US Ebola nurse 'to take legal action' over confinement

[webfact]

US Ebola nurse 'to take legal action' over confinement

(BBC) A US nurse held in quarantine in New Jersey after treating Ebola patients in West Africa says she will challenge her confinement in a federal court.

Kaci Hickox said she was made to feel like a criminal after returning from Sierra Leone last Friday.

Her lawyer says the case has raised "serious constitutional and civil liberties issues".

The White House and mayor of New York have expressed concerns over new strict quarantine orders in several US states.

The new rules require a mandatory 21-day quarantine period for all health workers who have had contact with Ebola patients in West Africa and just returned to the US.

Full story: http://www.bbc.com/news/world-us-canada-29782389


-- BBC 2014-10-27

[Credo]

Quarantine is sort of a presumption of guilt.

It will be interesting to see how this turns out. Without having declared something like a national emergency, she could have a reasonably good case.

[Farma]

She and the aid organisations the volunteers work for should be the ones facing law suits for not quarantining their staff for a mandatory 21 days prior to allowing them to return to their home countries.

Maybe just maybe sending them back home so soon after treatiing infected patients is another way of the aid agencies trying to garner sympathy and solicit more aid.

[Ulysses G.]

A mandatory 21-day quarantine period for all health workers who have had contact with Ebola patients in West Africa and just returned to the US is just plain common sense, but the administration is fighting it. They pressured Governor Andrew Cuomo into reversing his order that doctors and nurses returning to be isolated for 21 days - the incubation period for the lethal pathogen that has killed nearly 5,000 in Guinea, Liberia and Sierra Leone. Political correctness run amuck.

Edited October 27, 2014 by Ulysses G.

[JDGRUEN]

No national emergency needs to be declared in such cases of confinement relative to a serious potentially life threatening disease... States, counties, and cities across the U.S. have public health laws that can be invoked to confine a person who has been exposed to communicable disease... She could have legally been locked in a jail cell. She should consult a seasoned lawyer who knows public health law before spouting off.

Of course I have said on another thread ... the State of N.J. did it poorly and much more reasonable actions could have been taken ... Quarantine is necessary but it doesn't have to be conducted by Neanderthals...

http://www.thaivisa.com/forum/topic/771013-new-york-doctor-tests-positive-for-ebola/page-5#entry8585688

http://www.thaivisa.com/forum/topic/771013-new-york-doctor-tests-positive-for-ebola/page-5#entry8586143

http://www.thaivisa.com/forum/topic/771013-new-york-doctor-tests-positive-for-ebola/page-5#entry8586733

Related article:

http://www.thaivisa.com/forum/topic/771013-new-york-doctor-tests-positive-for-ebola/page-5#entry8589570

Edited October 27, 2014 by JDGRUEN

[ozsamurai]

typical of the US. litigate first, don't worry about common sense

[JDGRUEN]

Apollo to the Moon (first time and back)

After Splashdown

21-Day Quarantine

The astronauts were required to stay inside the facility in medical isolation for 21 days. These extraordinary measures were a precaution against an uncertain threat of contagion. The moon proved to be barren of life so this post-flight procedure was dropped after the Apollo 14 mission.

http://airandspace.si.edu/exhibitions/apollo-to-the-moon/online/apollo-11/journey-home.cfm

[richard_smith237]

I see nothing wrong with this whatsoever...

Out of kindness she had placed herself in danger. IF she had contracted Ebola and passed it on to others in the US the question would have been why wasn't she quarantined.

IMO: she should have been quarantined before the flight to prevent placing those other passengers at risk.

[Credo]

Apollo to the Moon (first time and back) After Splashdown 21-Day Quarantine

The astronauts were required to stay inside the facility in medical isolation for 21 days. These extraordinary measures were a precaution against an uncertain threat of contagion. The moon proved to be barren of life so this post-flight procedure was dropped after the Apollo 14 mission.

http://airandspace.si.edu/exhibitions/apollo-to-the-moon/online/apollo-11/journey-home.cfm

The Apollo crew were hardly civilians and were most likely informed and agreed in advance to procedures.

[Mango Bob]

The governors of those states who require a mandatory 21-day quarantine period for all health workers who have had contact with Ebola patients has a right to protect the general public from this deadly disease. I would care less if it inconvenient for that nurse.

[JDGRUEN]

Apollo to the Moon (first time and back) After Splashdown 21-Day Quarantine

The astronauts were required to stay inside the facility in medical isolation for 21 days. These extraordinary measures were a precaution against an uncertain threat of contagion. The moon proved to be barren of life so this post-flight procedure was dropped after the Apollo 14 mission.

http://airandspace.si.edu/exhibitions/apollo-to-the-moon/online/apollo-11/journey-home.cfm

The Apollo crew were hardly civilians and were most likely informed and agreed in advance to procedures.

True - but public health laws that allow mandated quarantine predate the moon landing buy many many years... just ask Typhoid Mary. The concept that the government has the legal right to quarantine a person should have been known to any doctor or nurse and should not have come as a surprise . Most medical and nursing schools have a least some discussion on this in the public health aspects of their education. It is also discussed in American History books .. at least until Common Core came along.

[Credo]

There is no doubt that there are provisions for quarantining people. I don't know that there have been rules, regulations and guidelines set forth to determine that and I don't know that the relevant laws have been invoked to allow it. At this point, it is simply a rather capricious exercise used on some, but not used on others.

It needs to be done by, and under the guidelines of medical personnel, not politicians.

[Chicog]

A mandatory 21-day quarantine period for all health workers who have had contact with Ebola patients in West Africa and just returned to the US is just plain common sense, but the administration is fighting it. They pressured Governor Andrew Cuomo into reversing his order that doctors and nurses returning to be isolated for 21 days - the incubation period for the lethal pathogen that has killed nearly 5,000 in Guinea, Liberia and Sierra Leone. Political correctness run amuck.

In this case, Political showboating run amuck.

It would be ironic if all the politicians screaming for quarantine for health professionals, who need to be able to move in and out quickly, start bitching about the outbreak worsening because said health professionals couldn't respond to it because they were in the same politician's ill-founded quarantine.

Leave it to the experts.

Christie knows less about infectious diseases than he knows about traffic management.

Edited October 27, 2014 by Chicog

[Pomthai]

In my opinion, shes an idiot. A selfish one at that.

Its common sense to quarantine someone who might be harboring a deadly contagion. She volunteered - thus I think it safe to assume she knew what she was getting herself into.

If shes too stupid to know the risks, then shes a liability anyway and should still be locked up for the good of everyone else.

[zydeco]

On one hand, the Ebola epidemic is so serious that the entire world must send tens (hundreds?) of billions of dollars immediately to West Africa in order to protect ourselves. And send in every available physician and health care worker in the West who can get to the Ebola zone. Also send in the military and navy ships at every port. Can't hold back. Must give everything. Now.

On the other hand, Ebola is no big deal, almost impossible to be transmitted. No need for quarantines. Just a temp check every now and then. Go ahead and go bowling, ride the subway, dine out, and go for a run.

Which one is it?

[casualbiker]

I'm presuming as long as she is still getting paid and in reasonable conditions it's fair enough. But I also agree that it should be done BEFORE leaving the country of origin!

[rethaier]

Quarantine is sort of a presumption of guilt.

It will be interesting to see how this turns out. Without having declared something like a national emergency, she could have a reasonably good case.

"Quarantine is sort of a presumption of guilt. " It may be but it is also for the protection of the masses and if as nurse, she does not understand that, she ain't much of a nurse.

One of the requirements of a good nurse is compassion.

[ClutchClark]

Quarantine is sort of a presumption of guilt.

It will be interesting to see how this turns out. Without having declared something like a national emergency, she could have a reasonably good case.

Its a case of the public good takes precedent over the individual.

Quarantine is not a presumption of guilt. It is a presumption of illness.

Completely unrelated.

This nurse is giving Doctors Without Borders a bad reputation.

She is saying her desire to go out to dinner and movies is more important than the welfare of her community.

I do not have a very high opinion of this nurse.

Edited October 27, 2014 by ClutchClark

[ClutchClark]

I'm presuming as long as she is still getting paid and in reasonable conditions it's fair enough. But I also agree that it should be done BEFORE leaving the country of origin!

Sorry but I have zero trust in Liberia's Quarantine practices. Better she serve her time under US medical professional care.

[kamahele]

What you had here are two governors, one democrat and the other republican and both thinking of running for president, were playing to the uneducated fears of the public. Fears, created by the news outlets as fear sells and that raises revenue. The fact is that any person who is not symptomatic, does not need to be locked away. Measures such as requiring two daily temperature checks for 21 days or more while letting the medical worker stay at home with minimal outside contact, is more than sufficient. Here was a woman who had no fever and they basically arrested her without reading her her rights and locked her away. The way to stop Ebola from traveling to the USA is to stop the outbreak in Africa. If you jail the medical volunteers on their return, who will volunteer to help in Africa. These governors are helping to worse the problem.

[hawker9000]

typical of the US. litigate first, don't worry about common sense

Sadly too true. Legions of hungry lawyers, lacking the chops for any worthwhile litigation. looking for a Hail Mary score and/or 15-min of fame.

[billsmart]

I think this quarantine after showing an elevated temperature upon arrival in NYC was warranted.

I also think the quarantine for people traveling to Ebola hot-spots ought to be in that country and before they leave, and I think the quarantine should be paid for by the individual or their organization - such as Doctors Without Borders. It shouldn't have to be borne by the US public.

[ClutchClark]

The fact is that any person who is not symptomatic, does not need to be locked away. Measures such as requiring two daily temperature checks for 21 days or more while letting the medical worker stay at home with minimal outside contact, is more than sufficient. Here was a woman who had no fever and they basically arrested her without reading her her rights and locked her away. The way to stop Ebola from traveling to the USA is to stop the outbreak in Africa. If you jail the medical volunteers on their return, who will volunteer to help in Africa. These governors are helping to worse the problem

Once again, she is not under arrest. She committed no crime. She is being held in medical quarantine. Everyone needs to familiarize themselves with this distinction.

The Govt is taking measures to make sure that Africa's problem does not become America's problem.

Perhaps you had better study up on the Dr who returned and placed himself on "voluntary" quarantine but then went to a movie and rode the subway and exposed his girlfriend before you comment on how unnecessary being locked away is.

BTW, where are you a practicing physician?

[chuckd]

Only two states have quarantine regulation at this time, NJ and NY.

All she had to do was choose another state to enter the US. Quarantine avoided.

Edit for grammatical purposes.

Edited October 27, 2014 by chuckd

[ClutchClark]

Doesn't Illinois now have mandatory quarantine measures in place?

[JDGRUEN]

What you had here are two governors, one democrat and the other republican and both thinking of running for president, were playing to the uneducated fears of the public. Fears, created by the news outlets as fear sells and that raises revenue. The fact is that any person who is not symptomatic, does not need to be locked away. Measures such as requiring two daily temperature checks for 21 days or more while letting the medical worker stay at home with minimal outside contact, is more than sufficient. Here was a woman who had no fever and they basically arrested her without reading her her rights and locked her away. The way to stop Ebola from traveling to the USA is to stop the outbreak in Africa. If you jail the medical volunteers on their return, who will volunteer to help in Africa. These governors are helping to worse the problem.

The problem with just monitoring ... the person's condition can change in just a few hours... Look at the case of this Dr. Spencer... feels fine goes about his business - then doesn't feel fine - a relatively quick change and the time of infectiousness with Ebola cannot be determined down to a few minutes... One minute feverish and queasy - the next minute projectile vomiting....

I have proposed a whole different approach to the necessary quarantine and how to properly treat these Aid Worker Volunteers... and it involves raising their status and treating them quite well ... the links to my ideas are below...

I only wish by magic some of the governmental leaders could learn that there are alternatives to how to handle quarantine with just a little applied vision and turn the whole thing on its head...

Thinking about alternate ways of handling quarantine - thinking outside the box -- a positive approach.

http://www.thaivisa.com/forum/topic/771013-new-york-doctor-tests-positive-for-ebola/page-5#entry8585688

http://www.thaivisa.com/forum/topic/771013-new-york-doctor-tests-positive-for-ebola/page-5#entry8586143

http://www.thaivisa.com/forum/topic/771013-new-york-doctor-tests-positive-for-ebola/page-5#entry8586733

[JDGRUEN]

Doesn't Illinois now have mandatory quarantine measures in place?

All states have quite serious quarantine laws ... but I have not read that O'Haire / State of Illinois has invoked them for people landing there.

[chuckd]

Doesn't Illinois now have mandatory quarantine measures in place?

Apparently Illinois has instituted some quarantine regulations, including home quarantine, a few days ago.

That leaves only 47 states and the District of Columbia where entry might not involve quarantine.

http://abcnews.go.com/Health/york-doctor-ebola-quarantine/story?id=26431431

[JDGRUEN]

Nothing going on in NY/NJ ... just a nurse yelping about being inconvenienced .... move along now - nothing to see..

5-year-old boy being tested for Ebola in New York City

A 5-year-old boy who just returned from West Africa was transported to Bellevue Hospital Sunday with possible Ebola symptoms, according to law-enforcement sources. The child was vomiting and had a 103-degree fever when he was carried from his Bronx home by EMS workers wearing hazmat suits, neighbors said. “He looked weak,” said a neighbor. “He was really, really out of it.” The boy returned with his family from Guinea Saturday night and five members of the family were being quarantined inside their apartment, sources said.

http://nypost.com/2014/10/27/5-year-old-boy-being-tested-for-ebola-in-new-york-city/

[Jonmarleesco]

'Her lawyer says the case has raised "serious constitutional and civil liberties issues".' Versus public health issues, not exactly a Catch 22, is it?