleged in their lawsuit that the hospital was "forcing its employees to be human 'guinea pigs' as a condition for continued employment." They also accused the hospital of violating the Nuremberg Code of 1947, likening the vaccine mandate to Nazi medical experimentation on concentration camp prisoners.
US District Judge Lynn Hughes was not sympathetic to either argument, writing in his order of dismissal Saturday evening that none of the employees were forced or coerced to take the vaccine. He also noted that the hospital cannot violate the Nuremberg Code because it is a private employer, not a government.
"Equating the injection requirement to medical experimentation in concentration camps is reprehensible," Hughes wrote. "Nazi doctors conducted medical experiments on victims that caused pain, mutilation, permanent disability, and in many cases, death."
He added that the workers were free to accept or reject a vaccine and that they would "simply need to work elsewhere" if they chose the latter.
"If a worker refuses an assignment, changed office, earlier start time, or other directive, he may be properly fired. Every employment includes limits on the worker's behavior in exchange for his remuneration," Hughes wrote. "That is all part of the bargain."
The lawyer representing the hospital staff, Jared Woodfill, told Insider in a statement he intends to appeal the ruling to a federal appeals court and to the US Supreme Court if necessary.
"This is just one battle in a larger war to protect the rights of employees to be free from being forced to participate in a vaccine trial as a condition for employment," Woodfill said. "Employment should not be conditioned upon whether you will agree to serve as a human guinea pig."
The hospital has already suspended 178 workers who have missed the vaccine deadline
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Houston Methodist made national headlines earlier this year when it announced it would require its 26,000 employees to be fully vaccinated against the coronavirus by June 7.
"Those who are not vaccinated by that date face suspension and eventual termination," the hospital said in a FAQ page published in April.
The hospital's policy also contained exemptions for workers with sincerely held religious beliefs and certain medical conditions, including pregnancy.
Since then, the hospital system has suspended 178 workers who didn't meet the vaccination deadline. They will be fired if they aren't vaccinated by June 21.
The lawsuit called the COVID-19 vaccines "experimental," and noted that none have been granted full approval by the US Food and Drug Administration.
The FDA has granted "emergency use authorization" to the three major vaccines: Pfizer-BioNTech, Moderna, and Johnson & Johnson.
Each of the vaccines have undergone rigorous clinical trials involving tens of thousands of participants. Pfizer and BioNTech have already applied for full approval of their vaccine and Moderna has announced plans to apply soon.
In a statement to Insider, Houston Methodist's president and CEO, Dr. Marc Boom, praised the hospital system's 26,000 employees who received the vaccine.
"Our employees and physicians made their decisions for our patients, who are always at the center of everything we do," he said. "We can now put this behind us and continue our focus on unparalleled safety, quality, service and innovation."
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5 states pose a barrier to Biden's vaccine goals because they've so far vaccinated less than half of their population
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- Five states have not given at least one COVID-19 vaccine to half their population, according to CDC data.
- This poses a challenge to President Joe Biden, who wants 70% of Americans partially vaccinated by July 4.
- Currently, more than 64% of Americans have received at least one dose and about 43% are fully vaccinated.
- See more stories on Insider's business page.
Five states - Alabama, Louisiana, Mississippi, Tennessee, and Wyoming - have not yet administered at least one dose of COVID-19 vaccines to half of their residents, according to CDC data, posing a roadblock to the Biden administration.
As The Associated Press first reported Saturday, the worst vaccination rate in the country is in Mississippi where just about 36% of the state population has received at least one dose of the COVID-19 vaccine.
The Centre Daily Times reported Saturday that officials in Mississippi have in recent months turned away more than 870,000 doses of the COVID-19 vaccine from the federal government due to waning demand from state residents. Unwanted doses have gone to other states and into a national pool, according to the report.
As The Hill noted, vaccine hesitancy poses a roadblock to President Joe Biden's goal of getting 70% of Americans at least partially vaccinated by Independence Day, which is just about three weeks away. The White House announced the goal at the beginning of May when it announced the further allocation of federal resources to ramp up vaccinations.
According to data from the CDC, vaccine administration peaked in the US in April and has steadily declined since.
About 36% of the population in Alabama has received at least one dose of the vaccine. Dr. Karen Landers, Alabama's deputy health officer, told the Associated Press that the state would not reach the president's target but said "that does not deter us from encouraging people to get the vaccine."
Just over 40% of people in Tennessee are at least partially vaccinated against COVID-19, according to state data.
According to the CDC, 52% of all people in the US have received at least one dose of a COVID-19 vaccine. Just under 43% of Americans are fully vaccinated against the disease.
States across the US have introduced vaccine lotteries, gun giveaways, free beer, and other incentives to encourage their residents to get vaccinated.
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G7 Summit: PM Modi Shares Mantra Of 'One Earth, One Health'; Calls For Global Unity To Combat Covid
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Even if the coronavirus did leak from a Wuhan lab, that wouldn't necessarily mean it was engineered
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- It's unlikely, but not impossible, that the coronavirus leaked from a Wuhan lab.
- US officials and public-health experts have called for further investigation of the possibility.
- But even if a leak did happen, that wouldn't necessarily mean the virus was engineered in a lab.
- See more stories on Insider's business page.
Two weeks ago, President Joe Biden asked the US intelligence community to redouble its efforts to find out how the pandemic started: Did the coronavirus jump from animals to people, or did it leak from a Chinese lab?
Any investigation of a potential lab leak - the possibility that a lab worker got infected then spread the virus to other people - must in turn consider two options. One is that a worker was exposed to a raw virus sample collected from bats or other animals, while the other is that the virus was genetically engineered. The evidence for either option remains sparse, so the whole notion is still considered highly unlikely.
So far, much of the discourse about the lab-leak theory has centered on the latter idea: that researchers in Wuhan modified the virus before it escaped a lab. A recent Wall Street Journal op-ed even pointed to one particular piece of the coronavirus' genome as evidence of scientific manipulation. Confirming that the virus was manipulated would, of course, show that it came out of a lab.
But the opposite isn't true: Even if the virus didn't undergo any laboratory manipulation, that wouldn't rule out a lab escape.
A 'smoking gun'?
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The starting point nearly all scientists agree on in this debate is that two known bat coronaviruses are a 96% and 97% match for the coronavirus' genetic make-up. A recent study suggests another virus found in bats from southern China could be an even closer relative.
But since scientists have yet to find a bat population harboring an exact match, a lab leak can't be definitively ruled out.
Those who consider the lab theory to be unlikely are quick to point out that the coronavirus's genetic code has no tell-tale hallmarks of being engineered. A March 2020 study analyzed the virus' DNA and concluded that it "is not a laboratory construct or a purposefully manipulated virus."
However, the people who do think the coronavirus might have been engineered focus on a few particular areas of its genome.
Steven Quay, founder and president of biopharmaceutical company Atossa Therapeutics Inc., argued in the Wall Street Journal that investigators should look closely at a part of the coronavirus' spike protein that cleaves in half in order to prep the virus to enter human cells.
Many viruses use an enzyme that chops them up into smaller pieces to help them better invade cells. Different viruses use a variety of types of chops, and some work better than others. One particular chop is called the furin cleavage site. If the virus splits right here, Quay argues, it becomes "supercharged." The new coronavirus' closest known relatives do not have this site, but other coronaviruses have it, and research suggests it can arise naturally.
Quay told Insider, however, that 11 labs around the world "have purposefully put in a furin site to make a virus more infectious."
One of those labs, he said, is the Wuhan Institute of Virology (WIV), where researchers studied bat coronaviruses before the pandemic. Some of that work involved tweaking viruses to make them more lethal and infectious as a way to anticipate future pandemics - what's called gain-of-function research.
David Baltimore, a Nobel Prize-winning biologist, has called the coronavirus' furin cleavage site a "smoking gun" for the lab-leak theory. He told journalist Nicholas Wade last month that the site's presence in the coronavirus poses a "powerful challenge to the idea of a natural origin."
However, Baltimore has since walked back that comment, saying Wade took his quote out of context.
Efficient human-to-human transmission
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Quay also points to the coronavirus' highly infectious nature as evidence that it could be man-made.
"Natural viruses don't support human-to-human transmission from the beginning," he said.
Former CDC director Robert Redfield, too, has said the virus could have gotten better at infecting people in a facility like the WIV.
"Most of us in a lab, when we're trying to grow a virus, we're trying to make it grow better," Redfield told CNN in March.
Indeed, scientists sometimes introduce viruses to human cells in a lab over and over again to see if the virus will evolve to become better at infecting those cells.
"But there's a limitation to that approach if your intent is evil," John Doench, a scientist at the Broad Institute of MIT and Harvard, told Insider. "Because the virus is only getting good at what you asked it to do - infecting cells in a dish."
It's another thing, he said, for a virus to do that effectively in the human body, which is protected by the immune system - a luxury not afforded to lab-cultured cells.
Anthony Fauci, director of the National Institute of Allergy and Infectious Diseases, has said he thinks it's more likely that the coronavirus got good at jumping between people while spreading "below the radar" in China in late 2019. Growing evidence suggests COVID-19 was spreading for weeks, if not months, before the first cases were reported.
That's probably what led the virus "to be pretty well adapted when first recognized," Fauci said in March.
Doench said he thinks observational bias may be leading people to incorrectly assume a lab leak is more probable than it really is.
"We're observing the one virus that did break through and cause and pandemic, not the billions of other viruses that failed to do so," he said.
A cancer cell that's incredibly efficient at spreading in the human body "may seem engineered," Doench added, but that's because we're not comparing it to the 40 trillion other cells that didn't turn into cancer.
Accidents do happen
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Those who think the coronavirus might have jumped from an unaltered lab sample to a lab worker mostly cite past instances in which that exact thing happened. SARS, another coronavirus, has leaked from labs four times: in Taiwan, Singapore, and China. In 2004, two researchers in Beijing got infected with SARS and passed it to seven other people.
Three years ago, US officials visiting Wuhan sent a pair of memos to the State Department warning of inadequate safety measures there. And a report obtained by the Wall Street Journal suggested three WIV staff were hospitalized with "COVID-like" symptoms in the fall of 2019.
However, it's possible the virus had already started to spread in the city by then, and the World Health Organization team that visited Wuhan to investigate the pandemic's origin said it was satisfied with the WIV's safety protocol.
Peter Ben Embarek, a scientist specializing in animal disease who was on that WHO trip, said it's natural to speculate about a link between one of the labs in Wuhan and the coronavirus outbreak there.
Hector Retamal/AFP via Getty
"Even the staff in these labs told us that was their first reaction when they heard about this new emerging disease, this coronavirus: 'This is something coming out of our labs,'" Ben Embarek said in March.
But the WIV seems to have made rigorous changes since the State Department memos, and Ben Embarek said it now houses a "state-of-the-art lab."
That's part of the reason his WHO team thinks it's "very unlikely that anything could escape from such a place."
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Goldman CEO David Solomon releases charity single called 'Learn to Love Me' as part of his electronic-dance side project
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- Goldman Sachs CEO David Solomon has released a new single, with proceeds going to charity.
- The single comes days before the company's expected return to the office.
- The bank chief, who sometimes uses the name "DJ D-Sol," posted the song on his Instagram account.
- See more stories on Insider's business page.
David Solomon, the CEO of Goldman Sachs, dropped a new single as part of his dance-music side project. The bank chief, who has been known to spin tunes under the name "DJ D-Sol," posted the song on his Instagram account on Friday.
It comes as employees prepare to return to the office on June 14. Sources told the New York Post that Soloman may be trying to send employees an underhand message with the title of the song: "Learn to Love Me."
A Goldman spokesperson told the outlet: "David enjoys producing music, and he is dedicated to giving back. All proceeds from his releases go to benefit charity, specifically those committed to the battle against addiction and those in need as a result of the COVID-19 pandemic."
In February, Solomon made clear that he wanted staff back in the office, as Insider's Reed Alexander reported. "This is not a new normal," Solomon said.
The company has come under fire in recent months after a leaked survey exposed conditions that were described as "inhumane." In the survey, 13 first-year analysts in the US described declining health, 100-hour work weeks, and a lack of sleep.
Bosses at Goldman sent snack boxes to London bankers in response to the survey. One employee told The Guardian that the bank should be doing more for the junior bankers who have to work grueling hours, however.
Insider's Anna Cooban and Kate Duffy recently reported that the investment bank was seeking to know how many employees have been vaccinated, per a memo first viewed by The New York Times' Dealbook newsletter. The bank gave staff a deadline of 12 p.m. Thursday to report their vaccination status.
The bank has made it mandatory for staff to submit their vaccination status on an app. According to the Times, it said it "strongly encourages" getting vaccinated, but said the choice "is a personal one."
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I had the poshest afternoon tea at London's oldest hotel. Here's what it was like, and how the very English tradition has changed post-COVID
Kate Duffy
- I went to Brown's Hotel, the oldest and one of the fanciest hotels in London, for afternoon tea.
- Queen Victoria, Theodore Roosevelt, and Agatha Christie were among the big names who dined here.
- Afternoon tea has gone through some changes post-COVID. Here's how it's served differently.
- See more stories on Insider's business page.
Brown's
Brown's Hotel, which was first built in 1837, is London's oldest hotel, surviving two world wars and now COVID-19.
The hotel has 33 luxury suites, 82 hotel rooms, a restaurant, bar, spa, gymnasium, and drawing room where afternoon tea is served.
Compared to other London hotels which offer afternoon tea, including The Ritz and The Savoy, Brown's is more casual, hotel tea manager Karol Kurowski told Insider.
The room designs at Brown's have barely changed since nearly 200 years ago
Brown's Hotel
The rooms have hardly changed since the hotel was built in 1837, Kurowski said.
The Drawing Room for afternoon tea had wood panelling on the walls, cosy armchairs and sofas, and antiques and artwork dotted around the fireplace and window ledge.
A pianist played a majestic, black, grand piano in the Drawing Room, performing a range of songs from "Lean On Me" by Bill Withers to "River Flows In You" by Yiruma.
I sat in Agatha Christie's seat where she used to enjoy afternoon tea at Brown'sKate Duffy
Queen Victoria, Queen Elizabeth, Prince Charles, and Princess Diana are among the royals who visited Brown's.
Leaders such as Theodore Roosevelt, Winston Churchill, and Napoleon III also enjoyed what delights the hotel had to offer.
Writer and journalist Rudyard Kipling spent his final days at the hotel before falling ill and passing away in hospital. Agatha Christie spent her time sat in the chair which I'm pictured in above, writing novels and enjoying her favorite coronation chicken sandwiches.
Brown's believes that the Drawing Room was the inspiration for Christie's "At Bertram's Hotel."
But it was The Duchess of Bedford, lady in waiting to Queen Victoria, who kicked off the afternoon tea tradition. In the early 19th century, people only had two meals a day; one at breakfast and one at 8pm in the evening.
The Duchess started requesting a light meal and a pot of tea during the afternoon. Soon after, the practice of afternoon tea became fit for a queen.
The majority of Brown's guests come from the United States
Kate Duffy
Brown's Hotel's largest customer base is from the US. Many Americans who stop in the hotel choose to experience the quintessentially British afternoon tea at least one time in their stay, tea manager Kurowski said.
This means that the hotel lost most of its customers during the pandemic.
It closed in each of England's three lockdowns and was able to open its doors again on May 17th when hotels in the country were allowed to reopen.
Although Brown's is seeing an increase in the number of guests, Kurowski said staff are looking forward to when full international travel kicks in and COVID-19 restrictions ease, encouraging more people to fly to the UK.
Brown's had to change how it operated and introduced new innovations to keep the hotel COVID-safeKate Duffy
Like many restaurants and hotels, Brown's has had to adapt to a more hygienic and COVID-safe way of working.
The sugar cubes in a small bowl on the table are now packaged up individually in plastic, so there's no chance of someone touching your sugar before you pop it into your teacup.
A small card with a QR code links you to the menu when you scan it with your smartphone, replacing the ordinary menu as we know it. Queen Victoria must have turned in her grave.
This was the menu that Brown's gave to their guests pre-pandemicKate Duffy
After walking in the footsteps of famous historical figures in a traditional English drawing room, it's strange to be met with a modern tech feature like a QR code.
The menu takes you through the history of the hotel and afternoon tea before listing all the teas, food, and champagne. Brown's also offers a full vegan menu and a kids' menu which has a range of herbal teas to choose from.
The waiter gave me a small bottle of hand sanitizer when I sat down at the tableKate Duffy
Further safety measures at Brown's include sanitization of the rooms and guests' hands.
Like every hospitality facility in the UK at the moment, face masks are mandatory for staff and the customers, until they are sat down. I was handed a small bottle of hand sanitizer spray containing rosemary and lavender which, unlike other potent hand sanitizers, smelt divine.
Kurowski said Brown's staff had to wear gloves when the hotel was open between the three lockdowns but now that's unecessary. They are also tested twice a week to check they're negative for COVID-19.
There's also a 30 minute gap inbetween each restaurant and hotel room booking, giving staff enough time to sanitize the area before the next guests arrive, Kurowski said.
First, I was served Moët champagne, hot tea, and sandwiches on a Victorian tea-stand
Kate Duffy
After clinking our glasses of Moët & Chandon champagne, Kurowski brought over two plates of sandwiches on a Victorian silver tea-stand.
The tea came in three traditional silver pots — two for the tea itself and one for the milk.
Scones used to sit on the empty plate in the middle of the tea stand, but now Brown's keep the scones warm and serve them later with the rest of the cakes, Kurowski said.
The atmosphere was cosy, calm, and relaxing with the tinkling of the piano keys in the background.
Here's a close-up of the five different sandwichesKate Duffy
From the left, the selection included smoked coronation chicken, beef with horseradish mayonnaise, cucumber and cream cheese, smoked salmon and dill, and prawn cocktail.
Each sandwich slither had a different type of bread and was freshly made in Brown's kitchens.
The coronation chicken sandwich was apparently Agatha Christie's go-to sandwich, Kurowski said.
Brown's offer 25 different kinds of tea. The first tea I tried was called Afternoon Blend
Kate Duffy
Afternoon blend, made with Assam tea, was served alongside the sandwiches. This type of tea, which comes from India, was refreshing and complimented the food.
A similar type of tea to the Afternoon blend is the light and invigorating Darjeeling, Queen Victoria's favorite. Queen Elizabeth's first choice was Earl Grey, according to Kurowski, whereas Churchill preferred a Lapsang tea, he said.
After finishing the sandwiches, Kurowski poured me a cup of Oolong tea. Originating from China, this rich, dark brown-coloured tea had a smooth, smoky taste.
After the sandwiches, I was served cakes and scones with jam and clotted creamKate Duffy
After a top up of champagne, another tea-stand arrived, this time with sweet treats.
Five small patisserie cakes sat on the top plate, four scones were on the second plate, and a pot of jam and another of clotted cream was on the bottom.
Don't be fooled by the small portions though — by the second scone, I was stuffed.
There were five different cakes to choose from on the top tier of the cake standKate Duffy
On the top plate, there was a chocolate and hazelnut tart, strawberry cake, lime and coconut cheesecake, chocolate and banana truffle, and a raspberry petit gateau.
Kurowski recommended to eat the chocolate and hazelnut tart last because of its richness.
The real question is: does the jam go on the scone first, or the clotted cream?Kate Duffy
The tradition says that the cream is spread on the scone first, and the jam goes on top, according to Kurowski. Jam first and then cream is the Cornish tradition from southwest England, he said.
Despite the British cream-jam debate, Kurowski said he's seen guests eat their scones in a strange way.
Some have put butter, as well as cream and jam on the scone, while others have sandwiched the two scone halves together like a burger and chomped away.
The third tea I tried was a Chinese Jasmine tea which changed flavor after five minutes
Kate Duffy
While I was munching away on the cakes, Kurowski poured a third tea for me to try. This one was called a Chinese Jasmine tea, which is classed as a green tea. It tasted fresh and floral but after five minutes, the flavor went bitter due to chemical changes in the tea.
I also tasted a Genmaicha green tea from Japan which had a more delicate taste.
The final tea I tried to finish off the whole experience was a black vanilla tea. This was a richer, sweeter tea which was the perfect end to a quintessentially British afternoon tea.
I even got to take home a goodie bag!Kate Duffy
Although the sandwiches, cakes and scones look small, they're quite filling! Kurowski kindly packaged up the remaining patisserie cakes so I could enjoy them at home.
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