Former Tufts doctor sues for $6 million after being fired for refusing COVID shot

A former Tufts Medical Center doctor is suing the hospital for $6 million, claiming it wrongfully fired her because she refused the COVID-19 vaccine based on her religious beliefs.

In a complaint filed Tuesday in Suffolk Superior Court, Dr. Theresa Gabana is seeking damages for discrimination and wrongful termination in violation of Title VII of the Civil Rights Act of 1964, which caused her a “substantial loss of her future income and retirement.”

“I think Dr. “Gabana has a very convincing argument,” wrote Richard Chambers Jr., Ph.D. Gabana’s attorney, in an email to Boston.com. “She was legally entitled to a religious exemption.”

Dr. Gabana worked as an emergency doctor for 29 years until she was fired on December 5, 2021 at the age of 61.

After the state determined that the COVID-19 pandemic no longer constituted a state of emergency, Tufts Medical Center implemented its own mandatory COVID-19 vaccination policy on August 10, 2021.

The hospital informed employees that, absent an approved religious or medical exemption, the new requirement would go into effect on October 18, 2021.

On September 3, 2021, Dr. Gabana submitted her application for an exemption on religious grounds.

Dr. Gabana wrote that the current COVID-19 vaccines “were developed using or tested on aborted fetal cell lines” and “the sanctity of human life, including the unborn, is an important tenet of my faith.” Using this vaccine is a violation against my faith.”

According to the National Institute of Health, in developing some COVID-19 vaccines, researchers in the United States reproduced cells originally obtained from elective abortions in the 1970s and 1980s.

But according to the Centers for Disease Control and Prevention, none of the three COVID-19 vaccines approved for approval in the U.S. contain aborted fetal cells.

While the lawsuit does not specify Gabana’s specific denomination, Pope Francis and many other Catholic leaders have said that COVID-19 vaccines are morally acceptable. Researchers have also used historical fetal cell lines to develop vaccines against hepatitis A, rubella and rabies.

The hospital declined to comment on ongoing litigation. However, a statement said: “The COVID-19 vaccine has been an important tool in reducing the risk of severe illness, hospitalization and death from COVID-19, with its effectiveness supported by the vaccination requirements provided to hospitals and both the state and the United States.” were also imposed on the state.” Federal level.”

The hospital fired Dr. Gabana, shortly after she rejected her request for a religious exemption and refused to be vaccinated.

The lawsuit alleges that the rejection was caused by Dr. Gabana “caused extreme distress, an enormous amount of stress, anxiety, sleepless nights and deep, unrelenting sadness when she realized she had to choose between her sincere religious beliefs and a job she loved.”

Dr. Gabana was unable to find another job in her field and “suffered great financial harm and extreme stress,” the lawsuit says.

Her termination resulted in “lost wages, pensions and benefits, costs associated with surviving without income, and extreme and severe emotional distress to her and her family.”

Under Title VII, it is unlawful for an employer to refuse to hire or fire an individual based on religion. An employer must “reasonably accommodate” an employee’s religious practice unless such accommodation would “impose undue hardship on the conduct of the employer’s business.”

The lawsuit said precautions had been taken since the start of the pandemic and did not cause undue hardship because COVID-19 vaccines do not necessarily prevent a person from contracting or spreading the disease.

In August, a federal appeals court judge ruled in favor of a former office manager at Beth Israel Deaconess Hospital-Milton. Plaintiff Amanda Bazinet was also fired in 2021 because she refused vaccination for religious reasons. Chambers also represented Bazinet.

Because Bazinet’s case contained the same facts and allegations, Chambers believes that Dr. Gabana has “strong arguments”.

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Beth Treffeisen is a general assignment reporter at Boston.com, focusing on local news, crime and business in the New England region.

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