Judge shoots down union attempt to roll back Brigham and Women's flu shot policy: 7 things to know

A judge ruled in favor of Boston-based Brigham and Women's Hospital after nurses challenged the hospital's flu shot policy, according to The Boston Globe.

Here are seven things to know.

1. Suffolk Superior Court Judge Anthony Campo dismissed a lawsuit from the Massachusetts Nurses Association, which represents about 3,400 Brigham nurses, according to the report.

2. In his ruling, the judge said nurses did not have the legal standing to file a lawsuit questioning the legality of the flu shot policy, reports The Boston Globe.

3. The hospital's flu shot policy states employees must receive annual flu vaccines. There are exemptions for employees who refuse to get vaccinated for health or religious reasons. However, The Boston Globe reports employees who opt out of the policy must wear face masks around patients.

4. Late last year, Suffolk Superior Court Judge Robert Tochka denied a request from the MNA to immediately block the policy. In his ruling, the judge said, "MNA's speculative claim of potential harm to an unspecified number of unidentified nurses is not adequate to outweigh the risk of harm to the hospital, its employees, and its patients if there is an outbreak of the flu."

5. The union has taken issue with what they say is potential punishment for certain employees who don't comply with the policy. The hospital has said the policy "was implemented to ensure we provide the highest quality, safest environment for our patients, visitors and our employees."

6. Brigham spokesperson told The Boston Globe: "We are gratified that the court has affirmed our right to implement this policy." The union could still decide to appeal the ruling.

7. According to the report, nearly all Brigham employees (98 percent) — including 98 percent of nurses — received flu shots this season.

 

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