Epstein Becker Green recently achieved a significant appellate victory for a health system client, affirming the legality of a hospital’s COVID-19 vaccine mandate.
During the COVID-19 pandemic, Oregon health care providers were mandated by the Centers for Medicare & Medicaid Services and the state of Oregon to obtain a COVID-19 vaccine or secure a valid exemption. The plaintiff challenged this mandate, alleging constitutional and state-law claims. The U.S. District Court for the District of Oregon dismissed the case with prejudice, a decision upheld by the U.S. Court of Appeals for the Ninth Circuit, marking a complete victory on the pleadings.
This win upholds the hospital’s ability to enforce health and safety measures in compliance with state and federal law, ensuring the continued protection of its workforce and patients. The decision also has broader implications for health care providers in the Ninth Circuit.
Results may vary depending on your particular facts and legal circumstances.
