10 states sue Biden administration over COVID vaccine rule

COLUMBIA, Mo. – Ten states filed a lawsuit Friday to stop President Joe Biden’s COVID-19 vaccine mandate for federal contractors, arguing that the requirement violates federal law.

Attorneys general from Alaska, Arkansas, Iowa, Missouri, Montana, Nebraska, New Hampshire, North Dakota, South Dakota and Wyoming signed on to the lawsuit, which was filed in a federal district court in Missouri.

The states asked a federal judge to block Biden’s requirement that all employees of federal contractors be vaccinated against the coronavirus, arguing that the mandate violates federal procurement law and is an overreach of federal power.

“If the federal government attempts to unconstitutionally exert its will and force federal contractors to mandate vaccinations, the workforce and businesses could be decimated, further exacerbating the supply chain and workforce crises,” Missouri Attorney General Eric Schmitt, a Republican, said in a statement. “The federal government should not be mandating vaccinations, and that’s why we filed suit today – to halt this illegal, unconstitutional action.”

New Hampshire’s Republican Attorney General John Formella said in a statement that COVID vaccines are safe, effective and encouraged but that the benefits “do not justify violating the law.”

Biden has argued that sweeping vaccine mandates will help end the deadly pandemic, but Republicans nationwide have opposed the vaccination requirements and have threatened to bring similar legal challenges.

Another group of states led by Georgia announced Friday that they would file a similar federal lawsuit in that state to try to block the contractor requirements. Other states that Georgia Gov. Brian Kemp said are joining the case include Alabama, Idaho, Kansas, West Virginia and Utah, as well as South Carolina Gov. Henry McMaster.

The suit had not been filed when it was announced, and Georgia officials did not immediately provide a copy of the complaint.

“We will not allow the Biden administration to circumvent the law or force hardworking Georgians to choose between their livelihood or this vaccine,” Kemp, a Republican, said in a statement.

The Democratic Party of Georgia called the lawsuit a “dangerous political stunt.”

Florida filed a separate lawsuit against the federal mandate on Thursday. That lawsuit also alleged the president doesn’t have the authority to issue the rule and that it violates procurement law.

Merck agrees to let other drug makers make its COVID pill

LONDON (AP) — Pharmaceutical company Merck agreed to allow other drug makers to produce its COVID-19 pill, in a move aimed at helping millions of people in poorer countries get access to the potentially life-saving drug, a United Nations-backed public health organization said on Wednesday.

The Medicines Patent Pool said in a statement that it had signed a voluntary licensing agreement for molnupiravir with Merck and its partner Ridgeback Biotherapeutics.

The agreement will allow the Medicines Patent Pool to grant further licenses to qualified companies who are approved to make the drug. Neither drug maker will receive royalties under the agreement for as long as the World Health Organization deems COVID-19 to be global emergency. Molnupiravir is the first pill that has been shown to treat the disease.

Charles Gore, the executive director of the Medicines Patent Pool, said the early results for molnupiravir were “compelling” and that he hoped this first voluntary licensing agreement for a COVID-19 treatment would lead to others.

Despite repeated requests from governments and health officials, no vaccine makers have agreed to a similar deal. A hub set up by WHO in South Africa intended to share messenger RNA vaccine recipes and technologies has not enticed a single pharmaceutical to join.

Merck has requested its pill be licensed by both the U.S. Food and Drug Administration and the European Medicines Agency, decisions that could come within weeks.

Merck reported this month that molnupiravir cut hospitalizations and deaths by half among patients with early symptoms of COVID-19. The results were so strong that independent medical experts monitoring the trial recommended stopping it early.

An antiviral pill that people could take at home to reduce their symptoms and speed recovery could prove groundbreaking, easing the crushing caseload on hospitals and helping to curb outbreaks in poorer countries with weak health care systems.

It would also bolster a two-pronged approach to the pandemic: treatment by way of medication and prevention, primarily through vaccinations.

The charity Doctors Without Borders welcomed the agreement Merck struck to share its COVID-19 pill, but said it didn’t go far enough.

“The license excludes key upper-middle-income countries like Brazil and China from its territory, where there are strong, established capacity to produce and supply antiviral medicines,” said Yuanqiong Hu, a senior legal and policy adviser at Doctors Without Borders, who called the deal “disappointing.”

Covid-19 testing sites seeing increased demand

JOPLIN, Mo.–Some covid-19 testing sites have been busier than usual. But it’s not from people worried that they have the virus.

“We have a lot of people who have contacted us, reached out because say they’re attending a concert or an event where testing is required or that their employer is requiring them to be tested because they’re not vaccinated,” said Nanda Nunnelly, owner of NexGen Diagnostics, a Covid-19 testing service in Joplin.

President Biden announced plans to mandate vaccinations or proof a negative test for companies with more than 100 employees. That hasn’t gone into effect but – some businesses are still enforcing the requirement.

 “We have also been contacted by several businesses that are going to be requiring or they are required to test their employees that are not vaccinated because of contracts or things like that.”

Jessica Liberty with Freeman Health Systems says it’s too early in the process to tell how this will play out.

“It’s too early to say, as far as what ultimately each business or employer is going to request or require of each vaccinated employee, there’s just a lot of moving parts,” Libertt said.

But if more people need to get covid testing as a result of a requirement, liberty says it is important to make sure that the testing you receive is accurate.

“There’s a lot of different manufacturers that produce rapid covid tests and they range in sensitivity meaning some of them may not be as accurate as others… and with the vaccine mandate, and requiring weekly covid tests, you need to talk to your employer and come up with a plan with them to determine whether or not they will accept an at-home test,” Liberty said.

As for now, Joplin health experts say they aren’t experiencing a shortage of tests either, but they also don’t know what the future will hold.

FDA could soon approve Covid-19 vaccine booster “mixing and matching”

JOPLIN, Mo. — The U.S. Food and Drug Administration could allow people to mix and match Covid-19 shots for a booster.

The agency is preparing to approve getting a different brand of booster shot than the one a person initially received.

The FDA might note that getting the same vaccine as a booster is preferable, but it does not plan to recommend one shot over the other.

We spoke with a local pharmacist who says a mix and match booster might be beneficial.

News to Know (10/18/21)

Pittsburg Police Arrest Suspect in Saturday Homicide

PITTSBURG, Kan. – Authorities identify the victim in Saturday evening’s homicide in Pittsburg and say they have the suspect in custody. Just before 6:30pm Saturday, officers were called to an apartment at 415 South Broadway in Pittsburg after a person reported finding a woman laying on the floor of the apartment. The Pittsburg Police Department identified the victim as 18-year old Jase Delitch, of Pittsburg. Officials say Delich was shot with a handgun. Police say after reviewing surveillance footage in the area and speaking with witnesses, they identified 23-year old Bri’yon Baker, of Tennessee as the suspect. Around midnight, Baker was located by police walking in the area of 16th and Joplin. Officials arrested Baker and after searching him, found a handgun. After questioning Baker, he was arrested for 2nd degree murder and is being held at the Crawford County Jail in lieu of a $1,000,000 bond.

Saturday Crash Leaves One Dead, One Injured

CRAWFORD COUNTY, Kan. – One person is dead and another injured following a crash in the northern part of Crawford County. The accident happened yesterday 10 miles north of Kansas Highway 47 on us Highway 69. According to the Kansas Highway Patrol, a car driven by 61-year old Jeffery Leroy of Pittsburg crossed the center line and into the path of a car driven by 18-year old Carter Edgecomb of Garnett. Both vehicles attempted to avoid each other and ended up crashing in the center of the roadway. Leroy died from his injuries. Edgecomb suffered minor injuries.

Joplin Roadrunners host Carthage Pumpkin Run

CARTHAGE, Mo. – The 38th Annual Pumpkin run took place Sunday in Carthage. The event featured a two mile run and an 8k run as well as pumpkin prizes for the first 40 participants. While the run is good for your body, it also benefits the scholarship fund for the Cerebral Palsy Center. The run was organized by the Joplin Roadrunners group.

Maple Leaf Festival Returns to Carthage

CARTHAGE, Mo. – The Maple Leaf Festival is back for it’s 56th year with the theme, “fall” into Carthage. The festival held a parade throughout the streets of downtown. Schools, businesses, and organizations around Southwest Missouri marched in and rode through the parade. Attendees at the event say the parade is a long standing tradition for the town. It’s also one of the biggest days of the year for Carthage.

Experts Say it’s Safe to Trick-or-Treat

SOMETHING TO TALK ABOUT:  Our nation’s top disease expert, Anthony Fauci, says it is safe to trick-or-treat and covid numbers in the 4-states are finally trending downward. We want to know if you plan to go trick-or-treating this year? Join our Facebook discussion and cast your vote on our KOAM InstaPoll @ koamnewsnow.com/vote.

Joplin area health experts say it’s safe to trick or treat this year

NEWTON COUNTY, Mo.–Anthony Fauci, the nation’s top disease expert is giving kids the green light to break out the costumes and candy for Halloween this year. 

And local health experts in Southwest Missouri agree. 

“I was happy to hear that Dr. Fauci said that everybody can enjoy Halloween, the holiday’s coming up, and certainly in our part of Southwest Missouri out numbers now are at 45 active cases in newton county,” said Larry Bergner, administrator for the Newton County Health Department.

And Joplin residents are even more excited to know that Halloween can be enjoyed this year, safely. 

“We’re really excited to be back out here this year with a more normal event, we did have the event last year, very modified, so yeah it’s exciting to be back out here,” said Jessica Johnson, an organizer for the Old Fashioned Hayride in Joplin.

Donna stokes, Infection Disease Preventionist at Mercy Hospital says she agrees with Dr. Fauci

 “Fortunately for our community, we’re starting to see a trend downward in our number of covid cases, and it doesn’t mean that it’s gone, there’s still virus circulating, so for Halloween, it really is looking good for the kiddos to be able to get out and do some trick or treating this year and do it safely,” Stokes said.

With the virus still in the area as well as flu season approaching, Stokes still recommends taking proper safety measures. 

“Go out, do that trick or treating, enjoy Halloween this year, go in small groups, outside activities are great, inside activities you still wanna be cautious, not large groups, where you can social distance a bit, and obviously good hand hygiene,” Stokes said.

But health experts say we’re in a better place to enjoy Halloween and other upcoming holidays than we were last year. 

Freeman officials discuss Merck COVID treatment pill

JOPLIN, Mo. – At the Freeman media briefing today officials discussed declining COVID cases as well, including a decline in the number of people hospitalized with COVID.

Additionally, Freeman’s Chief Clinical Officer, Jeff Thompson, discussed the new Merck pill, that’s designed to treat COVID. Merck requested emergency use authorization from the FDA on Monday and Thompson says there are still a number of unanswered questions on exactly how the pill will roll out.

Thompson says “The way it’s been studied, the dosage has not been set and that will be in the emergency use authorization, but it’s a twice a day pill for five days is what it looks like it will probably be, but that exact dosage hasn’t been laid out yet.”

Thompson adds in addition to getting the COVID vaccine, everyone needs to make sure they get their flu shot this year as well.

COVID numbers trending down in most parts of the four-states

NEWTON COUNTY, Mo./CRAWFORD COUNTY, Kan. – COVID numbers are starting to decline again across the four-states.

COVID numbers are beginning to trend down across the area with one or two exceptions. One of those exceptions, is Newton County. Newton County Health Department Administrator Larry Bergner says he believes the ups and downs are just the way of the pandemic right now. “We’ve seen, over the last several weeks it seems to be one week is a little bit of a bump, the next week will go down and then the next week goes up a bump, so it just seems to be the natural ebb and flow of this virus that you’ll have a little bit of a spike but not too bad, and then it will go down the following week.”

Across state lines in Crawford County, Pittsburg State University has reported zero new cases for the second week in a row and numbers in the county are trending downward. Crawford County Health Department Director Teddi Van Kam says “You know we are definitely seeing a trend down which we’re very happy to see and are hoping that that’s going to continue.”

Van Kam says the thing with COVID, is it’s a novel virus, meaning it’s new and there’s still a lot to figure out over the next several years. “So we’re learning as we go and I think the numbers, they’re trending down, I think they’ll continue to trend down, but we have to always be watchful.”

With the Merck announcement of a possible pill to treat COVID symptoms and vaccinations opening up to those ages 5-11, Bergner has high hopes for the future. “That hopefully will get us to a point where we can finally say that we are pretty well through the pandemic and then it becomes something similar to the flu, where we know it’s going to be here, hopefully it won’t be severe, and we can deal with it in an effective manner, to save lives and get people over the illness as quickly as possible.”

Both Bergner and Van Kam want to stress the best way to stay protected is by getting vaccinated as soon as possible.

COVID numbers for select counties. This is a “7 vs 7” list, numbers from the last 7 days compared to the prior 7 days. Data is from September 27th through October 10th.

Missouri Data Source: Missouri Department of Health & Senior Services

Kansas Data Source: Kansas Department of Health and Environment

NEWTON COUNTY
36 NEW – UP 12.5%
0 DEATHS – 0% CHANGE

MCDONALD COUNTY
17 NEW – DOWN 19%
0 DEATHS – 0% CHANGE

BARTON COUNTY
11 NEW – DOWN 56%
0 DEATHS – DOWN 100%

VERNON COUNTY
35 NEW – UP 20.7%
0 DEATHS – DOWN 100%

CITY OF JOPLIN
33 NEW – 0% CHANGE
0 DEATHS – 0% CHANGE

KANSAS:

CHEROKEE COUNTY
32 LAST – 41 PRIOR – DOWN 28%

CRAWFORD COUNTY
30 LAST – 36 PRIOR – DOWN 20%

BOURBON COUNTY
20 LAST – 37 PRIOR – DOWN 85%

NEOSHO COUNTY
29 LAST – 23 PRIOR – UP 20%

LABETTE COUNTY
10 LAST – 24 PRIOR – DOWN 140%
LAST CASE
REPORTED
10-6

Critics say Senator Roger Marshall’s statements on COVID-19 are dangerous

TOPEKA, Kan. (AP) – Roger Marshall won’t let people forget he’s a doctor, putting “Doc” in the letterhead of his U.S. Senate office’s news releases. But when he talks about COVID-19 vaccines, some doctors and experts say the Kansas Republican sounds far more like a politician than a physician.

He’s made statements about vaccines and immunity that defy both medical consensus and official U.S. government guidance. He’s aggressively fighting President Joe Biden’s vaccine requirements, arguing they’ll infringe on people’s liberties and wreck the economy. He’s acknowledged experimenting on himself with an unproven treatment for warding off the coronavirus.

Marshall’s positions are pushing the first-term senator and obstetrician closer to the medical fringe. But he has company in other GOP doctors, dentists and pharmacists in Congress, several of whom have also spread sketchy medical advice when it comes to the pandemic.

Critics say the lawmakers’ statements are dangerous and unethical, and that Marshall’s medical degree confers a perception of expertise that carries weight with constituents and other members of Congress.

“He has an enormous role to play here because he’s a doctor and a senator,” said Arthur Caplan, founder of New York University’s medical ethics division and director of a vaccine ethics program. “He bears a very powerful responsibility to get it right.”

Marshall says he is fully vaccinated and has said he’s urged his parents recently to get booster shots. He and other GOP doctors in Congress appeared in a public service campaign in April to encourage people to get vaccinated.

But that was before Biden’s vaccine mandates fired up the party’s conservative base and had activists predicting that grassroots opposition could help drive Republicans into power in Congress in 2022. It also was before schools reopened for the fall and angry parents flocked to school board meetings to protest mask mandates.

“Off-year elections are all about turning out your base,” said Gregg Keller, a St. Louis-area GOP strategist who’s worked for conservative groups and U.S. Sen. Josh Hawley, R-Mo. “Republicans are fired up.”

Recent polling shows about half of Americans – just enough for a majority – favor requiring workers in large companies to get vaccinated or tested weekly. Biden also is requiring the military, government contractors and health care workers to get vaccinated.

But perhaps crucially for Marshall and other Republicans, the polling also showed people are deeply split based on their political party. About 6 in 10 Republicans opposed the mandate for workers, according to the survey by The Associated Press and NORC-Center for Public Affairs Research.

Marshall positioned himself as a stalwart Trump supporter in winning his Senate seat last year. The two-term congressman from western Kansas ran against a Democrat and retired Kansas City-area anesthesiologist hewing to public health orthodoxy on COVID-19.

Marshall regularly went unmasked at campaign events and said he took a weekly dose of the anti-malarial drug hydroxychoroquine promoted by Trump. That was despite the U.S. Food and Drug Administration’s warning against using it to prevent a COVID-19 infection.

Marshall has since tried unsuccessfully to pass legislation that would ban vaccine mandates and bar dishonorable discharges from the military for not getting vaccinated. He argues that mandates for workers will cause them to quit or be fired, worsen supply chain problems and drive up inflation.

“Without even touching on the constitutionality of a federal mandate, I want people to realize the impact it’s going to have on the economy,” he said during a recent interview.

Late last month, he joined lawmakers pushing unsupported theories about COVID-19 immunity. He and 14 other GOP doctors, dentists and pharmacists in Congress sent a letter to the federal Centers for Disease Control and Prevention, urging the agency, when setting vaccination policies, to consider natural immunity in people who have had the virus.

The signers included Kentucky Sen. Rand Paul, an ophthalmologist, and Texas Rep. Ronny Jackson, who served as doctor and medical adviser to Trump. Most are from states or districts that Trump carried by wide margins last year.

Experts agree that natural immunity arises after an infection, but the general medical consensus is that the degree of protection varies from person to person and is likely to wane over time. That’s why the CDC currently urges even those who’ve had the virus to get vaccinated. A CDC report released in August found the vaccine did boost protection among those who’ve recovered from the infection. Studies released in September showed that unvaccinated people were 11 times more likely to die than the vaccinated.

Marshall disputes that guidance. In a recent AP interview, he noted his adult children have had COVID-19 and, “I don’t think they need the vaccine on top of it.”

He argued that the issue requires more investigation: “We could get 20 scientists in here and have a two-hour discussion about it.”

Keller, the GOP consultant, said he sees a political incentive for Marshall and other lawmakers to focus on the issue of natural immunity. That challenges the Biden administration policies without attacking vaccines, Keller said.

“Smart Republicans realize that there’s a certain amount of trust in the wider electorate in the vaccine,” Keller said.

Marshall says that as a practicing obstetrician and as a local health department director, he followed the CDC’s guidance on issues such as flu shots not harming pregnant women. But he says he’s lost trust in the CDC because of mixed messages early in the pandemic about masks: “It was a tough time for the CDC. It was a tough time for all of us.”

Dr. Leana Wen, an emergency physician and former Baltimore health commissioner, said vaccine mandates “clearly work” in containing COVID-19.

“Vaccination is what we have because the price of getting immunity through natural infection is much too high,” Wen said, adding that she fears people doing something akin to the “chicken pox parties” some parents have had for their children. “We certainly would not want a policy that could lead people to choose to be infected.”

Sabrina Pass, who lives in a small town northwest of Fort Riley, Kansas, said she supports Marshall’s positions and said a candidate’s willingness to actively fight vaccine mandates will be important to her. She is a 37-year-old U.S. Department of Defense employee, the mother of two teenagers and a registered Republican. She sees protests against school mask mandates as “awesome.”

But Dr. Beth Oller, a family physician in Rooks County in northwest Kansas, said she’s frustrated because Marshall’s medical degree is one reason patients who normally trust her about everything else resist her advice to get vaccinated. Musing that “I really don’t think he’s that stupid,” she said he knows how immunity works and why people need flu shots and tetanus boosters.

“He should just be ashamed of himself,” Oller said.

Many Crawford County parents voice mask mandate frustrations

 

CRAWFORD COUNTY, Ks. – Friday’s Crawford County commissioners meeting was much livelier than usual, but that’s because commissioners were hearing from the public about USD 250’s new policy concerning masks in the classroom.

Last week the USD 250 school board announced that masks in class will be optional if Crawford County meets certain health requirements related to COVID-19.

While some people at the county commissioners meeting supported the new policy, many parents in attendance felt that student mask-wearing should be 100% their choice.

“Give parents the option. I don’t care if you send your kid in a hazmat suit. We want the option, just like you have the option to get a shot whether you believe in that or not. Let’s just make it simple. We’ve been dealing with this long enough. We should know by now, and (it should be a) personal choice,” said Corey Raider, a Girard parent who addressed the county commissioners during the meeting’s public comments.

Crawford County Commissioner Jeremy Johnson says he understands parent concerns and got the impression that many of them are worried school mask mandates will always be present in Crawford County. But he says recent data concerning the Coronavirus in Crawford County doesn’t back up those fears.

“Our numbers have gone down considerably. I’ve not seen the final ones because they’ve not been released yet for this week, but as of yesterday, we only had 17 new cases in the county which is half of what they were the week prior. And this is after a week of students not being required to wear masks in schools. That’s promising data going forward,” said Commissioner Johnson.

While the majority of public comments focused on masks in the classroom, some meeting attendees also let commissioners know they thought the county’s quarantine policy was cumbersome and heavy handed.

You can read about USD 250’s new mask-optional policy here.

You can watch Friday’s public comments and all of the Crawford County commissioners meeting here.