Judge dismisses nurses' request for emergency relief in suit accusing Georgia hospital of manipulating COVID-19 test results

A judge in Gwinnett County, Ga., dismissed four nurses' request for emergency injunctive relief in a lawsuit filed against Landmark Hospital of Athens (Ga.). The lawsuit alleges the hospital manipulated COVID-19 test results and created a public health risk. 

Four nurses sued the 42-bed hospital June 17, alleging improper COVID-19 testing and false reporting of results. The nurses claim they were instructed to take tracheal swabs and then send them to a lab that only tests nasal swabs. The swabs were allegedly rejected because the lab was unable to perform the COVID-19 tests on those types of specimens. 

Gwinnett Superior Court Judge Debra Turner dismissed the nurses' petition for emergency relief July 17 after a week-long investigation by the Georgia Department of Community Health determined the hospital is in compliance concerning nursing services and infection prevention and control related to COVID-19.

"Landmark Hospital of Athens is compliant with CDC guidelines when it comes to keeping our patients and staff safe," said Landmark Hospital of Athens CEO Marie Saylor in a news release. "We have always delivered top-notch care to our patients, and we are committed to continuing that high level of care."

The judge only dismissed the nurses' request for emergency injunctive relief on July 17. The hospital's motion to dismiss the nurses' other claims is pending and will be considered at a later date, the judge wrote in the order. 

Editor's note: This article was updated July 22. 

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