Coronavirus: Nurses file lawsuits against New York state over lack of PPE and staff training

New York’s largest nursing union claimed workers and communities have been failed during the pandemic

Nurses in New York have challenged the ‘compromised health and safety’ of healthcare workers during the coronavirus pandemic with lawsuits against the state and two hospitals.

The New York State Nurses Association (NYSNA) on Monday filed lawsuits against the New York State Department of Health, Westchester Medical Center and Montefiore Medical Center.

The nursing union claimed on Monday that nurses working in ‘compromised’ and ‘unsafe’ conditions had allowed the virus to spread amongst members.

NYSNA also cited concerns over protective equipment, workplace safety, and training. In a statement, it alleged that “nurses have not received appropriate masks and carry out assignments in unsafe working conditions.”

Pat Kane, NYSNA Executive Director, said on Monday that: "More than seven in ten of our nurses are reporting exposure to Covid-19 and most are still untested. These lawsuits were filed to protect our nurses, our patients and our communities from grossly inadequate and negligent protections.”

"We cannot allow these dangerous practices to continue," added Ms Kane.

New York state’s largest nursing union has 42,000 members, according to the court documents. Almost 1,000 union members have been confirmed to have contracted the coronavirus, with 150 at Montefiore hospital alone.

Court documents also show that at least 84 NYSNA nurses have been hospitalised after contracting the virus at work, whilst six nurses are known to have died.

On Monday, the union sought an injunction against the New York State Department of Health (DOH) to enforce governor ​Andrew Cuomo's April 13 "directive" that each direct care nurse be given at least one N95 respirator daily.

“DOH’s actions have thus created a nuisance to public health, which, although acutely injurious to frontline nurses, has endangered the public at large,” the lawsuit filed against the DOH at Manhattan’s Supreme Court claimed.

Jonah Bruno, DOH director of communications, did not comment on the lawsuit but thanked New York health workers on Monday.

Meanwhile, the Westchester Medical Center lawsuit filed in the federal court for the Southern District of New York on Monday claimed that the hospital, where 3,000 registered nurses work, was a ‘war zone’.

The hospital denied claims that PPE is inadequate and that infected nurses were asked to return to work within the 14 days mandated by quarantine.

Montefiore Medical Center has not commented on the NYSNA claims.