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Washington Court of Appeals upholds dismissal of Confluence Health COVID-19 vaccine lawsuit

By Oscar Rodriguez, The Wenatchee World
Published: March 8, 2024, 7:35am

WENATCHEE — A Washington appeals court ruled in favor of a lower court’s decision to dismiss a lawsuit against Confluence Health for enforcing the state’s COVID-19 vaccine mandate.

In October 2021, Confluence Health enforced the state’s vaccine mandate for their healthcare workers, resulting in 23 resignations, 138 rejected exempted applications and 229 approved exemption applications.

A group of nearly 100 former Confluence Health employees lost their jobs as a result of the mandate.

The original lawsuit was filed in April 2022 but then dismissed March 2023 by Judge Brian Huber in Douglas County Superior Court. Steve Lacy, attorney for the plaintiffs, appealed Huber’s decision to the Court of Appeals Division III in April 2023.

The court of appeals filed Tuesday its decision, affirming Huber’s ruling, keeping the case dismissed.

In the decision, Judge Robert Lawrence-Berrey said “the former employees argue that Confluence violated clear public policy by terminating them rather than allowing them to engage in activity made criminal by the proclamation.

“The argument is nonsensical, and we reject it on its face.”

Confluence Health has, since the lawsuit was filed, revised its COVID-19 vaccination policy in February, allowing current or former employees with approved accommodations to apply for any open position they are qualified for.

Confluence Health declined to comment on the court of appeals’ decision.

A similar lawsuit is still active in Douglas County Superior Court. In it, Lacy argues that Confluence Health allegedly terminated the employment of staff because they refused to get a COVID-19 vaccination despite securing a religious or medical exemption.

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