DEC
15

Episode 3: Ouchy, That Hurt!

Standard of Care Podcast


 

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Episode 3: Ouchy, That Hurt!

On this episode of the Standard of Care Podcast, Nick and Samantha roll up their sleeves and discuss the legal impacts of the new COVID-19 vaccine on the EMS workforce. Can an employer mandate that employees receive the vaccine? What is the impact on medical accommodations under the Americans with Disabilities Act (ADA) and religious accommodations under Title VII of the Civil Rights Act of 1964? Are employees potentially covered by workers’ compensation if the vaccine causes injuries? Will advances in science change the way that laws are applied? Please like, comment, and subscribe!

 

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Show Notes / Links

EEOC, Enforcement Guidance on Reasonable Accommodation and Undue Hardship under the ADA: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada
EEOC, What You Should Know: Workplace Religious Accommodation: https://www.eeoc.gov/laws/guidance/what-you-should-know-workplace-religious-accommodation
EEOC, Pandemic Preparedness in the Workplace and the Americans with Disabilities Act (2009 guidance, updated March 2020 in response to COVID-19): https://www.eeoc.gov/laws/guidance/pandemic-preparedness-workplace-and-americans-disabilities-act
CDC, Roadmap to Implementing Pandemic Influenza Vaccination of Critical Workforce: https://www.cdc.gov/flu/pandemic-resources/pdf/roadmap_panflu.pdf
OSHA, Standard Interpretations, OSHA's position on mandatory flu shots for employees: https://www.osha.gov/laws-regs/standardinterpretations/2009-11-09
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DEC
07

Episode 2: Ouchy, That Hurt!

Standard of Care Podcast


 

Logo Navy Green Blog

Episode 2 - Inconceivable

Following up on the last episode, and further exploring why people sue, Nick and Samantha take a look at two lawsuits recently filed in Philadelphia, Pennsylvania. Mario Bianchi and Joseph Nocero both died in incidents that occurred two months apart when both attended Philadelphia Eagles games at Lincoln Financial Field. Their deaths are allegedly a result of the poor medical response by National Event Services, the on-site EMS provider. We provide a short refresher on negligence and wrongful death claims, and discuss how paramedics and EMTs who are working events can protect themselves against liability. Please like, comment, and subscribe!

 

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Show Notes / Links

Maurizio Bianchi, Administrator of the Estate of Marco Bianchi, Deceased, in his own right and on behalf of said Decedent’s Next-of-Kin and Heirs-at-Law and Alex Bianchi v. The Philadelphia Eagles, Lincoln Financial Field, National Event Services, Inc. and the National Football League

Court of Common Pleas, Philadelphia County, Pennsylvania. Filed August 20, 2020.

Court documents may be searched and purchased by the public here: https://fjdefile.phila.gov/efsfjd/zk_fjd_public_qry_00.zp_disclaimer?uid=IhqFBo_MxIolqsSYDxam&o=RmwQuYufRxozKg8

Rose, Kennedy. “Philadelphia Eagles Hit with Wrongful Death Lawsuit over Fan's 2019 Heart Attack.” Bizjournals.com, 1 Oct. 2020, www.bizjournals.com/philadelphia/news/2020/10/01/wrongful-death-suit-filed-eagles-contractor-linc.html?ana=e_ae_prem (discussing Bianchi case)

Melissa Nocero, Individually and as Administratrix of the Estate of Joseph Nocero, Deceased v. National Event Services, Inc. a/k/a d/b/a NES Services, Inc., Dr. John/Jane Doe, Doylestown Health, Doylestown Hospital, Doylestown Health Physicians, Kristy L. Scheiring, D.O., Doylestown Health Cardiology, Robert Grabowski, M.D., and Doylestown Health Primary Care Court of Common Pleas, Philadelphia County, Pennsylvania. Filed October 13, 2020.

Court documents may be searched and purchased by the public here: https://fjdefile.phila.gov/efsfjd/zk_fjd_public_qry_00.zp_disclaimer?uid=IhqFBo_MxIolqsSYDxam&o=RmwQuYufRxozKg8

McCarthy, Erin. “Months after an Eagles Fan Died during a Game, His Grieving Family Still Has Unanswered Questions.” https://www.inquirer.com, The Philadelphia Inquirer, 10 Feb. 2020, www.inquirer.com/eagles/philadelphia-eagles-fan-dies-patriots-game-emt-response-20200210.html (discussing Nocero case)

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