U.S. court dismisses New York nurses' plea for COVID-19 protection
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[May 02, 2020]
(Reuters) - A U.S. District Court on
Friday dismissed a nurse association's plea against New York state and
two hospitals to provide safety equipment and adopt measures to stop the
spread of COVID-19 among its members, asking the parties to reach an
amicable agreement.
Last month, the New York State Nurses Association (NYSNA) sued the New
York Department of Health, Montefiore Medical Center and the parent
company of the Westchester Medical Center, saying the hospitals were
ignoring requirements that healthcare workers each receive an N95
respirator mask daily, and that the health department was not enforcing
it.
The Court said the parties are in a better position than the court to
reach a resolution, adding that the court lacks the authority to address
the nurse association's concerns.
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"Both sides presumably share the ultimate goal of maximizing protections
for healthcare workers on the front lines of the battle against a
vicious disease without compromising patient care," U.S. District Judge
for the Southern District of New York Jesse Fruman said in the
proceeding.
"The parties are plainly in a better position than either the Court or
an arbitrator to find the best ways to achieve that goal despite limited
resources and ever-changing circumstances," Fruman said.
The judge also asked the health department and the hospitals to take
swift action in addressing the nurses' requests. The state and two
hospitals had earlier said they were taking necessary actions to protect
the healthcare workers.
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![](../images/050220pics/news_a1.jpg)
Nurses at Montefiore Medical Center Moses Division hospital hold a
protest demanding N95 masks and other critical Personal Protective
Equipment (PPE) to handle patients during the outbreak coronavirus
disease (COVID-19) in the Bronx borough of New York City, New York,
U.S., April 2, 2020. REUTERS/Brendan Mcdermid
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The judge said that if the two sides fail to reach an amicable
resolution, they can expedite a court proceeding.
As of May 1, more than 164,000 people in the state have tested
positive for the respiratory disease COVID-19, with about 13,000
confirmed deaths from the viral illness.
(Reporting by Aakriti Bhalla in Bengaluru; Editing by Tom Hogue)
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