Louisiana judge rejects lawsuit against Our Lady of Lourdes vaccination mandate

(The Center Square) – A Louisiana judge has dismissed a lawsuit against Our Lady of Lourdes Regional Medical Center in Lafayette that challenged the hospital’s COVID-19 vaccination employee mandate.

The lawsuit was brought by three dozen health care workers who objected to the hospital’s requirement they be fully vaccinated or face termination.

Judge Valerie Gotch Garrett of the 15th Judicial District Court rejected the complaint Thursday, ruling the policy had not harmed the plaintiffs because they had not yet been fired or denied any reasonable exemption.

“Once the policy is tested, then the Court can look at whether or not there has been irreparable harm,” she said.

The ruling allows the vaccination mandate to remain in place, while also allowing for a future challenge.

Our Lady of Lourdes Regional Medical Center is part of the Franciscan Missionaries of Our Lady Health System, one of the largest in Louisiana.

The hospital chain adopted a system-wide vaccine mandate Aug. 3. Doctors, physician assistants and nurses must provide proof of vaccination by Oct. 31 or face suspension without pay. If not fully vaccinated by Nov. 30, they will be fired, according to the policy.

Other hospital employees, as well as contractors, student clinicians and volunteers, are required to be fully vaccinated by Dec. 1.

The plaintiffs’ lawsuit also alleged the COVID-19 vaccine exemption process was unreasonably difficult, which could be a leading argument if the case resurfaces in coming months.

“The Lourdes Vaccination Mandate allows medical and religious exemptions, but does not provide a clear deadline for submission,” the lawsuit said. “Rather, the instructions are at best vague and at worst intentionally evasive to discourage use.”

The dismissal was the second rejected lawsuit against a hospital’s employee vaccine mandate.

Judge Thomas Frederick, also of the 15th Judicial District Court, ruled Sept. 23 a challenge brought by dozens of health care employees at Ochsner Lafayette General did not violate a “no cause for action” employment exception and cause the workers undue harm.

Frederick also said Ochsner Lafayette General is a private employer acting within its rights to impose a workplace policy and employment consequences for noncompliance.

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