Michigan residents sue Governor Whitmer over coronavirus pandemic orders

(Reuters) – Michigan Governor Gretchen Whitmer faces at least two federal lawsuits challenging her April 9 executive order to combat the coronavirus outbreak, including requirements that residents stay at home and most businesses close.

In complaints filed on Tuesday and Wednesday, several Michigan residents and one business accused the Democratic governor of violating their constitutional rights by imposing her “Stay Home, Stay Safe” order.

The plaintiffs in Wednesday’s lawsuit “reasonably fear that the draconian encroachments on their freedom set forth in this complaint will, unfortunately, become the ‘new norm,'” according to their complaint.

Whitmer’s office did not immediately respond on Thursday to requests for comment.

The governor’s order provides that residents cannot leave their homes except for essential services such as food or medical supplies, or engage in outdoor physical activity. It also bans travel to second homes and vacation properties.

Businesses, meanwhile, cannot require workers to leave their homes unless they are necessary for basic operations or to “sustain or protect life,” like grocery store and healthcare workers, and law enforcement. The order lasts through April.

Both lawsuits say Whitmer’s order deprives residents of their constitutional right to associate with other people under the First Amendment and their right to due process.

One lawsuit says the order amounts to an unconstitutional taking, while the other says the closing of gun shops violates the Second Amendment right to bear arms.

Whitmer is among several state governors, including both Democrats and Republicans, who have in some public opinion polls received high marks for their responses to the pandemic.

The plaintiffs in Tuesday’s lawsuit filed in Detroit include four Michigan residents. One owns a landscaping business, and another said he is forbidden to see his girlfriend of 14 years because they live in different homes.

Two lawyers and the owner of a different landscaping business are plaintiffs in Wednesday’s lawsuit, which is being handled in Grand Rapids.

(Reporting by Jonathan Stempel in New York; editing by Jonathan Oatis)

U.S. Supreme Court lets Flint, Michigan residents sue over water contamination

By Andrew Chung

WASHINGTON (Reuters) – The U.S. Supreme Court on Tuesday let residents of Flint, Michigan pursue a civil rights lawsuit against the city and government officials that accused them of knowingly allowing the city’s water supply to become contaminated with lead.

The justices turned away two appeals by the city and the state and local officials of a lower court ruling that allowed the lawsuit to move forward. The lower court rejected a demand for immunity by the officials, finding that they violated the residents’ right to “bodily integrity” under the U.S. Constitution by providing the tainted water after switching water sources in a cost-cutting move in 2014.

The justices’ action comes as similar class-action cases are currently on appeal at the Cincinnati, Ohio-based 6th U.S. Circuit Court of Appeals.

Flint switched its public water source from Lake Huron to the Flint River to reduce costs during a financial crisis. The corrosive river water caused lead to leach from pipes.

Lead poisoning can stunt children’s cognitive development. No level of exposure is considered safe.

The city switched back to Lake Huron water the next year. The contaminated river water also triggered an outbreak of bacteria-caused Legionnaires’ disease, which killed 12 people and sickened dozens of others

Lawsuits over Flint’s water have proliferated in recent years. The number of people who have reported being harmed through exposure to contaminants in Flint, including lead and bacteria, or who experienced ailments such as rashes and hair loss, has reached more than 25,000, including more than 5,000 children under 12, according to court records.

The cases center on the Constitution’s 14th Amendment guarantee of due process under the law, which can protect people from government-induced harm to their personal security or health, a legal principle known as “bodily integrity.”

Courts have previously enforced the right to confront abuses of power in cases of direct physical intrusion, such as non-consensual medical procedures or forced drug administration.

The defendants argued that the lower courts have dangerously expanded that right by applying it to policy decisions that result in public exposure to environmental toxins. They also argued they are protected from the claims through a legal doctrine known as “qualified immunity” because they could not have known they could be held liable for “doing the best they could in difficult circumstances with limited information.”

The case before the justices was filed in 2016 by two Flint residents including Shari Guertin, who said that she and her child were exposed to high levels of lead.

Calling the water crisis a “government-created environmental disaster” in a 2019 ruling, the 6th Circuit green-lighted the constitutional claims and rejected immunity for the officials.

(Reporting by Andrew Chung; Editing by Will Dunham)

Heavy snow in U.S. West and Midwest could disrupt post-Thanksgiving travel

(Reuters) – A major winter storm will lumber across the United States over the weekend, dumping snow as it moves east from the U.S. West and threatening to disrupt millions of people traveling home after celebrating the Thanksgiving holiday.

Over a foot of snow is forecast in mountainous parts of Colorado, Utah and Arizona on Friday before the storm system slips toward the upper Midwest, the National Weather Service said.

Freezing rain will likely turn to snowy blizzards in parts of Minnesota, Wisconsin and Michigan beginning on Friday night, with more than 18 inches of snowfall possible in some mountainous areas, the service said.

Some snow could appear in the Northeast by Sunday morning, the service said. New York City and other places further down the Atlantic Coast can expect a wintry mix of precipitation on Sunday.

More than 4 million Americans were expected to fly and another 49 million expected to drive at least 50 miles or more this week for Thanksgiving, according to the American Automobile Association.

Wintry weather disrupted travel this week ahead of Thursday’s Thanksgiving celebrations, with airports in Minneapolis and Chicago reporting hundreds of delayed or canceled flights.

(Reporting by Jonathan Allen in New York; Editing by Chizu Nomiyama)

Heavy snow hammers U.S. Midwest after holiday weekend

A driver clears the snow off his car during an early season snowfall in the Boston suburb of Medford, Massachusetts, U.S., November 15, 2018. REUTERS/Brian Snyder

(Reuters) – Commuters in Chicago and across the Midwest faced inches of heavy, wet snow as they headed back to work on Monday after the long Thanksgiving holiday weekend, with the storm knocking out power, icing roads and canceling some flights.

The National Weather Service ended blizzard warnings early on Monday in northeast Missouri through the Chicago metropolitan area and northeast into Michigan, but noted strong winds of up to 45 miles per hour (72 kph) would continue to blow around drifts of the snow accumulated overnight.

“Snow will continue to taper off to flurries and then end this morning,” the service’s Chicago office said in a statement, warning drivers to take extra caution on slippery roads in low visibility.

“The drive into work was NASTY,” Diane Pathieu, an ABC7 Chicago news anchor, wrote on Twitter of her pre-dawn commute. “Roads barely plowed, wind blowing snow everywhere. Proceed with caution!”

North of Chicago, the city of Evanston’s police department said in a statement its power had been knocked out by the storm, although it was still able to receive 911 calls.

Dozens of school districts in Illinois, Missouri, Iowa and Kansas canceled classes due to the weather. Chicago public schools were expected to open.

The storm canceled 1,270 flights on Sunday, a busy day for travelers trying to get home after the Thanksgiving weekend.

That included about 900 flights to and from Chicago O’Hare International Airport and Chicago Midway Airport and almost 200 flights at Kansas City International Airport.

On Monday morning, about 500 flights to and from O’Hare had been canceled, about 17 percent of all scheduled flights, according to the FlightAware flight tracking service.

(Reporting by Brendan O’Brien in Milwaukee and Jonathan Allen in New York; Editing by Sunil Nair, Louise Heavens and Frances Kerry)

Michigan adopts strictest lead water rules in the United States

FILE PHOTO: Running tap water is seen in a city struggling with the effects of lead-poisoned drinking water, in Flint, Michigan, U.S., May 4, 2016. REUTERS/Carlos Barria/File Photo

y Gina Cherelus

(Reuters) – Michigan on Thursday adopted the strictest U.S. rules to guard against lead in drinking water, a move sparked by the Flint water crisis that exposed thousands of city residents to the toxic chemical, officials said.

Michigan Governor Rick Snyder, who has been criticized for his slow response in the crisis, said state officials decided to exceed federal standards in plans to lower the state’s requirement for lead concentration levels in water.

“As a state, we could no longer afford to wait on needed changes at the federal level, so Michigan has stepped up to give our residents a smarter, safer rule – one that better safeguards water systems in all communities,” he said in the statement.

Flint, facing an extended economic decline since the 1980s, came under the control of a state-appointed emergency manager in 2011. To save money, the city of about 100,000 residents in 2014 temporarily switched its water source from Detroit’s municipal system to the Flint River, which was more corrosive and caused more lead to leach from aging pipes, causing health problems.

The crisis prompted a rash of lawsuits by parents who say their children, who are especially vulnerable to lead poisoning, had dangerously high levels of the chemical in their blood.

Under new standards set by the Michigan Department of Environmental Quality, the maximum level of allowable lead in drinking water will drop to 12 parts per billion in 2025. The federal level as mandated by the Environmental Protection Agency (EPA) is 15 parts per billion.

All public water systems are required to replace the state’s 500,000 lead service lines at a rate averaging 5 percent per year beginning in 2021 over a 20-year period.

The new rules prohibit partial lead service line replacement due to the potential for elevated lead levels that could harm public health. Most public water systems are required to perform a full system inventory detailing all parts and materials used.

“The new Michigan Lead and Copper Rule is the most stringent in the world when applied to cities with lead pipe – yet it strikes a reasonable balance between cost and benefit,” Virginia Tech professor Marc Edwards, a water engineer who first raised the issue of Flint’s lead contamination, said in an email.

(Reporting by Gina Cherelus in New York; Editing by Richard Chang)

CDC warns residents in eight U.S. states of cut-fruit Salmonella outbreak

Under a very high magnification of 12000X, this colorized scanning electron micrograph shows a large grouping of Gram-negative Salmonella bacteria. REUTERS/Janice Haney Carr/CDC/Handout

By David Shepardson

WASHINGTON (Reuters) – The head of the U.S. Food and Drug Administration on Sunday urged residents of eight U.S. states to check for recalled pre-cut melon that is linked to an outbreak of Salmonella.

The FDA and U.S. Centers for Disease Control are investigating an outbreak linked to 60 illnesses and at least 31 hospitalizations in five states. No deaths have been reported and the agencies urged residents in the eight states to throw out any melon that may have been recalled.

On Friday, Caito Foods LLC, a unit of SpartanNash Co, recalled fresh-cut watermelon, honeydew melon, cantaloupe and fresh-cut mixed fruit products containing one of those melons produced at a Caito Foods facility in Indianapolis.

The recalled products were distributed to Georgia, Illinois, Indiana, Kentucky, Michigan, Missouri, North Carolina, and Ohio and sold in clear, plastic containers at stores including Costco Wholesale Corp, Kroger Co, Payless, Owen’s, Sprouts, Trader Joe’s, Walgreens, Walmart Inc, and Whole Foods, a unit of Amazon.com Inc.

FDA Commissioner Scott Gottlieb in a Twitter post late on Sunday urged people in the eight states to check the “fridge and freezer for recalled pre-cut melon linked to Salmonella outbreak.”

Of the 60 cases reported to date, 32 were reported in Michigan.

“Reports of illnesses linked to these products are under investigation, and Caito Foods is voluntarily recalling the products out of an abundance of caution,” the company said in a statement, adding it “has ceased producing and distributing these products as the company and FDA continue their investigation.”

Salmonella can result in serious illness and produce significant and potentially fatal infections in young children, frail or elderly people and others with weakened immune systems the company said.

The CDC said evidence suggested that melon supplied by Caito Foods “is a likely source of this multistate outbreak.”

The investigation is ongoing to determine if products went to additional stores or states, the agencies said.

(Reporting by David Shepardson; Editing by Peter Cooney)

Alberto remnants threaten Alabama with flash flooding

Subtropical Storm Alberto arrives at Orange Beach, Alabama, U.S., May 28, 2018, in this picture obtained from social media. David Green/@dsg_dukester/Twitter/via REUT

By Rich McKay

(Reuters) – Subtropical storm Alberto fizzled into a subtropical depression as it rolled into Alabama on Tuesday but forecasters warned of potentially dangerous flash floods even as winds dropped to 30 miles per hour (48 km per hour).

Subtropical Storm Alberto is pictured nearing the Florida Panhandle in this May 27, 2018 NASA handout photo. NASA/Handout via REUTERS

Subtropical Storm Alberto is pictured nearing the Florida Panhandle in this May 27, 2018 NASA handout photo. NASA/Handout via REUTERS

At its height, Alberto, the first storm of the 2018 Atlantic hurricane season, blasted sustained winds of 65 mph (105 kph) with gusts that packed full hurricane punches of 75 mph (121 kph), said meteorologist David Roth of the National Weather Service.

“It’s slowly weakening and it’s not regaining any strength,” Roth said. “The chances of it spinning off tornadoes now has dropped to virtually zero.”

The National Hurricane Center (NHC) canceled coastal warnings and watches for the storm, which spun up days before the formal start of the hurricane season on June 1. Minor power outages were reported in north Florida, and the state’s emergency response team started closing shelters on Monday, citing a lack of need.

Some areas on Gulf Coast barrier islands remained under evacuation orders due to flood risks, officials said.

Alberto will probably weaken through Tuesday as it moves northward into the Tennessee Valley and then to the Ohio Valley, finally withering into a “remnant low pressure storm” by Tuesday evening, with winds at around 25 mph (40 kph), Roth said.

The NHC warned it would still deliver heavy, potentially damaging rains of 2-6 inches (6-15 cm), with as much as 12 inches (30 cm) in some areas in north Florida and Alabama through Tuesday night.

It could dump up to 6 inches (15 cm) of rain as it moves north toward lower Michigan by Wednesday evening, officials said.

Two journalists covering the worsening weather in North Carolina were killed on Monday when a tree fell on their vehicle.

Royal Dutch Shell Plc was sending workers back to the eastern Gulf of Mexico and Chevron Corp restored some production on Monday after the storm’s passage.

Shell plans to restore production at its Ram Powell Hub in the Viosca Knoll area of the Gulf as it soon as the platform can operate safely, the company said.

Authorities in Florida’s Franklin and Taylor counties issued mandatory evacuation orders for thousands of coastal residents.

Four deadly hurricanes struck the United States last year, killing at least 144 people and causing billions of dollars in damage, massive power outages and devastating hundreds of thousands of homes and businesses, according to the NHC.

(Reporting by Rich McKay in Atlanta; Additional reporting by Ian Simpson and Daniel Trotta; Editing by Scott Malone and Jeffrey Benkoe)

Storm barrels through U.S. Midwest with snow and frigid temperatures

Satellite image from the National Weather Service. 2-9-18

By Brendan O’Brien and Suzannah Gonzales

MILWAUKEE, Wis./CHICAGO (Reuters) – A major winter storm barreled into Chicago and Milwaukee early on Friday, dumping heavy snow and dropping temperatures well below freezing as it forced schools to close and threatened to leave travel at a stand still across the Midwest.

The storm system stretches from western Montana across the Dakotas and parts of Minnesota, Wisconsin and Illinois, and reaches as far east as southern Michigan. The storm could drop up to 14 inches (36 cm) of snow in some areas, the National Weather Service said.

Chicago was anticipating six to 12 inches of snow early on Friday morning with more snow expected over the weekend, according to the service’s weather forecast.

“The city is ready for this,” Chicago Mayor Rahm Emanuel said during a news conference about the city’s preparedness on Thursday. “Make no mistake though, this is a heavy snow, heavier than we’ve seen in a number of winters.”

City officials announced school closures in Chicago, Detroit and Milwaukee because of the weather.

Wind chill temperatures were expected to drop below 0 Fahrenheit (-18 C) in many areas across the region, and officials warned of limited visibility on roads.

Chicago’s O’Hare and Midway international airports canceled more than 200 flights on Thursday before the storm hit, and several airlines were also anticipating delays or cancellations.

United Airlines said on Twitter that waivers were in effect for snow-hit areas this week allowing travelers to change flights without charges, and Delta Air Lines offered to rebook flights on Friday for 18 Midwest cities.

Winter weather across the United States this week killed several people in accidents in the Midwest, including six in Iowa, two in Missouri and one in Montana, local media in those states reported.

(Editing by Peter Graff)

Counting the costs: U.S. hospitals feeling the pain of physician burnout

Counting the costs: U.S. hospitals feeling the pain of physician burnout

By Julie Steenhuysen

ANN ARBOR, Mich. (Reuters) – Dr. Brian Halloran, a vascular surgeon at St. Joseph Mercy Ann Arbor, starts planning his garden long before spring arrives in southeast Michigan.

His tiny plot, located in the shadow of the 537-bed teaching hospital, helps Halloran cope with burnout from long hours and the stress of surgery on gravely ill patients.

“You really have to find the balance to put it a little more in perspective,” he said.

Hospitals such as St. Joseph Mercy Ann Arbor have been investing in programs ranging from yoga classes to personal coaches designed to help doctors become more resilient. But national burnout rates keep rising, with up to 54 percent of doctors affected.

Some leading healthcare executives now say the way medicine is practiced in the United States is to blame, fueled in part by growing clerical demands that have doctors spending two hours on the computer for every one hour they spend seeing patients.

What’s more, burnout is not just bad for doctors; it’s bad for patients and bad for business, according to interviews with more than 20 healthcare executives, doctors and burnout experts.

“This really isn’t just about exercise and getting enough sleep and having a life outside the hospital,” said Dr. Tait Shanafelt, a former Mayo Clinic researcher who became Stanford Medicine’s first chief physician wellness officer in September.

“It has at least as much or more to do with the environment in which these folks are practicing,” he said.

Shanafelt and other researchers have shown that burnout erodes job performance, increases medical errors and leads doctors to leave a profession they once loved.

For a graphic, click http://tmsnrt.rs/2zMlmuy

Hospitals can ill afford these added expenses in an era of tight margins, costly nursing shortages and uncertainty over the fate of the Affordable Care Act, which has put capital projects and payment reform efforts on hold.

“Burnout decreases productivity and increases errors. It’s a big deal,” said Cleveland Clinic Chief Executive Dr. Toby Cosgrove, one of 10 U.S. healthcare CEOs who earlier this year declared physician burnout a public health crisis.

WHAT TO DO?

Hospitals are just beginning to recognize the toll of burnout on their operations.

Experts estimate, for example, that it can cost more than a $1 million to recruit and train a replacement for a doctor who leaves because of burnout.

But no broad calculation of burnout costs exists, Shanafelt said. Stanford, Harvard Business School, Mayo and the American Medical Association are working on that. They have put together a comprehensive estimate of the costs of burnout at the organizational and societal level, which has been submitted to a journal for review.

In July, the National Academy of Medicine (NAM) called on researchers to identify interventions that ease burnout. Meanwhile, some hospitals and health insurers are already trying to lighten the load.

Cleveland Clinic last year increased the number of nurse practitioners and other highly trained providers by 25 percent to 1,600 to handle more routine tasks for its 3,600 physicians. It hired eight pharmacists to help with prescription refills.

Atrius Health, Massachusetts’ largest independent physicians group, is diverting unnecessary email traffic away from doctors to other staffers and simplifying medical records, aiming to cut 1.5 million mouse “clicks” per year.

Insurer UnitedHealth Group, which operates physician practices for more than 20,000 doctors through its Optum subsidiary, launched a program to help doctors quickly determine whether drugs are covered by a patient’s insurance plan during the patient visit. It is also running a pilot program for Medicare plans in eight states to shrink the number of procedures that require prior authorization.

Similarly, Aetna Inc this year began a behavioral health program that eliminates prior authorization requirements for admission to some high-performing hospitals.

DOCTOR OVERLOAD

Experts define burnout as a syndrome marked by emotional exhaustion, cynicism and decreased effectiveness. Many burned out doctors cut back their hours to cope, and a disturbing number commit suicide.

A landmark 2015 Mayo Clinic study found that more than 7 percent of nearly 7,000 doctors had considered suicide within the prior 12 months, compared with 4 percent of other workers. About 400 a year go through with it.

Driving the burnout symptoms is the burden of data entry on clumsy electronic medical records systems that doctors must use to prove the quality of their care, said Dr. Christine Sinsky, vice president of professional satisfaction at the American Medical Association.

Sinsky recently conducted an experiment in her own internal medicine practice in Dubuque, Iowa. She asked a staff member how many mouse clicks it takes to order and record a single patient’s flu shot in their electronic medical record. The answer: 32.

She has visited some practices where a doctor had to record flu shots for more than 1,000 patients because only the doctor was allowed to enter the order.

Such mandates reflect an overly strict interpretation of federal health reforms designed to encourage doctors to use electronic medical records, such as the 2009 Health Information Technology for Economic and Clinical Health Act that required doctors to demonstrate “meaningful use” of the systems.

“We have to recognize the exacting toll that the first generation of electronic health records have had on physicians,” Sinsky said. “I would identify it as one of the most important drivers of physician burnout.”

Pre-approval requirements from health insurers for many services and quality metrics built into Obamacare have added to doctors’ administrative duties.

“We’ve got this measurement mania. We’ve got to back off of that,” said Dr. Paul Harkaway, chief accountable care officer for Michigan’s St. Joseph Mercy Health System, a part of Trinity Health, a national not-for-profit Catholic healthcare system.

As a result of these requirements, primary care physicians spend more than half of their 11.4 hour workday performing data entry and other tasks, according to a September AMA/University of Wisconsin study published in the Annals of Family Medicine.

To manage, doctors often finish work at home in the evening, a part of the day known as “pajama time.”

COSTS TO THE HEALTHCARE SYSTEM

Doctors’ suffering can take a direct toll on patients. In a 2010 study, Shanafelt and colleagues found that the more burned out a surgeon was, the more likely he or she was to report a major medical error. Other studies have shown that burnout drives up rates of unnecessary testing, referrals to specialists and hospital admissions.

When doctors quit, it costs an estimated $800,000 to $1.3 million in recruitment, training and productivity costs, depending on the specialty.

Even when physicians don’t leave, they can contribute thousands of dollars in costs each year “just as a matter of inefficient functioning,” said Dr. Colin West of the Mayo Clinic.

The trend has medical malpractice experts concerned. CRICO, the malpractice carrier for Harvard University’s two dozen affiliated hospitals, recently had to settle a handful of cases because doctors were too burned out to fight, even though CRICO believed it could win.

“The clinician just wanted it to go away,” said Dr. Luke Sato, CRICO’s chief medical officer. Sato estimates that an average breast or colorectal cancer malpractice case might cost $750,000 to $1 million to settle.

The crisis has Harkaway worried for his colleagues in Michigan, and for his profession.

“Working with doctors every day, you see it,” he said. “They are just beat down.”

(Reporting by Julie Steenhuysen; Editing by Michele Gershberg and Editing by Edward Tobin)

Reuters finds 3,810 U.S. areas with lead poisoning double Flint’s

Reuters finds 3,810 U.S. areas with lead poisoning double Flint’s

By M.B. Pell and Joshua Schneyer

(Reuters) – Since last year, Reuters has obtained neighborhood-level blood lead testing results for 34 states and the District of Columbia. This data allows the public its first hyper-local look at communities where children tested positive for lead exposure in recent years.

While the number of children with high lead levels has plummeted across the U.S. since lead paint and gasoline were phased out in the 1970s and 1980s, many communities remain exposed to the toxic heavy metal, the data show.

In all, Reuters has identified 3,810 neighborhood areas with recently recorded childhood lead poisoning rates at least double those found across Flint, Michigan, during the peak of that city’s water contamination crisis in 2014 and 2015. Some 1,300 of these hotspots had a rate of elevated blood tests at least four times higher than Flint’s.

Reuters defined an elevated result as any test higher than the Centers for Disease Control and Prevention’s current reference number of 5 micrograms per deciliter, the level at which the agency recommends a public health intervention.

The news agency obtained the data, broken down by census tract or zip code, from state health departments or the CDC through records requests. U.S. census tracts are small county subdivisions averaging 4,000 residents. Zip codes have average populations of 7,500.

This newest map reflects additional data obtained this year, and includes some changes to data initially published by Reuters in a map last December.

The map now includes testing data for additional states and cities: Kansas, Georgia, Tennessee, Vermont, North Carolina, New York City and Washington, DC.

The newly identified communities with high rates of elevated childhood lead levels include a historic district in Savannah, Georgia, areas in Rutland, Vermont, near the popular skiing mountain Killington, and a largely Hasidic Jewish area in Brooklyn.

The updated map includes other minor changes. Recently, the CDC provided testing results to correct data it previously released to Reuters for Pennsylvania, Ohio, New Jersey, Virginia and Louisiana. Responding to earlier records requests, the CDC mistakenly released test results for all children under 16, though the news agency requested testing results for children under six – the age group most likely to be affected by lead exposure.

Still, even with the updated CDC data, the number of areas with high rates of elevated lead tests increased or remained about the same in each state.

The map now features zip code level data for Los Angeles County, California, provided by the state’s Department of Public Health. An earlier version featured census tract level results, but reporters discovered the county’s epidemiologist had misclassified some of them. The county has declined to provide corrected data.

(Editing by Ronnie Greene)