Brian White  |  January 22, 2021

Category: Covid-19

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The Nevada COVID-19 vaccine plan has been criticized for leaving out the elderly.

Nevada is leaving out senior citizens in their COVID-19 vaccination rollout, a developing class action lawsuit claims.

The complaint, which was filed Monday, argues Governor Stephen Sisolak and his administration set up a tiered system that leaves out older Nevadans. 

Daniel Itzhaki and Natalie Hetly, both over the age of 70, live in Clark County, Nevada. They claim despite data showing older folks were more at risk of dying from COVID-19, Gov. Sisolak chose to exclude those without underlying health conditions. 

The complaint claims that Governor Sisolak “deliberately and with an utter disregard for such empirical data, created an arbitrary and capricious Tier system that discriminates against a vulnerable and protected class of citizens.”

The state’s vaccination rollout divides those eligible for the COVID-19 vaccine into four groups. The first group, Tier 1, allows for mostly first responders and medical workers. In Tier 2, Nevada’s plan brings in more essential workers, including airport staff and morticians. Inmates are placed in this group, too, according to the complaint. 

Nevadans 65 years or older without underlying health conditions are eligible for the vaccine only beginning in Tier 3. 

Itzhaki and Hetly contend all senior citizens in Nevada should have priority access to the vaccine and argue denying it violates due process and equal protections provided by the Fifth and Fourteenth Amendments. They further allege Gov. Sisolak and Nevada’s Department of Health and Human Services are committing cruel and unusual punishment by denying seniors their COVID-19 shots.

The complaint argues the age alone should be a qualifying factor in getting priority status for the vaccine and points to data showing elderly folks are more likely to die if they get infected.   

Out of the some 3,500 Nevadans who have died from COVID-19 since March, more than 2,500 were over 70 years old and about 600 were between 60 and 69, according to the complaint. As of Jan. 11, when the complaint was filed, Nevada received 205,200 doses of the vaccine from the federal government, according to the Center for Disease Control and Prevention’s (CDC) vaccination data listed in the complaint.

Nevada so far has inoculated 2 percent of the population, according to the class action lawsuit, and have only used about 24 percent of the doses they have so far. About 21 percent of the state’s population is said to have been infected. 

“It is clear that distribution of the vaccine to the elderly population is the only option of protecting this age group, prolonging and preserving their lives, such that no other viable alternative method for achieving this interest exists,” Sigal Chattah, the attorney for the plaintiffs said in the complaint.

Top Class Actions is tracking current events relating to the COVID-19 pandemic and how they impact consumers. Read more about our continuing coverage on coronavirus related developments.

What do you think of Nevada allegedly restricting healthy seniors from getting vaccinated? Have you been vaccinated yet? Do you plan on getting a COVID-19 vaccine? Let us know in the comments below.

Counsel representing the plaintiffs in this class action lawsuit is Sigal Chattah of Chattah Law Group. 

The Nevada Vaccine Rollout Class Action Lawsuit is Itzhaki, et al. v. Sisolak, et al., Case. No. 2:21-cv-00052 in the U.S. District Court for the District of Nevada. 

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7 thoughts onNevada’s COVID Vaccine Plan Leaves Out Elderly, Class Action Lawsuit Says

  1. Stephen Phillips says:

    Have the underlying conditions
    66 yrs of age
    Emailed sisolak 3 times
    People I grew up with 50 yrs ago
    47yr nv resident
    R getting Vaccinations in Chicago 65+
    If he would of included more age
    Fed allotment would of been larger. He’s got the wrong team advising him
    I get he’s going for Hispanic vote. so he includes “zip code ” problems
    But he’s in over his head tough job
    Between unemployment benefits handling and Vaccinations he’s designated disbursement to wrong unqualified teams

  2. Bart Boulton says:

    ADD ME!
    Ive tried contacting governor’s office, on multiple occasions, to share these same concerns online and also the immunize Nevada task force. Both have fallen on fall on deaf ears. Even explained I was over 65, lifelong asthmatic.
    Personally know of retired fire fighters and spouses getting vaccines, stay home CCSD Administrators and house cleaners for Nevadas governmental big wig.
    This plan is mayhem, everybody for themselves and our governor is not looking out for all 65+ year olds.

  3. Janice Florey says:

    I believe 65+ seniors should be moved up in the vaccine lanes with the 70+. The Biden/Harris Covid 19 document encourages that 65+ should be vaccinated beginning in early February. Please refer to the document–Executive Summary (page 9) and entire document (page 40). For eight months we complained that there was no federal leadership at the top. Now we have federal leadership, a comprehensive document, and an outstanding COVID 19 team. If we are asking for more vaccine, additional help, etc. then we need to follow the information in the most recent document that has been sent to all state COVID administrators.

  4. Unk says:

    I personally am a essential worker in NV with an immune deficiency and have not been contacted for the vaccine.
    But I do have inside knowledge that people who “know people” were given the vaccine. Not right or fair.
    I don’t mind waiting for seniors… but not for cheaters.

  5. Howard Meadows says:

    Please add me

  6. Christine Sheridan says:

    class action suit in Oregon? Seniors behind teachers

  7. Patricia Schmitt says:

    Add me, please.

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