The future disease burden of pandemic Covid-19 for individuals, communities, and society

The Environmental Claims Journal, on December 16, 2021, posted Dr. Robert A. Michaels' article entitled The future disease burden of pandemic Covid-19 for individuals, communities, and society. Click HEREto access the Journal's post on the Internet.

This article is also available for download as a pre-print at no charge on ResearchGate by clicking on the following URL:

https://www.researchgate.net/publication/357115538_The_Future_Disease_Burden_of_Pandemic_Covid-19_for_Individuals_Communities_and_Society

Below is the abstract of Dr. Michaels' article. 

Abstract

Pandemic Covid-19 has exposed tension between personal choice and public health policy. Vaccination has damped pandemic inertia in the U.S., but emergence of highly infectious variants such as delta and omicron has increased infection of fully vaccinated people. This worrisome trend justifies vaccine booster eligibility and access for all vaccinated people in a timeframe responding to waning protection.

In restricting booster eligibility, US FDA and CDC statements indicate failure to consider that SARS-CoV-2 might be persistent, meaning that it might remain dormant in immune-privileged “refugia” such as the central nervous system of previously infected people, even if their Covid-19 symptoms had been mild or non-existent. Opportunistic re-activation of dormant viruses can cause severe illness, as in childhood chickenpox producing adult shingles decades later.

External re-infection is unnecessary. Consistent with the “precautionary principle,” the overriding FDA and CDC public health priority should be to prevent as many SARS-CoV-2 infections as possible, not tolerate them, assuming optimistically that they will not impose major public health and associated economic burdens in the future.

We naturally have focused upon our tragic past losses. We also must focus upon the future, learning from Covid-19 to manage pro-actively the inevitable next pandemic.

The doctrine of res judicata prohibit a petitioner litigating an issue that could have been brought in an earlier proceeding

Citing Matter of Hunter, 4 NY3d 260 the Appellate Division opined that Plaintiff's claims for gender discrimination, hostile work environment, and retaliation under the New York State Human Rights Law [Executive Law §296] and New York City Human Rights Law [Administrative Code of the City of New York §8-107] were precluded in the instant action by the doctrine of res judicata because those claims could have been brought in her prior federal action, which alleged gender discrimination under 42 USC §1983. In addition, the Appellate Division noted that Plaintiff acknowledged  that her claim for disability discrimination is barred by the election of remedies doctrine, as she elected to first file a New York State Division of Human Rights complaint alleging disability discrimination.

Click HEREto access the Appellate Division's ruling in this action.

GOVTECH TODAY reports "NY Chief Information Security Officer Karen Sorady Retires"

On December 17, 20211, GOVTECH TODAY reported that after more than three decades of serving the state of New York in various information security roles, state Chief Information Security Officer Karen Sorady is leaving her post for retirement. 

Click here to READ MORE

Declining to appoint an applicant to a position in the public service

Appointing authority's determination not to appoint an applicant for a position in the public service sustained if not determined to be arbitrary and capricious or affected by an error of law.

Click HEREto access the determination of the Appellate Division

Evaluating implied rights of action with respect to litigation seeking a "private remedy"

In Ortiz v Ciox Health LLC, 2021 NY Slip Op 06425, the Court of Appeals answered the question presented in question in the negative.

The Court explained that "A plenary private right of action would be inconsistent with the statutory scheme and the requisite legislative intent for an implied private right of action is not present", concluding that no private right of action lies for violations of Public Health Law §18(2)(e) in this instance.

Click HERE to access the text of the Court of Appeals' decision.

Internal Revenue Service Webinar: Who is an Employee?

The Internal Revenue Service [IRS] will conduct a live webinar, Who is an Employee?, on December 16, 2021, at 1:00 ET.  

Click here to Registerfor this free webinar presented by the IRS Office of Federal, State and Local Governments.

Information in this webinar will help you determine which workers you should treat as employees.

Topics include:

• Common law employees
• Statutory employees
• Section 218 agreement for government entities
• Form SS-8

Appealing disciplinary penalties imposed on members of the New York State Bar

In Matter of Hallock, 2021 NY Slip Opinion 06937, the Court of Appeals addressed the Appellate Division's imposition of reciprocal discipline on appellants Larry Hallock and Mary Malerba [Appellants] for alleged misconduct committed before a federal district court judge, resulting in the suspension of Hallock from the practice of law for one year and of Malerba for six months.

The Court of Appeals held that "that the record from the foreign jurisdiction did not support the Appellate Division's finding that [Appellants] acted dishonestly and, accordingly," reversed and remitted the matter to the lower court in both cases.

Click HEREto access the text of the Court of Appeals' ruling in this action.