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Northwestern Medical Hospital in Chicago faces a lawsuit over allegedly firing a nurse over an email stating the hospital masks did not prevent COVID-19.
Plaintiff Lauri Mazurkiewicz says she worked at the hospital since Aug. 5, 2019. She states that in March 2020, patients with the coronavirus were starting to be treated at Northwestern Medical Hospital.
The plaintiff alleges that she was present while patients were being treated for the coronavirus, which made her more susceptible to contract the virus. She also states that she had a Particulate Respirator N95 face mask, which is reportedly more effective at preventing the contraction of the coronavirus than the masks the hospital distributed to their staff.
Mazurkiewicz argues that the hospital gave out less-effective face masks to their employees that were not more protective than N95 face masks.
In addition, the plaintiff maintains that the hospital mandated that their staff and employees wear the less effective masks that were given to them. The staff and employees were told that they could not wear the N95 masks, the lawsuit reads.
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On March 18, 2020, the plaintiff says she sent out an email to fellow employees and supervisors stating that the Particulate Respirator N95 masks were more effective than the ones that were distributed by the hospital.
On that same day, the plaintiff alleges that she sent out an email to her supervisors that she would be wearing a N95 face mask because it was more effective in preventing her from contracting the coronavirus. She says she sent out the email for the purpose of promoting public health.
The lawsuit states that the email exposed Northwestern Medical Hospital’s malfeasance and on March 19 2020, the plaintiff wore her Particulate Respirator N95 mask to work.
Mazurkiewicz claims that on the same day, she was terminated from her position at the hospital to prevent her from speaking out about the conditions of staff and employees at the hospital. In addition, the plaintiff says that she was fired for the purposes of quelling her speech.
“PLAINTIFF was terminated for warning employees, agents, and/or supervisors of DEFENDANT HOSPITAL that the distributed and mandated facemasks were unsafe,” the lawsuit against the hospital states.
The plaintiff says she was terminated because she wore a Particulate Respirator N95 mask to work when she was told by the hospital that she could not wear one.
Mazurkiewicz claims she was engaging in a protected activity when she reported unsafe work conditions to her coworkers and supervisors.
The coronavirus lawsuit states that, because she was terminated, she has suffered emotional and psychological damages, pain and suffering and lost wages.
Also, the plaintiff says that a judgment should be entered on her behalf for money in excess of $50,000 as well as additional relief that the court would seem fit.
The hospital terminated her because she attempted to disclose public corruption and wrongdoing, according to the lawsuit filed against the hospital. In addition, the plaintiff maintains that the defendants are liable for the actions they committed under the doctrine of respondent superior.
Many employees and companies are dealing with the coronavirus in different ways. For example, on March 17, Providence Kodiak Island Medical Center asked a federal judge in Alaska to prevent their employees from striking during the coronavirus pandemic.
The plaintiffs in that case are attempting to prevent a planned strike which was set to occur on March 20. According to the lawsuit filed against the union, the plaintiffs state that the Alaska Medical Employees Association has refused to withdraw notice of the strike.
The types of employees that were going to strike include registered nurses, nursing assistants, EKG technicians, pulmonary technicians, pharmacists, pharmacy technicians, surgical technicians, sterile processing technicians, patient sitters, unit secretaries, and lab assistants, all of which were supposed to strike on March 20.
Also, the American Federation of Government Employees has filed a class action lawsuit against the federal government, stating that they should receive hazard pay for the work they are doing to manage the outbreak of the coronavirus.
The plaintiffs in this class action say that they have been working in close proximity to people or objects that may be infected with the coronavirus since January 2020. The plaintiffs in this case work in various governmental positions, from prisons to a consumer safety inspector.
In related legal news, 50 million face masks purchased for the National Health Service (NHS) in the U.K. have been recalled due to safety considerations.
Mazurkiewicz is represented by Blake W. Horwitz and Jeffrey C. Grossich of The Blake Horwitz Law Firm.
The Coronavirus Hospital Class Action Lawsuit is Lauri Mazurkiewicz v. Northwestern Memorial Hospital, et al., Case No. 2020-L-003511, in the Circuit Court of Cook County, Illinois.
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