The Trump administration has reportedly terminated members of a health committee that provides guidance on limiting the spread of diseases to government agencies and hospitals across the country. According to its government website, the Healthcare Infection Control Practices Advisory Committee’s (HICPAC) primary aim is to “provide advice and guidance” to the secretary of the Department of…
The Trump administration is reportedly considering ending a division within the Center for Disease Control and Prevention (CDC) that is focused on funding HIV/AIDs prevention and treatment. Even if Trump simply shifts the responsibilities of that division to another agency within the Department of Health and Human Services (HHS), it could result in fewer federal services…
Decades before Covid-19, the AIDS epidemic tore through communities in the US and around the world. It has killed some 40 million people and continues to take lives today.
But early on, research and public policy focused on AIDS as a gay men’s disease, overlooking other vulnerable groups—including communities of color and women.
“We literally had to convince the federal government that there were women getting HIV,” says activist Maxine Wolfe. “We actually had to develop treatment and research agendas that were about women.”
This week on Reveal, reporters Kai Wright and Lizzy Ratner from the podcast Blindspot: The Plague in the Shadows take us back to the first years of the HIV epidemic in New York City.
One of the most influential activists for women with AIDS was Katrina Haslip, a prisoner at a maximum-security prison in upstate New York. In the 1980s, Haslip and other incarcerated women started a support group to educate each other about HIV and AIDS.
Haslip took her activism beyond prison walls after her release in 1990, even meeting with leaders of the Centers for Disease Control and Prevention. One of the main goals was to change the definition of AIDS, which at the time excluded many symptoms that appeared in HIV-positive women. This meant that women with AIDS often did not qualify for government benefits such as Medicaid and disability insurance.
The fallout from President Donald Trump’s “shock and awe” campaign to bend the federal government to his will is becoming painfully apparent. Doctors and advocates report that that the slew of new executive orders are already causing disruptions in treatment, all while Republicans in Congress consider spending cuts that analysts say could strip coverage for millions and spin the health system into…
The Centers for Disease Control and Prevention (CDC) has released a survey of tens of thousands of high school students across the United States, determining that a sizable number of teens are transgender or questioning their gender identity. According to their research, around 3.3 percent of teens in the U.S. are transgender. Another 2.2 percent said they are questioning their gender…
At the height of the pandemic, COVID-19 was talked about as “the great equalizer,” an idea touted by celebrities and politicians from Madonna to then-New York Gov. Andrew Cuomo. But that was a myth.
Ibram X. Kendi and Boston University’s Center for Antiracist Research worked with The COVID Tracking Project to compile national numbers on how COVID-19 affected people of color in the U.S. Their effort, The COVID Racial Data Tracker, showed that people of color died from the disease at around twice the rate of White people.
The COVID Tracking Project’s volunteer data collection team waited months for the Centers for Disease Control and Prevention to release COVID-19 testing data. But when the CDC finally started publishing the data, it was different from what states were publishing—in some instances, it was off by hundreds of thousands of tests. With no clear answers about why, The COVID Tracking Project’s quest to keep national data flowing every day continued until March 2021.
This week on Reveal: We examine the myth of COVID-19 as “the great equalizer,” what went wrong in the CDC’s response to the pandemic, and whether it’s prepared for the next one.
This Peabody Award-nominated three-part series is hosted by epidemiologist Jessica Malaty Rivera and reported by Artis Curiskis and Kara Oehler from The COVID Tracking Project at The Atlantic.
The United States has 4% of the world’s population but more than 16% of COVID-19 deaths.
Back in February 2020, reporters Rob Meyer and Alexis Madrigal from The Atlantic were trying to find solid data about the rising pandemic. They published a story that revealed a scary truth: The U.S. didn’t know where COVID-19 was spreading because few tests were available. The Centers for Disease Control and Prevention also didn’t have public data to tell citizens or federal agencies how many people were infected or where the outbreaks were happening.
Their reporting led to a massive volunteer effort by hundreds of people across the country who gathered the data themselves. The COVID Tracking Project became a de facto source of data amid the chaos of COVID-19. With case counts rising quickly, volunteers scrambled to document tests, hospitalizations, and deaths in an effort to show where the virus was and who was dying.
This week on Reveal: We investigate the failures by federal agencies that led to over 1 million Americans dying from COVID-19 and what that tells us about the nation’s ability to fight the next pandemic.This Peabody Award-nominated three-part series is hosted by epidemiologist Jessica Malaty Rivera and reported by Artis Curiskis and Kara Oehler from The COVID Tracking Project at The Atlantic.
This is an update of an episode that originally aired in April 2023.
More than four years ago, then-President Donald Trump declared an ambitious goal that had bipartisan support: ending the HIV epidemic in the United States. Now, that Trump program is one of several health initiatives targeted for substantial cuts by members of his own party as they eye next year’s elections. Pushing a slate of conservative political priorities that also takes aim at sex education…
More than four years ago, then-President Donald Trump declared an ambitious goal that had bipartisan support: ending the HIV epidemic in the United States. Now, that Trump program is one of several health initiatives targeted for substantial cuts by members of his own party as they eye next year’s elections. Pushing a slate of conservative political priorities that also takes aim at sex education…
In this story, we’ll explain what we know about the financial and conflict-of-interest disclosure requirements for Dr. Anthony Fauci, other National Institutes of Health higher-ups and members of two U.S. vaccine advisory committees.
The topic came up during a Senate hearing in June, when Republican Sen. Rand Paul of Kentucky questioned Fauci, director of the National Institute of Allergy and Infectious Diseases, about royalties paid to NIH and NIH inventors from third parties who have licensed NIH patents or inventions.
What do NIH officials have to disclose?
The NIH is one of several agencies within the U.S. Department of Health and Human Services, and the NIH itself is made up of 27 institutes and centers that conduct medical research, including the NIAID, which Fauci has directed since 1984.
Each year, Fauci and other high-ranking NIH officials are among the many federal employees required to submit a public financial disclosure report (OGE Form 278e) to their employing agency or department. Less senior officials who do not meet the pay or classification requirements for public disclosure submit a confidential report.
In 2020, the Office of Government Ethics, which oversees the financial disclosure program for employees of the executive branch, reported that nearly 27,000 people were required to submit the public report disclosing information about the assets, income and other personal financial interests of the filer, the filer’s spouse and any dependent children.
The Congressional Research Service has explained that the reports filed by “the most senior officials in the executive branch — the President, Vice President, and appointees and nominees to positions classified at Level I and Level II of the Executive Schedule — are available directly from the OGE website.” However, for NIH officials such as Fauci, the public financial disclosures are only available upon request.
In January, we wrote about the multistep process we followed to obtain one of Fauci’s reports, which required emailing the federal health department at Ethics.FinancialDisclosure@hhs.gov, and then completing and submitting OGE Form 201 to the National Institutes of Health’s FOIA office at nihfoia@mail.nih.gov. It took us one business day to receive a redacted version of Fauci’s 42-page report that covered his financial activity for 2019, which was the most recent report available at the time.
But the response time varies, based on the accounts of others who have requested the same documents from NIH.
Federal lawsenacted in the 1980s authorize government agencies, including the NIH, to license their inventions to third parties in exchange for royalties that can be used to fund additional research. A statutory formula determines the portion of the royalties that NIH institutes and centers have to share with the NIH employee, or former employee, listed as the inventor.
As Fauci indicated in his response to Paul, he and other NIH officials who must submit the financial disclosure report are not required to include details about royalty payments they have received for products or treatments they developed for the government.
“NIH inventors that receive royalties in the performance of their government duties do not have to disclose such royalties on their financial disclosure reports because they are considered income from the government,” the NIH said in a statement emailed to FactCheck.org. “If the NIH researcher is receiving royalty payments from a non-government institution where they may have worked previously, those royalties are required to be reported in financial disclosure forms and reviewed by NIH Ethics officials.”
NIH told us that it has a policy requiring the hundreds of researchers or investigators in its Intramural Research Program, including Fauci, to notify an NIH Institutional Review Board if the researcher is a recipient of government royalties related to clinical research.
“The NIH IRB will then determine whether additional measures are required to protect human subjects,” the NIH said. Those measures may include “disclosure of government royalty rights related to this research in the informed consent document, or if other circumstances exist in which there may be a financial conflict of interest, a statement that an actual or apparent conflict of interest may exist.”
What information about NIH royalties is publicly available?
Comprehensive information about royalties paid to the NIH and NIH inventors is not available online nor is it readily accessible by the public. On its website, the NIH publishes limitedinformation about the payments, such as the total amounts received by the NIH and other agencies by fiscal year, as well as how those yearly amounts were divided between the NIH and its employee-inventors.
In FY 2021, for example, the NIH received more than $108 million in royalities and NIH inventors received a little over $11 million, according to NIH figures.
More detailed information is hard to come by, even for organizations that file requests under the Freedom of Information Act.
In early May, OpenTheBooks.com, a self-described government watchdog organization, said it had to pursue legal action to get the NIH to release thousands of pages of documents on royalties paid to the agency. But the group said the documents it has received thus far — covering royalties paid between September 2009 and September 2014 — were heavily redacted, excluding important information about which parties paid the royalties, which inventions the royalties were for, and the individual amounts paid to the NIH inventors.
“This makes the court-mandated production virtually worthless,” Adam Andrzejewski, the organization’s founder and CEO, wrote in the May 9 report.
But the redactions are necessary, the NIH has argued.
In another emailed statement, the agency said: “Detailed information about royalties received by NIH and NIH inventors named on [U.S. government] owned patents is considered Confidential Commercial Information and is appropriately withheld from disclosure under FOIA exemptions 3 and 4.” Exemption 3 allows for the withholding of information prohibited from disclosure by another federal law, and Exemption 4 protects trade secrets and commercial or financial information obtained that is privileged or confidential.
In a 2020 report, the Government Accountability Office recommended that the NIH provide more information to the public about the licensing of its intellectual property.
What are the requirements to serve on the CDC’s Advisory Committee on Immunization Practices?
The Advisory Committee on Immunization Practices is a federal advisory committee with 15 voting members, eight members from federal agencies related to immunization programs and 30 liaison representatives from professional organizations. The committee writes recommendations for the administration of vaccines for adults and children, and provides advice and guidance to the Centers for Disease Control and Prevention on vaccine safety.
Members of federal advisory committees, such as the ACIP, are considered Special Government Employees. That is, employees of the executive branch appointed to perform services for a limited amount of time. SGEs are required to file financial disclosure statements and are subject to federal law (18 U.S.C. §208) that prohibits them from participating “in matters in which, to their knowledge, they, their spouse, minor child, or organization has a financial interest.”
According to the committee’s policies and procedures document, ACIP members need to consent to these requirements during their four-year term:
ACIP Policies and Procedures, June 2022
No member, his or her spouse, or a member of his or her immediate family can be directly employed by a vaccine manufacturer or its parent company.
Members cannot hold stock in any vaccine manufacturer or its parent company in excess of the OGE de minimus amounts [thresholdvalues established by the OGE]. Members also agree that they, their spouse and minor children will not purchase such stock during their tenure on the committee.
Members cannot be holders of or otherwise be entitled to royalties or other compensation for a patent on a vaccine product or process, immunologic agent, adjunct or preservative that can be used for a vaccine that may come before ACIP during the anticipated term of appointment under consideration.
Members agree to resign any advisory or consulting roles, whether paid or unpaid, to a vaccine manufacturer (except participation in clinical trials or service on data monitoring boards) and to forego such consultation or membership on any vaccine manufacturer advisory committees (except participation in clinical trials or service on data monitoring boards), during his/her tenure on ACIP.
Members forego solicitation or acceptance of funds from vaccine manufacturers on behalf of themselves or others.
During their tenure on ACIP, members do not serve as a paid litigation consultant or expert witness in litigation involving a vaccine manufacturer.
Members do not accept honoraria or travel reimbursement with a funding source from a vaccine manufacturer for attendance at scientific meetings, with the exception that they may receive travel reimbursement for CME [Continuing Medical Education] presentations where the source of funding is an unrestricted grant to the CME provider by a vaccine manufacturer.
What do they have to disclose?
ACIP voting members are required to file an annual financial disclosure statement with the Office of Government Ethics.
The report — OGE form 450 — is confidential and must include assets greater than $1,000 for the member, spouse and dependent children; sources of earned income, honoraria and other non-investment income for the preceding 12 months; liabilities that exceeded $10,000 for the member, spouse and dependent children as of the date of filing; all positions held during the last year, and agreements and arrangements with former or future employers as of the date of filing. Those renewing a disclosure report are also required to disclose gifts and travel reimbursements over $166 and totaling more than $415 from “any one source” for themselves, their spouses and dependent children.
The CDC can “determine whether the need for the individual’s services outweighs the potential for conflicts of interest created by the financial interests involved” and issue limited waivers, in accordancewithregulations by the OGE. According to ACIP’s policies, limited waivers “generally allow members to fully participate in committee discussions related to waived interests, with the condition that they will be prohibited from voting on such matters.”
Is it publicly available?
As we said, ACIP members’ financial disclosure statements are confidential, unlike those required for more senior officials in the executive branch, which are public.
But voting ACIP members are required to publicly disclose “all vaccine-related interests and work, including participation in clinical trials” at the opening of each meeting and prior to any vote. The ACIP holds three regular public meetings each year, plus emergency sessions. The public can view videos of those meetings, going back to June 2013 on the ACIP channel on YouTube.
According to the CDC, at several meetings during the coronavirus pandemic one ACIP member, Dr. Wilbur Chen, disclosed that his institution, the University of Maryland, received support from Emergent BioSolutions for the development of a different vaccine (shigella). Emergent is a biotechnology company based in Maryland that ruined millions of COVID-19 vaccine doses at a manufacturing plant because of cross-contamination. “This was disclosed although was not determined to be a conflict,” the CDC told us in an email.
What about royalties?
As we said, one of the conditions of ACIP membership is that members can’t be holders of or entitled to royalties or compensation for a patent for vaccine products or processes that “may come” before the ACIP during their tenure. And although a waiver could be granted if the need of a member’s services outweighs the potential conflict of interest, the CDC told us that it “has not provided a waiver based on a patent since these policies and procedures were first drafted over 20 years ago.”
What about the FDA’s Vaccines and Related Biological Products Advisory Committee?
The Vaccines and Related Biological Products Advisory Committee is one of 31 committees used by the Food and Drug Administration to get independent expert advice on different issues. The VRBPAC, composed of 15 voting members, reviews and evaluates data on the safety and effectiveness of vaccines and other biological products intended to prevent, treat or diagnose diseases.
The FDA privately screens members of all advisory committees before every meeting, requiring them to provide information of their financial interests to detect potential conflict of interests. The agency evaluates “potentially disqualifying interests or relationships” before meetings and make changes to the rosters if needed, an FDA spokesperson told us in an email.
“For the VRBPAC meetings focused on the COVID-19 vaccine EUAs, the FDA screened and cleared all committee members and consultants for any relevant disqualifying interests or relationships, per our established standard practice, prior to their participation,” the FDA’s Abby Capobianco wrote.
What do they have to disclose?
VRBPAC members are also considered Special Government Employees, and therefore are required to file financial disclosure reports. But instead of filing OGE Form 450, members of FDA advisory committeesusean alternate confidential financial disclosure report —FDA Form 3410— which they have to file prior to each meeting.
The report asks members to disclose any involvement or financial link that they, their family, their employer or other organization they are associated with have with the products or issues to be discussed at the meeting. Those include current investments, employment or grants, and also past financial interests or other involvements. The FDA then reviews the reports to determine if there is any direct conflict of interest with the issues to be discussed in the meetings, or something that may create the “appearance” of a lack of impartiality.
If the FDA determines there is a “direct and predictable effect” on a member’s financial interests, he or she will not be able to serve on the FDA advisory committee for that matter. The FDA can grant the member an exception or a waiver to serve on the advisory committee if the FDA determines the conflicts of interests “are too remote or too inconsequential to affect the integrity of the services” or if the need for the member’s services “outweighs the potential for a conflict of interest.”
Is it publicly available?
No, the reports are confidential.
What about royalties?
FDA Form 3410requires members to disclose patents, royalties and trademarks and indicate if they are related to the products, indications or issues to be discussed at the upcoming meeting. If they are related, the member is required to indicate the income received. The FDA then reviews the information for conflicts of interest, as we described above.
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New COVID-19 infections are once again on the rise across the United States, according to the Centers for Disease Control and Prevention (CDC). COVID deaths in the U.S. have now reached the 1 million mark, a figure widely regarded as an undercount.
The steady increase in COVID cases underscores the perilous wrongheadedness of the recent decision by Kathryn Kimball Mizelle, the federal district court judge in Florida who struck down the national transportation mask mandate on April 18.
“The majority opinion is a result searching in vain for a plausible reason,” California Supreme Court Justice Allen Broussard wrote in 1988, dissenting from a poorly reasoned majority decision in People v. Guerrero, that broadened the factors a judge could consider when imposing a sentencing enhancement. Broussard’s statement also aptly describes the recent decision by Mizelle, who likewise reasoned backward by amassing reasons for her pre-ordained result.
Shortly after taking office, Joe Biden asked the CDC to impose a travel mask mandate to check the spread of the COVID virus. The CDC complied and imposed a mandate on February 3, 2021. For 14 months, people traveling by aircraft, train, road vehicles, and other forms of transportation and through transport hubs were required to wear masks. The CDC extended the mandate several times to give public health experts time to determine whether it should be continued.
As of April 17, the day before Mizelle’s decision, new COVID infections were averaging over 37,000 cases daily, up 39 percent from two weeks prior, according to a New York Times database.
Nevertheless, Mizelle’s ruling allows individual airlines and transit agencies to decide for themselves whether to require masks. By the end of the day on April 18, the country’s largest airlines and the Amtrak rail system had shelved their mask mandates. Some pilots announced midflight that people could remove their masks, much to the shock of many immunocompromised people and those traveling with unvaccinated young children.
The lawsuit in which Mizelle ruled was filed in July 2021 against the Biden administration by two individuals and the anti-COVID regulation organization Health Freedom Defense Fund. The two individuals claimed they suffered from anxiety and panic attacks caused by wearing masks.
In voiding the mandate, Mizelle set forth a bizarre interpretation of the authority Congress granted the CDC to promulgate rules to prevent the spread of communicable diseases, writing that “the Mask Mandate exceeds the CDC’s statutory authority.” In her 59-page ruling, Mizelle held that the CDC overreached the bounds of its authority under the Public Health Services Act of 1944 when it imposed the transportation mask mandate.
A Trump appointee and former clerk to Clarence Thomas (whom she called “the greatest living American”), Mizelle was rated not qualified by the American Bar Association before she was confirmed by Republican senators in a November 2020 party-line vote.
Her lack of qualification is clear, judging by her misinterpretation of the Public Health Services Act. The act empowers the CDC “to make and enforce such regulations as in [its] judgment are necessary to prevent the introduction, transmission, or spread of communicable diseases from foreign countries into the States . . . or from one State . . . into any other . . . State.” The statute lists examples of this authority, stating that the CDC “may provide for such inspection, fumigation, disinfection, sanitation, pest extermination, destruction of animals or articles found to be so infected . . . and other measures, as in [its] judgment may be necessary.”
Requiring masks is a “sanitation” measure, the Biden administration argued, because it keeps the air cleaner. But Mizelle consulted dictionaries and word usage in the 1940s to conclude that sanitation requires active cleaning and masks “clean nothing.”
Although Mizelle quoted the CDC’s finding that masks are “one of the most effective strategies available for reducing COVID-19 transmission,” she substituted her own construction of the act for the CDC’s. Mizelle refused to defer to the CDC as required by the Chevron deference doctrine, which requires a court to accept an agency’s interpretation of a statute when the statute is ambiguous and the agency’s interpretation is reasonable.
Instead, Mizelle relied on the “major questions” doctrine, which holds that agencies such as the CDC cannot decide questions of “vast economic or political significance” unless Congress specifically authorizes it. Right-wing judges often use this flawed doctrine to limit the power of the government to protect peoples’ rights.
Mizelle concluded that the mask mandate violated the Administrative Procedures Act (APA) which requires granting the public advance notice and the opportunity to comment before an agency promulgates a rule. She rejected the “good cause” exception to the notice and comment requirement in spite of the COVID emergency. Mizelle dismissed as insufficient the CDC’s claim that the mask mandate is in “the public interest,” which is one of the factors included in the APA’s definition of “good cause.” She wrote that “[t]he only reason” cited by the CDC for the mask mandate is “the public health emergency caused by COVID-19.”
Astoundingly, Mizelle noted, “The Court accepts the CDC’s policy determination that requiring masks will limit COVID-19 transmission and will thus decrease the serious illnesses and death that COVID-19 occasions,” but she then concluded that this doesn’t amount to “good cause.”
Stressing that the mandate “would constrain [the public’s] choices and actions,” Mizelle chose the freedom of travelers like plaintiff Ana Daza who have “anxiety aggravated by wearing a mask” over the COVID public health emergency.
On April 20, the CDC issued a statement asking the DOJ to appeal Mizelle’s ruling. “It is CDC’s continuing assessment that at this time an order requiring masking in the indoor transportation corridor remains necessary for the public health,” the agency wrote. “CDC continues to recommend that people wear masks in all indoor public transportation settings…. When people wear a well-fitting mask or respirator over their nose and mouth in indoor travel or public transportation settings, they protect themselves, and those around them, including those who are immunocompromised or not yet vaccine-eligible, and help keep travel and public transportation safer for everyone.”
Accordingly, on April 20, the DOJ filed a notice of appeal of Mizelle’s ruling. Inexplicably, the DOJ did not request a temporary pause on Mizelle’s sweeping decision pending appeal.
The conservative U.S. Court of Appeals for the 11th Circuit will hear the appeal, which could take several months. Ultimately, the case could end up at the Supreme Court. The outcome could have long-lasting significance: A federal district court ruling does not constitute binding precedent, but a court of appeals ruling and, of course, a Supreme Court ruling would.
“This sets up a clash between public health and a conservative judiciary, and what’s riding on it is the future ability of our nation’s public health agencies to protect the American public,” Lawrence O. Gostin, a public health law expert at Georgetown University, told the New York Times. “The risk is that you will get a conservative 11th Circuit ruling that will so curtail C.D.C.’s powers to fight Covid and future pandemics that it will make all Americans less safe and secure.”
Gostin also said, “If CDC can’t impose an unintrusive requirement to wear a mask to prevent a virus from going state to state, then it literally has no power to do anything.”
On May 3, the day the most recent extension of the mask mandate expired, the CDC issued a new recommendation that all individuals 2 years and older wear masks “in indoor areas of public transportation (such as airplanes, trains, etc.) and transportation hubs (such as airports, stations, etc.).” The CDC recommended that people wear masks “in crowded or poorly ventilated locations, such as airport jetways.”
But because one right-wing federal judge issued a nationwide injunction against the transportation mask mandate, the CDC could only recommend wearing masks to protect the American people against COVID, as opposed to requiring it.
Hopefully the 11th Circuit will reverse Mizelle’s decision. But if the appellate court affirms her ruling and the case is appealed to the Supreme Court, the right-wing majority may well uphold Mizelle’s decision and dangerously constrain the power of the CDC to safeguard our health. Meanwhile, we travel at our own risk.
The Biden administration is considering delaying the repeal of Title 42, a restrictive immigration policy that has allowed federal agents to turn away and expel millions of asylum seekers at the border under the guise of public health.
President Joe Biden’s inner circle has been discussing extending the policy for an indeterminate amount of time and he is reportedly facing pressure from moderate Democrats like Sen. Chris Coons (D-Delaware) to do so. Earlier this month, the Centers for Disease Control and Prevention (CDC) announced that the administration is planning to end its use of the policy on May 23, saying that it’s no longer necessary due to current public health conditions.
The news sparked frustration among immigration advocates, who are already aggrieved that Biden has kept the policy, originally invoked by Donald Trump in March of 2020, for so long into his tenure.
“Unacceptable. Shame on the Biden Administration and Democrats for trying to keep this racist sham public health order alive,” wrote Refugee and Immigrant Center for Education and Legal Services (RAICES) on Twitter.
Late last month, a group of 87 immigrant advocacy organizations led by the Haitian Bridge Alliance and Immigration Hub wrote a letter to the Biden administration saying that the “ongoing use of Title 42 undermines our trust in the administration,” especially since the administration had considered rescinding the order last summer but ended up extending it.
Immigration advocates have called Title 42 a “failed,” racist policy that serves only to hurt the most vulnerable people at the border. It has caused a crisis at the nation’s southern border, endangering thousands — if not millions — of people who are risking their lives to seek safety in the U.S. Even before the news broke that the administration was considering extending the policy once again, immigration advocates were skeptical that the policy would be repealed in a way that wouldn’t cause further harm to asylum seekers.
“The announcement to terminate Title 42 is long overdue,” Haddy Gassama, UndocuBlack Network’s national director of policy and advocacy, told Prism earlier this week. “Organizations such as UndocuBlack and Haitian Bridge Alliance and many others have been pushing for the end of this policy for pretty much the two years since its inception. But, we weren’t able to celebrate immediately because there were so many questions around the implementation of that termination and what it would look like.”
Title 42 is supposed to be used only when there is a dire need to protect public health, but public health experts say that there isn’t any evidence that the policy actually helps to stop the spread of COVID-19.
Meanwhile, public health experts say that moves like lifting the federal mask mandate for air travel, as a federal judge’s ruling did on Monday, could help spread the virus and is against public health principles — but the Biden administration has been waffling on whether or not it will appeal that ruling.
Instead, immigration advocates say it’s clear that the use of Title 42 is political, rather than public health related.
“There is not even an attempt at pretext anymore that Title 42 is anything other than a political measure attempting to set immigration policy. But that’s not legal. At all,” explained Aaron Reichlin-Melnick, senior policy counsel for the American Immigration Council, on Twitter. “It’s a public health law that can only be used when there is a ‘serious danger’ of ‘introducing’ a disease.”
Immigration advocates are also frustrated with conservative Democrats like Sen. Kyrsten Sinema (D-Arizona) for their support of a recent bill that would codify Title 42 into law, with RAICES dubbing it the “Stephen Miller bill,” after the Trump senior adviser who crafted much of the far right president’s racist and restrictive immigration agenda.
Sen. Bernie Sanders (I-Vermont) has introduced legislation to send N95 masks to U.S. households as the Biden administration drags its feet on plans to issue high-quality masks to all Americans.
“Today I introduced legislation, along with more than 50 of my colleagues, to produce N95 masks, one of the most effective ways to stop the spread of Covid-19, and distribute them to every American for free,” Sanders said on Wednesday.
Sanders has previously introduced similar legislation to Wednesday’s proposal. In July 2020 – just as health officials were recommending widespread mask-wearing – Sanders proposed sending high-quality, reusable masks to every person in the country through the United States Postal Service.
Recent research has found that high-quality masks like KN95s or N95s are significantly more effective at preventing spread of the virus. As such, some health officials have begun recommending that people swap out cloth masks for more protective options like a surgical mask, KN95s or N95s.
But even as lower-level health authorities have recommended better masks, the Centers for Disease Control and Prevention (CDC) has stopped short of recommending them. Recent reporting finds that the CDC is currently weighing issuing such guidance. The guidance would say that, if people can “tolerate wearing a KN95 or N95 mask all day, you should,” according to The Washington Post.
The Biden administration is also considering a plan to send high-quality masks, potentially including N95s or KN95s, to all who want them. But it’s unclear if that will come with obstacles like the administration’s recent plan to provide free at-home COVID tests nearly exclusively for people with private insurance, who would have to jump through insurer’s hoops to get reimbursements for the test costs.
Sanders has advocated for Biden to make use of the Defense Production Act, which the president can use to compel manufacturers to create medical equipment for the pandemic, to make N95s. “Not all face masks are created equal,” Sanders said over the weekend. “N95 face masks are far more effective than cloth masks in preventing the spread of COVID. We must utilize the Defense Production Act to mass produce these masks and distribute them to every household in the country.”
Indeed, if the CDC begins recommending use of high-quality masks, it would follow that the administration should take action to make such masks more readily available. Nearly two years into the pandemic, it is still difficult for consumers to discern where to purchase real N95s and KN95s, with countless fake or poorly contracted masks being sold online, largely on Amazon. The fakes are so convincing that, last year, hospitals and state governments bought millions of counterfeit masks, thinking they were made by 3M.
Another problem facing consumers is that N95s and KN95s can be expensive. Cheaper models can cost $1 or $2 a mask, and some manufacturers say that people shouldn’t wear N95s for more than a few hours at a time. Last year, the CDC recommended that health care workers only reuse N95s up to five times, storing the mask in a paper bag for at least five days between uses, and only reusing masks in times of major shortages.
Even if people follow these recommendations and wear masks a handful of times before disposing of them, the costs can add up. Compared to cloth masks, which are less protective but that many have been washing and reusing through the pandemic, workers may opt to continue using the cheaper cloth mask option over the recurring cost of N95s or KN95s.
If the government is interested in preventing spread of the virus, the government should be providing high-quality masks to the public for free or low cost, progressive lawmakers have said. Members of Congress and their staffers are reportedly set to receive KN95s in response to the Omicron variant, with no such programs announced so far for the public, with people left to fend for themselves with no additional stimulus bills coming.
Sanders’s proposal comes as COVID-19 case numbers are skyrocketing in the country, with the highest case rate by far throughout the pandemic. According to The New York Times, an average of over 761,000 people are currently testing positive for the virus each day as of Tuesday, an increase of nearly 200 percent over two weeks ago.
New cases are driven nearly exclusively by the Omicron variant. The new variant is more transmissible than previous versions of COVID, and appears to be causing higher numbers of breakthrough cases, even in people who have been fully vaccinated and boosted. In other words, masking is just as important now as it has ever been, regardless of vaccination status.
The Food and Drug Administration (FDA) expects to authorize booster shots for children ages 12-15 early next week, sources within the agency say.
Pfizer/BioNTech booster shots for young teenagers were supposed to be authorized this week, but the authorization was delayed due to holiday-related scheduling conflicts within the FDA.
If the booster shots are authorized by the FDA, the agency will share the data that led to the authorization with the Centers for Disease Control and Prevention (CDC). Boosters can be administered to children ages 12-15 within days of the final authorization by CDC director Rochelle Walensky.
Walensky has indicated that if the CDC agrees with the FDA’s findings, she will authorize the boosters immediately.
“The CDC will swiftly follow [the FDA] as soon as we hear from them, and I’m hoping to have that…in the days to weeks ahead,” she said on Wednesday.
The federal government has already authorized vaccine boosters for older teens. But many parents fear that teens ages 12-15 are still vulnerable, particularly considering the spread of the Omicron variant, which is more transmissible than other variants even among individuals who have already been vaccinated.
Data from South Africa and the United Kingdom have demonstrated the efficacy of booster shots. According to a report from South Africa, people who are vaccinated but who haven’t received their booster shot are only 33 percent protected against Omicron; getting a booster shot bumps vaccine efficacy up to 75 percent.
The hospitalization rate for children has increased substantially over the past few weeks. From December 21-27, an average of 334 children under the age of 17 were admitted to hospitals due to coronavirus per day, a 58 percent increase compared to the week before.
The effects of COVID-19 are generally less severe for children than for adults, but that doesn’t mean children who contract the virus aren’t at risk. More than 800 children in the U.S have died of coronavirus since the start of the pandemic, and the long-term effects of COVID on children have not yet been determined.
“Although we know that children are vulnerable to COVID-19, we still do not have a clear picture of how COVID-19 affects them in the long term,” Anthony Fauci, head of the National Institute of Allergy and Infectious Diseases, said in November.
“Our investigations into the pediatric population will deepen our understanding of the public health impact that the pandemic has had and will continue to have in the months and years to come,” he added.
Flight Attendant union president and labor leader Sara Nelson is criticizing the Centers for Disease Control and Prevention (CDC) for changing its guidance on quarantining for COVID-19 after business leaders asked the agency to cut its recommendations by half, potentially at the cost of public health.
Nelson, the president of the Association of Flight Attendants-CWA International, accused the CDC in a statement of making its decision to benefit businesses that may be experiencing staffing issues, rather than stemming the spread of the virus.
“We said we wanted to hear from medical professionals on the best guidance for quarantine, not from corporate America advocating for a shortened period due to staffing shortages,” Nelson said. “The CDC gave a medical explanation about why the agency has decided to reduce the quarantine requirements from 10 to five days, but the fact that it aligns with the number of days pushed by corporate America is less than reassuring.”
The statement comes after the agency cut its recommendations for quarantining due to COVID from 10 to five days even though many people may still be contagious past that period. The decision was announced shortly after Delta Air Lines CEO Ed Bastian sent a letter to CDC Director Rochelle Walensky asking her to reduce the quarantine time for vaccinated people to five days. He complained that the longer quarantine period “may significantly impact our workforce and operations.”
The CDC has denied that its decision was influenced by corporate giants. But some progressive commentators have also noted that Walensky won’t consider a vaccine mandate for airlines, in line with Bastian’s previous objections to such a requirement. Bastian said earlier this year that vaccine mandates for passengers would cause a “bottleneck” for airlines.
Ironically, though Bastian has framed the easing of pandemic restrictions as helping businesses, allowing continued spread of the virus will only prolong the pandemic, which is still suppressing the economy. The current explosion of cases — with the U.S. breaking its previous record for daily case counts this week — has caused thousands of flight cancellations domestically and internationally during the busiest travel period of the year.
It is an issue not only for travellers but also for aviation workers, who are disproportionately affected by COVID waves. Airline employees are forced to contend with rude and abusive customers who refuse to follow masking and other pandemic guidelines while being exposed to the virus at work. Indeed, airlines have attributed the spread of the Omicron variant to flight cancellations, saying that infections of staff and crew are causing shortages.
Nelson pointed out in her statement that the CDC guidance is a labor issue, and that the health of the workers, and their ability to safely recover and protect their fellow employees from the virus by staying at home, is crucial.
“If any business pressures a worker to return to work before they feel better, we will make clear it is an unsafe work environment, which will cause a much greater disruption than any ‘staffing shortages,’” Nelson warned.
“We cannot allow pandemic fatigue to lead to decisions that extend the life of the pandemic or put policies on the backs of workers,” she continued. “Already the lack of paid sick leave creates pressure on workers to come to work sick. Corporations that fail to recognize this with paid sick leave, or pressure workers to come to work sick or face discipline, are failing their workers and their customers.”
The Department of Justice (DOJ) has formally requested that a federal court lift its stay on rules from the Biden administration that require businesses with more than 100 employees to follow certain standards amid the COVID-19 pandemic.
The court had found that OSHA overreached its authority, saying that the agency only has jurisdiction on workplace safety. Because the coronavirus has spread throughout the country, OSHA couldn’t enforce rules relating to it in workplaces, the court had said.
In its emergency filing, the DOJ said that the court’s ruling was faulty.
“Congress charged OSHA with addressing grave dangers in the workplace, without any carve-out for viruses or dangers that also happen to exist outside the workplace,” the department said in its legal brief to the court.
If the Supreme Court takes up the matter, it’s unclear how it may rule on the matter. In October, the High Court let stand a state-based vaccine mandate in Maine. But it may rule in a different fashion when it comes to whether the federal government has such powers.
The emergency filing from the DOJ comes on the same day that the Centers for Disease Control and Prevention (CDC) announced new figures on the effectiveness of the vaccines. While none of the coronavirus vaccines are 100 percent effective, they do provide a great amount of protection versus not getting vaccinated, CDC director Rochelle Walensky said.
Updated data on COVID Data Tracker show ppl not vaccinated for #COVID19 are: -6x more likely to test positive, -14x more likely to die from #COVID19, & -Have 9x higher rate of COVID-19 associated hospitalization compared to those vaccinated. Get vaccinated https://t.co/bfOV5VRcgYpic.twitter.com/YoXG8G4PG4
According to the data, those who are unvaccinated are 5.8 times more likely to test positive for coronavirus versus those who are vaccinated. The unvaccinated are also nine times more likely to require hospitalization, and 14 times more likely to die of the virus, than are vaccinated individuals, the numbers from the CDC demonstrate.
After a beloved “Sesame Street” character announced on social media that he had gotten vaccinated against coronavirus, several conservative pundits and politicians denounced the public service announcement as “propaganda,” errantly claiming it would cause harm to kids.
Last week, the Centers for Disease Control and Prevention (CDC) gave children ages 5 to 11 the go-ahead to get a smaller dosage version of the Pfizer-BioNTech vaccine for protection against coronavirus. The character of Big Bird, who has been entertaining and educating children for several decades, is six years old on the show.
“I got the COVID-19 vaccine today!” the character tweeted on Saturday. “My wing is feeling a little sore, but it’ll give my body an extra protective boost that keeps me and others healthy.”
Big Bird’s tweet garnered criticism from a number of right-wing figures, including Sen. Ted Cruz (R-Texas).
The Texas Senator wasn’t the only one upset over the anthropomorphic puppet’s promotion of vaccines. A Republican running for Congress in Tennessee suggested that Big Bird would die because of the vaccine, while a Republican senator from Arizona accused the puppet of being a communist.
Fox News personality Lisa Boothe also derided Big Bird’s vaccination status. “Brainwashing children who are not at risk from COVID. Twisted,” Boothe wrote.
CDC director Rochelle Walensky called Big Bird “brave” for getting the shot.
The “Sesame Street” character has educated children on important topics in ways they can easily comprehend for generations, including vaccinations. Many Twitter users shared video clips of Big Bird getting a vaccination decades ago, long before the current pandemic began.
In May 2018, a rare and virulent strain of salmonella caught the attention of America’s top disease detectives. In less than two months, the bacteria had sickened more than a dozen people, nearly all of them on the East Coast. Many said they’d eaten chicken, and federal food safety inspectors found the strain in chicken breasts, sausages and wings during routine sampling at poultry plants.
But what seemed like a straightforward outbreak soon took a mystifying turn. Cases surfaced as far away as Texas and Missouri. A 1-year-old boy from Illinois and a 105-year-old woman from West Virginia fell ill. There was a teenager who’d just returned from a service trip in the Dominican Republic and a woman who’d traveled to Nicaragua. But there were also people who hadn’t traveled at all.
Victims were landing in the hospital with roiling stomach pains, uncontrollable diarrhea and violent bouts of vomiting. The source of the infections seemed to be everywhere.
Even more alarming was that this strain of salmonella, known as multidrug-resistant infantis, was invincible against nearly all the drugs that doctors routinely use to fight severe food poisoning.
With a public health threat unfolding across the country, you might have expected federal regulators to act swiftly and decisively to warn the public, recall the contaminated poultry and compel changes at chicken plants. Or that federal investigators would pursue the root cause of the outbreak wherever the evidence led.
None of that happened.
Instead, the team at the Centers for Disease Control and Prevention closed the outbreak investigation nine months later even though people were continuing to get sick. The U.S. Department of Agriculture, which oversees meat and poultry, was not only powerless to act but said nothing to consumers about the growing threat. So supermarkets and restaurants continued selling chicken tainted with drug-resistant infantis.
And they continue to do so today.
An eight-month ProPublica investigation into this once rare, but now pervasive form of salmonella found that its unchecked spread through the U.S. food supply was all but inevitable, the byproduct of a baffling and largely toothless food safety system that is ill-equipped to protect consumers or rebuff industry influence.
Several European countries have dramatically reduced salmonella in poultry by combating it on the farms where chickens are raised. But over the past 25 years, the U.S. has failed to bring down the incidence of salmonella food poisoning — even as the rates for E. coli and other bacteria have fallen dramatically.
Consumers may get the impression that the meat and poultry they find at supermarkets is safe because it bears the USDA seal of approval. But the agency doesn’t prohibit companies from selling chicken contaminated with dangerous salmonella like infantis. And even when people get sick, it has no power to order recalls.
Instead, the agency relies on standards it can’t enforce and that don’t target the types of salmonella most likely to make people sick. The USDA’s Food Safety and Inspection Service, unlike its counterparts in some countries, has no authority to control salmonella on farms, where the bacteria often spreads. And even when there’s persistent evidence of contamination in a plant’s products, the USDA can’t use those findings to suspend operations. All the agency can do is conduct a general review of the plant, and that rarely leads to a shutdown.
“It’s a system that’s untenable,” said Sarah Sorscher, a consumer advocate at the Center for Science in the Public Interest.
Last week, after repeated interview requests from ProPublica and years of criticism from consumer groups, the USDA announced that it was rethinking its approach to salmonella. The agency didn’t announce any concrete changes but said it would set up pilot projects and hold meetings in an effort to come up with a plan.
“Whether it should have been done sooner or could have been done sooner, the good news is we’re doing it,” said Sandra Eskin, the agency’s deputy undersecretary for food safety. “We’re going to really take a look at everything we could look at and, I hope, develop a different approach that winds up being more effective.”
Scientific advancements over the last decade have provided the USDA with tools to identify the most dangerous strains of salmonella. But the agency isn’t using those tools to prevent it from spreading in our food supply.
To piece together how food safety officials and the poultry industry allowed infantis to spread, ProPublica used the same genetic data available to the USDA and other agencies, analyzing seven years of infantis samples taken from food and patients and catalogued by the National Institutes of Health.
Through dozens of public records requests, ProPublica was then able to link the genetic information on those 8,000 samples to the foods that victims ate and the processing plants the chicken samples came from.
The analysis, along with hundreds of internal government records and interviews with nearly two dozen scientists, allowed us to uncover that the infantis outbreak never abated and has continued to run rampant through the chicken industry.
In fact, ProPublica found that more than twice a day this year, on average, USDA inspectors detected multidrug-resistant infantis in poultry that’s genetically similar to the outbreak strain. Each month, the CDC continues to receive dozens of reports of people getting sick from it.
“Many people are still becoming ill, and some of them gravely ill,” Robert Tauxe, director of the CDC’s Division of Foodborne, Waterborne and Environmental Diseases, told ProPublica.
One internal CDC presentation noted that this single strain is “responsible for an estimated 11,000-17,000 illnesses per year.” But the CDC is limited in its ability to protect American consumers from foodborne illnesses. It has no power to order companies to take action or to provide information that would help it solve outbreaks.
And the CDC, despite noting that the strain was “widespread in the chicken industry,” took the spotlight off infantis when it closed its outbreak investigation in February 2019. Tauxe said the investigation ended because the agency had learned as much as it could. “That does not mean that the outbreak was over,” he said. “In fact, we think it may still be expanding.”
As the CDC has contended with infantis, the agency has held several private meetings with the chicken industry, which has publicly downplayed the threat of the strain and its ability to do something about it.
But since closing the investigation, neither federal health officials nor the USDA has said anything to consumers about what the CDC quietly regards as an “epidemic.”
Marva Lamping knew none of this in July 2019 when she took her longtime partner, Arthur Sutton, out to celebrate his 70th birthday at their favorite Mexican restaurant in Bend, Oregon. As Lamping tested her luck at the restaurant’s video slot machines, Sutton snacked on chips and salsa while waiting for a platter of chicken enchiladas.
That night, Sutton began vomiting repeatedly, his stomach aching so badly that he couldn’t lay down. By the next morning, the pain was unbearable, and Lamping rushed him to the emergency room.
At the hospital, doctors would discover that Sutton’s intestines were leaking. Again and again, surgeons opened his abdomen to repair the tears and cut out dead segments of his bowels.
Doctors had quickly identified the cause of Sutton’s ailments as salmonella. But for reasons they couldn’t understand, his body was wasting away.
None of the antibiotics were working.
Missed Opportunities
As sudden as the infantis outbreak seemed to investigators at the CDC, it wasn’t the first time the government had seen this strain, known as Infantis Pattern 1080. In the three years before the outbreak started, USDA inspectors had found the strain 74 times. But they could do nothing to stop the chicken from going to supermarkets and restaurants nationwide.
By the summer of 2018, people all over the country were falling ill. And as investigators studied the cases, clues soon emerged from the USDA, which oversees meat and poultry, and the Food and Drug Administration, which regulates almost all other foods.
The FDA had received a complaint that a dog had recurring diarrhea after eating raw pet food, and samples of chicken-and-vegetable dog food tested positive for multidrug-resistant infantis. A few months later, a Chicago woman fell sick with the outbreak strain after feeding her dog the same brand. Could the pet food be the source of the outbreak? Possibly, but not all the victims had a dog.
There was another lead. Victims reported eating Perdue Farms chicken more than any other brand. Public health officials in Pennsylvania and Minnesota found the outbreak strain in packages of Perdue wings, thighs and drumsticks in three supermarkets. And when USDA inspectors found the strain in raw chicken, more than a quarter of the samples came from Perdue plants.
The FDA’s investigation had quickly led to a pet food recall. But while the FDA prohibits salmonella in the foods it oversees — including dog and cat food — the USDA allows it in raw meat and poultry destined for human consumption.
When people fall ill, the USDA can only request that a company voluntarily recall its products. But to do even that for salmonella, regulators face a high bar: To ensure a strong case, they’re expected to try to find a patient with an unopened package of meat that tests positive for the same strain that made the outbreak victims sick.
“Often, by that time, most of the meat that’s going to be eaten has been eaten,” said Sorscher of the CSPI.
In June 2018, what could have been a key piece of evidence surfaced. An Illinois victim who’d been hospitalized told investigators that he still had a package of Perdue chicken tenders in his freezer. The USDA could have tested the package, but nobody ever went out to collect it, he said.
Perdue did not respond to more than a dozen calls and emails seeking comment, and it didn’t answer questions sent to top company officials.
Wade Fluckey, Perdue’s senior director of food safety at the time, told ProPublica that the company was targeted because Perdue has better brand recognition than other chicken companies, which skewed patient interviews.
“I don’t know that any one company could say they didn’t have it,” said Fluckey, now a vice president at a pork processor. “Had they focused on other places, they would have found the same thing.”
While no company showed up more frequently than Perdue, food inspectors were finding the Pattern 1080 strain in dozens of chicken processing plants as well as raw pet food and live chickens. To investigators, that was unusual because it meant that the salmonella couldn’t have come from a single company or chicken product. It had to be coming from somewhere upstream in the supply chain — perhaps the farms or the few companies that breed nearly all the nation’s chickens.
The country’s antiquated meat safety system virtually ensured it would be no match for a germ like infantis.
The USDA operates under a law passed in 1906, where inspectors physically examine every carcass for signs of animal disease, illegal additives and spoilage. The system didn’t account for invisible pathogens like salmonella and E. coli, which had not yet been linked to eating meat.
That did not change until 1994 after four children died from eating Jack in the Box hamburgers. The USDA made it illegal to sell meat tainted with a strain of E. coli called O157:H7. But it didn’t ban salmonella despite a series of high-profile outbreaks in chicken. Instead, the USDA required processing plants to limit how often salmonella was found on their products and began testing for it. Plants that repeatedly violated these standards faced a shutdown.
That powerful threat didn’t last long. In 1999, a Texas meat processor challenged the USDA’s authority to close plants, arguing that salmonella “appears naturally” in raw meat. Two years later, the 5th U.S. Circuit Court of Appeals agreed that Congress hadn’t given the agency the power to regulate salmonella that’s present before products enter processing plants or to deem a facility unsanitary based on the bacteria alone.
The decision, Supreme Beef Processors v. USDA, has left the agency gun-shy, according to former department officials and food safety advocates. And Mansour Samadpour, a microbiologist who runs a testing and consulting firm that works with the food industry, said the decision distorts the underlying science. Just because salmonella “colonizes” chickens’ guts doesn’t mean it’s “the natural state of the animal,” he said. “It’s nonsense.”
The court ruling severely clipped the USDA’s powers. So it has tried to pressure plants to improve by creating standards for how often salmonella should be found. Plants are rated on the results, which are published online. Violating those standards doesn’t carry a penalty, but it allows the agency to visit the plant and look for more general problems like unsanitary conditions. If they can document significant problems, the USDA can temporarily shut down the plant, though the agency rarely takes such action.
Today, food poisoning sickens roughly 1 in 6 Americans every year, according to the CDC, and salmonella hospitalizes and kills more people than any other foodborne pathogen. Each year, about 1.35 million people get sick from salmonella. While most recover, more than 400 people die and 26,500 people are hospitalized. Some are left with long-term conditions like severe arthritis and irritable bowel syndrome. Salmonella costs the economy an estimated $4.1 billion a year, more than any other type of food poisoning.
Salmonella outbreaks have been linked to other foods likeonions, but poultry remains the biggest culprit, and people are eating more of it than ever. On average, people in the U.S. eat nearly 100 pounds of chicken each year, a number that has grown by about 40% in the last 25 years.
Cooking poultry to an internal temperature of 165 degrees will kill salmonella. But studies by the USDA and others have found that despite decades of consumer education, home cooks routinely cross-contaminate their kitchens, and few use a meat thermometer to ensure their poultry is cooked properly.
Illnesses haven’t declined even as salmonella rates in raw poultry have. And infections are getting harder to treat. The CDC recently found that salmonella infections were becoming increasingly resistant to antibiotics. In contrast, food poisoning related to E. coli O157:H7 has dropped by about 70%.
Consumer advocates, industry consultants and former USDA officials say that’s because the agency focuses solely on whether salmonella is found in chicken or turkey at the processing plant.
This approach has been criticized for years. One former meatpacking executive called it “worthless.” Even the USDA’s own research arm has said the agency’s measure for salmonella is “not a good indicator” of food safety.
The USDA doesn’t consider two key risk factors: how much salmonella is in the poultry and how dangerous that type of salmonella is. There are 2,500 types of salmonella, but only a fraction cause the vast majority of illnesses.
The industry has greatly reduced the prevalence of one common type of the bacteria, known as salmonella Kentucky, which rarely causes illnesses in the U.S. But it’s made far less progress with the types of salmonella most likely to make people sick, the ProPublica analysis found.
The rate of infantis, for example, has more than quintupled over the past six years.
The full extent of the salmonella problem isn’t even known. The agency does little testing for salmonella to begin with. On an average day in 2020, the USDA took about 80 samples of raw poultry across hundreds of processing plants. But those plants slaughter more than 25 million chickens and turkeys a day.
In recent years, consumer advocates have recommended the agency ban the sale of raw meat carrying the types of salmonella that most often make people sick. That approach has contributed to improvements in Europe. In the U.S., the FDA has seen a dramatic decrease in salmonella outbreaks tied to eggs since the 1990s when it began targeting the most common type.
Last month, a few of the largest poultry companies, including Perdue and Tyson, joined with the CSPI and other consumer advocates to urge the USDA to fix the system. But the letter to the agency didn’t outline specific reforms, and a consensus on salmonella regulations has long proved elusive.
The last push came during the Obama administration, but citing the need for more data, the USDA rejected a proposal to ban certain antibiotic-resistant strains. The agriculture secretary at the time was Tom Vilsack, who now leads the agency again under President Joe Biden.
As the food safety project director for the Pew Charitable Trusts before joining the USDA, Eskin also pushed for reform, but her efforts were met with resistance. With food safety directors from some of the largest companies, she helped craft recommendations to Congress to modernize the meat safety system, including setting new limits on salmonella contamination and giving regulators oversight of farms.
The group sought to enlist trade associations, which represent not only the biggest players but hundreds of other companies. But when it comes to regulation, divergent interests often leave the trade groups lobbying for the lowest common denominator. “They shut us down,” she said in an interview before taking her government post. “They’re the ones that blocked us — not the companies, the trade associations.”
Asked what was standing in the way of change, she said, “I’ll make it simple: Powerful interests in the industry do not want it.”
“We Are Basically Only Talking About Protecting Industry”
Just months before the infantis outbreak started, the USDA gathered representatives from the food industry, researchers and regulators at the agency’s brick-and-limestone headquarters in Washington to discuss a scientific breakthrough that one participant called the “biggest thing” for food safety in 100 years.
Whole-genome sequencing had given food safety researchers an unprecedented look at the DNA of foodborne bacteria. New technology, known as “next-generation sequencing,” was creating a trove of new information and revealing connections that could help investigators stop outbreaks before they spun out of control.
As stakeholders took turns presenting slides in the wood-paneled auditorium, some spoke of the possibility that genome sequencing might help solve the stagnant rate of salmonella poisoning.
The new technology would help identify pathogens in foods like raw flour, peaches and romaine lettuce that were once rarely seen as sources of outbreaks.
While whole-genome sequencing couldn’t confirm the source of an outbreak without additional evidence, it provided powerful clues about the bacteria’s genetic history that could point epidemiologists in the right direction.
But for all the potential, much of the conversation that day in October 2017 centered on how to make this scientific breakthrough palatable to industry. Trade groups had requested the meeting, and they voiced concerns about how the new tool could be used for enforcement or might inaccurately connect companies’ products to outbreaks. Speakers, including USDA officials, emphasized the importance of proceeding with caution. They discussed strengthening firewalls to keep testing data private and establishing “safe harbors” from USDA enforcement.
During a roundtable discussion, one representative from the United Fresh Produce Association raised concerns about the idea of companies sharing genome sequencing data with the government. “I think right now, it’s viewed as very one-sided,” she said. “We see the benefit to the agencies, but it’s less clear how a company would directly benefit.”
The industry’s influence wasn’t lost on regulators. Former USDA officials hold key posts at some of the food industry’s biggest companies. Indeed, two people who led the 2017 meeting for the agency now work for the food industry.
Sitting in the auditorium, Jørgen Schlundt, the former head of food safety for the World Health Organization, was growing increasingly frustrated. Schlundt had helped achieve dramatic reductions in salmonella in Denmark while working for the country’s food agency.
“I understand that I’m in the U.S., but surely this must also be about protecting consumers,” he told the audience. “We are basically only talking about protecting industry here. I thought that this was, the basic purpose was to protect consumers, avoid American consumers and other consumers from dying from eating food.”
While the USDA tiptoed around the new technology, whole-genome sequencing, which is now used to solve criminal cases and track COVID-19 variants, would prove pivotal to the CDC’s infantis investigation.
As the infantis outbreak spread, epidemiologists noticed something unusual: The outbreak strain, Pattern 1080, carried an unusual combination of antibiotic-resistance genes that looked similar to another strain they’d seen before, Louise Francois Watkins, an epidemiologist at the CDC, said in an interview.
At the time, the CDC was still using a method called pulsed-field gel electrophoresis, or PFGE, which produced barcode-like patterns from the bacteria’s DNA that scientists used to connect cases. So the investigators asked the lab to line up the patterns and compare the two strains.
“And sure enough,” Francois Watkins said, the strains were so similar, they differed by “only a single band” of the barcode. With that clue, they decided to analyze the strains using whole-genome sequencing.
That allowed scientists to compare the individual building blocks in the genomes of bacteria. And the infantis investigators discovered that not only were the two strains genetically similar but that PFGE was masking the scope of the problem.
In fact, Pattern 1080 was just one wave in a much larger surge of drug-resistant infantis — one that had been detected nearly a decade ago in Israel and was now circulating worldwide in countries as far apart as Italy, Peru and Vietnam.
One of the reasons the U.S. variant is so concerning is that it typically carries a unique gene that makes it especially hard to treat.
“It’s resistant to four of the five antibiotics that are commonly recommended for treatment,” Francois Watkins said. “The antibiotics that your doctor is going to pick when they suspect you have a salmonella infection are pretty likely not to be effective.”
The strain is also a major public health concern because it has the ability to pass those genes to other bacteria, adding to the growing global problem of antibiotic resistance.
“We don’t want to see resistance climbing in our food supply because it’s not going to stay in that one space,” Francois Watkins said.
Whole-genome sequencing had helped investigators discover that the outbreak was actually a widespread problem in the country’s chicken supply.
But even with these new revelations, public health officials still lacked one of the most basic tools to control the strain.
“A Gap in Our Regulations”
CDC investigators knew that infantis was spreading in chickens long before the birds arrived at the slaughterhouse. But enlisting the USDA’s Food Safety and Inspection Service would be a dead end because the agency has no regulatory authority over farms. The USDA can only force farms to take measures when animals get sick, not when humans do.
That also made it difficult for the CDC investigators to pursue leads involving breeders and feed suppliers to trace back how dangerous bacteria got into the food supply.
“That’s a gap in our regulations,” Tauxe of the CDC said.
Nearly all the chickens we eat descend from birds bred by two companies, Aviagen and Cobb-Vantress, a subsidiary of Tyson Foods. This breeding process has allowed consumers to walk into any grocery store and find chicken of the same quality. But that pyramid structure also makes it possible for salmonella to circulate since the bacteria can be transferred from hens to their offspring, and a single breeding flock might produce 3 million chickens over several years. (Both companies declined to comment.)
And nearly every step of their journey from chicken house to our plates presents an opportunity for salmonella to spread.
When chickens are raised in crowded conditions, bacteria can proliferate through close contact, contaminated feed and communal water, and pests or farmworkers’ boots as they move between flocks. Salmonella can also develop in poultry litter, the organic material like sawdust that’s spread on chicken house floors. As time passes, it becomes increasingly soaked in excrement, serving as a “reservoir of salmonella contamination,” according to the USDA. In some countries, such as Sweden and Mexico, the bedding is typically changed after every flock, or about every five to seven weeks. But in the U.S., the litter is treated and turned over but often changed only once a year, according to the Agriculture Department.
As far back as 2005, the USDA has held public meetings exhorting the poultry industry to take steps at the farm. It has recommended that farmers change or chemically treat the litter between flocks, use traps and bait to eliminate pests and vaccinate hens and chicks against salmonella.
Denmark, Sweden and Norway have largely eradicated salmonella on farms by keeping chicken houses clean, frequently testing the birds and destroying infected breeding flocks.The United Kingdom has dramatically reduced salmonella illnesses by pressuring the industry to vaccinate.
The structure of the U.S. chicken industry makes it ideally suited to implement such interventions. The same company that slaughters the chickens often owns the hatchery and feed mill, and it contracts with farmers to raise the chickens to its specifications. The catch is that because companies are essentially doing business with themselves, there’s little incentive for any of them to press others to reduce salmonella, the industry consultant Samadpour said.
“If it was four or five different companies,” he said, “the processing plant would tell the farms, ‘If you are more than so much positive, you can’t send it here,’ the farm would tell the hatchery, ‘If the chicks coming in are positive, we are not going to take them.’ They would tell the feed mill that if the feed is contaminated with salmonella, ‘We are not going to bring it in.’ Can you do that? No, it all belongs to you.”
Because more isn’t done on the farm, the birds’ skin and feathers are often highly contaminated with salmonella by the time they reach the processing plant, according to the USDA. And in the plant, there are many ways bacteria can spread.
To loosen their feathers, chicken carcasses are dunked into a tank of scalding water. This step can remove dirt and feces. But if the water isn’t managed properly, it becomes fetid, spreading bacteria among the birds. Next, mechanical rubber fingers pluck the feathers, a process that also dislodges feces and massages dirty water into the now-open follicles.
When the birds’ internal organs are removed, they can rupture, spilling intestinal contents onto machinery.
One of the main ways processing plants fight salmonella is the chiller. Here, a bubbling tank of near-freezing water and chemicals decontaminates the birds and reduces their temperature to limit bacterial growth. But researchers say salmonella survives when plants overload the chiller with carcasses.
Birds can be further cross-contaminated when workers cut carcasses into breasts, legs and wings. The USDA recommends workers wash their hands and sanitize knives between each bird. But workers often have a few seconds to make each cut.
Ground chicken, which has become increasingly popular, is especially prone to contamination. Meat sent to the grinder comes from multiple birds, increasing the chance of cross-contamination. The fine texture of ground chicken can also get caught in small pieces of equipment, potentially tainting multiple batches.
While salmonella is found in 8% of the chicken parts tested by the USDA, 25% of ground chicken samples contain the bacteria.
And when the USDA tested for salmonella during the infantis outbreak, more than half of the positive samples were found in ground chicken.
“The Company Can Do Whatever It Wants”
In July 2018, as outbreak investigators began to discover infantis in Perdue products, the USDA had a chance to press the company for answers. Routine salmonella testing had found thatthe company’s plant in Cromwell, Kentucky, was exceeding the USDA’s salmonella standards, which say no more than 15.4% of chicken parts at a plant should test positive for the pathogen.
So USDA staff were sent to conduct an assessment of the plant, which might have seemed well-timed. Of the 76 plants where the infantis outbreak strain had been found, Cromwell, with 8% of the positive samples, had more than any other facility. But failing the agency’s salmonella standard doesn’t give the USDA the power to do anything more than review the plant’s practices.
The USDA noted that Perdue had responded to its high rate of salmonella by adding more chemical dip tanks and sprays to disinfect the chicken. Because Perdue’s internal sampling data showed the new steps appeared to be reducing the bacteria, the agency gave Perdue more time and recommended “no further action be taken.”
According to the USDA report, Fluckey, then the food safety director at Perdue, told auditors that the agency’s testing didn’t paint an accurate picture of the plant because it wasn’t measuring the quantity of salmonella. He added that Perdue managers hadn’t concentrated on the salmonella types most likely to make people sick because they were focused on “meeting the performance standard.”
A year later, USDA sampling indicated that the plant had continued to violate salmonella standards, with a third of chicken parts testing positive for the bacteria. In addition, the USDA said 12 of Perdue’s samples were highly related genetically to samples from people who’d recently gotten sick.
Still, the agency once again deferred to the company’s testing results, which showed a decrease in the rate of salmonella at the plant. The USDA decided it couldn’t cite the plant and that no action was necessary.
ProPublica found that many plants have repeatedly violated the agency’s standards without being shut down or facing any recent public sanction. According to the most recent data, more than a third of the plants producing ground chicken are violating the USDA standard. And many large companies — including Tyson, Pilgrim’s Pride, Perdue, Koch Foods and the processors that produce chicken for Costco and Whole Foods — currently have plants with high rates of the types of salmonella most likely to make people sick.
Whole Foods said it has a team of experts who review the salmonella results of its suppliers and works with them to lower their salmonella rates. The processor,Pine Manor Farms, said it has “worked diligently to make corrections.” Tyson and Costco declined to comment; Pilgrim’s and Koch didn’t respond to questions.
Other Perdue plants where the infantis outbreak strain was found also had a poor track record with salmonella overall. In the last three years, its plants inRockingham, North Carolina, andGeorgetown, Delaware, had more than 35% of their ground chicken samples test positive for the bacteria, and nearly all of them were types commonly linked to human illnesses. Yet neither plant has faced any recent public enforcement action, according to a review of USDA reports. (In April, ProPublica requested detailed files for both plants, but the USDA has yet to provide them.)
In an interview before she joined the USDA, Eskin said the consequences for companies violating the standards aren’t “anything meaningful in terms of enforcement.” “At the end of the day,” she said, “I think the company can do whatever it wants.”
The USDA doesn’t appear to have traced the supply chain for the plants that tested positive for the outbreak strain. Detroit Sausage had one of the highest numbers of samples with the strain.
Phil Peters, one of the owners, said he doesn’t remember anyone from the USDA asking the company who supplied its chicken. “I can’t control something that’s coming in from somewhere else unless I stop using it,” he said.
The company no longer produces chicken sausage because his clients no longer order it. But as a small processor, Peters said, he has little ability to demand chicken companies provide him meat carrying less salmonella. “They’re too big to worry about us,” he said.
A Hidden “Epidemic”
With no powers of its own and stuck with a hesitant regulator in the USDA, the CDC’s investigators needed the industry’s help.
On Aug. 8, 2018, the CDC offered a stark assessment of the outbreak to representatives of the industry’s trade group, the National Chicken Council: Drug-resistant infantis had become a “particular clinical and public health concern” because it was spreading through the chicken industry and increasingly making people sick.
The USDA seemed to take a less urgent approach. After an Aug. 16 foodborne illness investigations meeting with infantis on the agenda, an agency official wrote that there were “zero active illness investigations.” The USDA had begun tracing victims’ grocery purchases, but beyond that, it decided infantis was an “illness cluster” to watch — not a situation that required additional resources.
By then, three months into the outbreak investigation, neither the CDC nor the USDA had said anything to consumers.
People continued to get sick. Twelve days after the USDA meeting, a New York City resident began having stomach cramps. The patient’s spouse told investigators the victim had eaten and shopped in the Flatbush section of Brooklyn. The patient went to the hospital but died two days later, the first known fatality from the infantis outbreak.
For nearly two months, there was still no public warning.
In October 2018, the CDC privately met again with the National Chicken Council. By then, public health officials were convinced that the outbreak strain originated high up in the chicken supply chain.
“The outbreak strain may be persisting in chicken populations, their environments or their feed,” according to the CDC’s presentation to the industry group. “Further investigation is needed to help prevent new illnesses and similar outbreaks in the future.”
The CDC drew up a list of questions for the National Chicken Council:
How was it possible that so many different companies could have the same strain of salmonella infantis? Were common sources of chickens, eggs or other farming products widely used? Would one or more companies be willing to partner with the CDC and USDA to explore possible connections?
The council didn’t have many answers. According to a government official’s notes, the industry said that it “does a lot to try to reduce salmonella across the board,” but that it didn’t have a specific preventative measure for infantis. An industry representative added that it “might have been helpful to have the discussion 4 years ago,” when the first signs of drug-resistant infantis popped up in processing plants.
A few days after the October meeting, a 2-year-old Michigan girl began rubbing her belly before developing a fever and diarrhea, making her the latest Pattern 1080 patient. Her parents said that before she got sick, she’d eaten chicken nuggets and touched a package of raw chicken in their kitchen.
The next day — more than nine months after the first patient from the outbreak got sick — the CDC issued its first public notice. By then, 92 people in 29 states had been infected with the outbreak strain. But the number was likely far higher: The CDC estimates that for every confirmed salmonella case, an additional 30 are never reported. That meant that nearly 3,000 people had likely been infected.
Though the CDC knew that infantis wasn’t a typical outbreak strain, the notice offered little advice to consumers other than to remind them to follow standard food safety steps when handling raw poultry. The CDC told ProPublica that there was little more it could say to consumers. Infantis was so pervasive, Tauxe said, that the CDC couldn’t tell consumers to avoid any specific kind of chicken or brand.
Instead, public health officials held another private meeting with the chicken industry in February 2019, telling trade organization officials that they considered this strain of infantis to be an “epidemic.”
The CDC emphasized how risky this particular bacteria was because of its resistance to first-line drugs used to treat salmonella, especially illnesses involving children and patients with blood infections.
Health officials also presented the clues that had pointed toward Perdue as a potential source of some of the illnesses. The agency wanted to sit down with Perdue, but with no power to compel the company to answer questions, it would be months before a meeting happened.
A little over a week after the February 2019 meeting with industry, the CDC closed its investigation. In its second and last public notice about the outbreak, it said 129 people had gotten sick, 25 had been hospitalized and one person had died. There was no mention of Perdue or any other company.
In ending the investigation, the CDC seemed to send mixed messages. While the agency noted that “illnesses could continue because this salmonella strain appears to be widespread in the chicken industry,” it also told Consumer Reports that the decision was prompted by a decrease in new cases.
Infantis Strikes Another Victim
Five months after the CDC closed the infantis investigation, Arthur Sutton and Marva Lamping walked into El Rodeo, a lively Mexican restaurant in Bend, Oregon, where copper art hangs on rustic yellow walls and red-clay mosaics line the archways.
The couple typically went there at least once a month after paying their mortgage or when friends were in town. Sutton’s stomach had been bothering him since eating there the week before, but he didn’t know why. He decided he was up for going out anyway. It was his 70th birthday, and the couple always went to El Rodeo for their birthdays.
Lamping and Sutton had met 15 years earlier at the local community college when Sutton decided to put his past struggles with addiction to constructive use by becoming a counselor. After math class, a group of students would go out to a Mexican restaurant.
“He just one day said, ‘I noticed when we go out for nachos, that you don’t have a margarita with all the other ladies,’” Lamping said. “And I said, ‘No, I don’t drink and drive.’ And he said: ‘Well, I’ll give you a ride. If you’d like a margarita, I’ll take you.’”
Lamping, 63, was drawn to Sutton’s warm and accepting way of engaging with the world — a demeanor that seemed perfectly suited for his counseling work. Lamping said his clients clearly had a bond with him. Once, while he and Lamping were stuck in construction traffic, a former client working as a flagger recognized Sutton and came over to shake his hand.
Sutton, a large man with a square chin, broad forehead and glasses, was quieter than usual that night as a waiter brought out tortilla chips, salsa and a small oval dish of chopped cabbage slaw mixed with diced jalapenos, tomatoes and cilantro. Lamping went to play a few rounds of video slots in the back of the restaurant before dinner while Sutton dug into the salsa and slaw.
Those appetizers would take on grave importance for Lamping after Sutton developed severe food poisoning that night. She said that during its investigation of Sutton’s illness, the county Health Department would ask her if Sutton had eaten salsa and slaw, which an investigator later described in an internal email as the “likely culprit” behind multiple food poisoning cases connected to the restaurant.
El Rodeo’s owner, Rodolfo Arias, said he “didn’t know anything” about the investigation.
An inspection of the restaurant would find concerns with cross-contamination because El Rodeo thawed and washed frozen chicken in the same three-compartment sink in which it washed lettuce, tomatoes and cilantro. Inspectors also noted the faucet was “uncleanable” because it was wrapped in black tape.
Arias denied that his restaurant was responsible for Sutton’s illness. “I don’t think it was possible,” Arias said.
After dinner, the ache in Sutton’s stomach erupted. He began vomiting and couldn’t lay down to sleep. By the next morning, he could no longer stand the pain. He called Lamping at work, where she handles patient admissions at St. Charles Medical Center. She went home and took him to the emergency room, several hundred feet from her desk.
After a CT scan, a doctor diagnosed Sutton, who was obese and had other medical problems, with a hernia. He was discharged with plans for surgery.
But the pain didn’t go away. Ongoing diarrhea sent him to the toilet every 10 minutes. He tried to hide his pain, but Lamping finally convinced him to return to the hospital. “I’m looking into your eyes right now, Arthur,” she remembers telling him. “You’re dying.”
Sutton’s hospital stay, detailed in 2,000 pages of medical records provided by Lamping, would be marked by one wrenching episode after another. In the emergency room, when a nurse put a feeding tube up his nose, blood started gushing out.
Still, Sutton maintained his signature equanimity. Medical staff described him in notes as “very relaxed and accepting and taking it all in stride.”
Initially, the intensive care doctors thought Sutton was still struggling with the effects of a complex hernia. But in the operating room, it became clear that things were worse than doctors imagined. His bowels were severely damaged. Surgeons set about removing dead segments of his intestines and reconnecting the functioning parts. They also noted that Sutton had an acute kidney injury caused by “profound” dehydration and septic shock from a widespread infection.
Over 16 days, Sutton underwent a similar procedure seven more times. Surgeons cut out pieces of dead intestine, centimeter by centimeter, and tried to repair tears and leaks in his bowels. Sutton was going in for surgery so often they placed a medical dressing over his abdomen so they wouldn’t have to cut him open every time.
Throughout, Sutton cycled through periods of decline followed by flashes of normalcy. Sleep-deprived, he began hallucinating that there were monkeys in trees and sailboats emerging from the ceiling. But he was also able to sit in a hallway chair in the sun with Lamping, eat a popsicle and jokingly tell the physical therapist, “You look like Tom Cruise.”
Still, Sutton was deteriorating. One day, Lamping found a note on the bedside table that Sutton had scratched out: “Why is this happening?”
Sutton’s doctors were also puzzled. After the first surgery, they’d quickly identified salmonella as the source of Sutton’s illness and immediately started antibiotics. But after nearly a week, they couldn’t understand why there was no improvement.
What Sutton’s doctors didn’t yet know was that a pernicious type of bacteria was poisoning Sutton’s blood: the strain of multidrug-resistant infantis circulating throughout the chicken industry.
To Industry, the Mystery of Infantis “Went Away”
A month before Sutton got sick, the CDC’s top foodborne disease experts held another meeting with the National Chicken Council. This time Perdue and four other big chicken processors were at the table.
Internal agency notes drafted before the meeting showed officials bracing for an unreceptive audience. “They have known about our concerns for years,” the notes read. “They know about European practices. As a member-run trade association, their position is often driven by the lowest common denominator. Business margins are ‘razor’ thin; some companies are unable or unwilling to embrace expensive control strategies upstream.”
During the three-hour meeting, the group discussed salmonella prevention and lessons learned from infantis.
But the CDC’s message — that infantis was a serious problem that demanded action — doesn’t seem to have resonated with Ashley Peterson, the industry representative who organized and attended the meeting. In September 2019, Peterson, the National Chicken Council’s senior vice president of scientific and regulatory affairs, told trade magazine Poultry Health Today that infantis wasn’t a problem anymore, according to avideoof the interview.
“We don’t really understand where it came from or why it went away,” Peterson said.
Learning of Peterson’s comments, Tauxe of the CDC seemed surprised and puzzled.
“It didn’t go away,” he said. “We have met with the NCC repeatedly and have emphasized with them that it’s an ongoing problem. That’s wishful thinking of some kind.”
National Chicken Council spokesperson Tom Super said Peterson was referring to the CDC investigation ending and only learned later that the CDC was still seeing cases of infantis. He added that the industry has invested tens of millions of dollars a year in food safety and it has never downplayed infantis.
More than two years after Peterson’s comments — as infantis has sickened thousands more people — the trade group still hasn’t answered most of the CDC’s questions about the strain and has shared little with the agency about efforts to curb it, Tauxe said.
“How it got into the chickens in the first place, and why it expanded across the country through the chickens and why it’s persisting remain open questions for us,” he said. “Stopping it is going to depend on what the industry is willing to step up to and do.”
Super denied that the industry hadn’t answered the CDC’s questions but didn’t provide responses when ProPublica posed them again. “The industry never stopped working to address salmonella infantis — an effort that continues today,” he said.
Swifter action might have made the difference for Sutton.
At the hospital in Oregon, Sutton’s prognosis worsened. By mid-August 2019, the doctors had learned that the type of salmonella ravaging Sutton’s body was infantis. The finding might have helped doctors change course, but it was too late. The bacteria had already taken its toll.
Back in his room after a half-dozen surgeries, Sutton signaled to Lamping, waving two hands to show that he was done. “He just kept going: ‘Enough, enough. No more,’” Lamping said.
She looked at Sutton and shook her head, refusing to give up. But there wasn’t much the doctors could do.
During his eighth visit to the operating room, a surgeon noted that the leak in his bowels was probably so deep that it wasn’t accessible to surgeons: “Any further dissection would be significantly risking more bowel injury and making his current problem worse,” the medical records said.
More than two weeks into his hospital stay, Sutton’s salmonella infection had led to kidney failure. Sutton would need round-the-clock dialysis and a feeding tube to survive.
Lamping and Sutton’s brother, Jim, gathered in Sutton’s room to decide what to do. They agreed that Sutton wouldn’t want to live constantly hooked up to machines.
They told the hospital to stop treatment and move him to comfort care. “Time for him to go to heaven,” Jim Sutton said. After life support was removed, Lamping sat next to the bed and rested her head on Arthur’s hand.
The next day, on Aug. 16, 2019, Arthur Sutton died. The cause was severe blood poisoning and acute organ dysfunction brought on by salmonella. Lamping was paralyzed by grief. Her visions of the future had always included him.
“I watched a man go from happy-go-lucky — someone who should have been with me another 20 years — I lost him,” Lamping said. “I Iost him.”
Two years later, she still replays Sutton’s battle with salmonella over in her mind, certain that something could have been done differently.
Lamping has focused on potential problems with how their food was handled at El Rodeo and hired a lawyer to file a lawsuit against the restaurant in 2020. She blames the restaurant, in part, because a county health inspection after Sutton died noted that it had told El Rodeo about the “findings from the state health lab on salmonella infantis cases.” In court filings, the restaurant denied the allegations.
But Lamping also says there are things that food safety regulators and the industry could have done long before the chicken arrived at El Rodeo.
“If they know that infantis is in the chicken, if they know it’s there, why are they selling it to us?” Lamping asked.
The USDA, to this day, has never said anything to consumers about the risk of multidrug-resistant infantis.
Because of the pandemic, Lamping and Jim Sutton have had to delay Arthur’s memorial. They hope that someday soon, they’ll be able to gather his friends and family on a hill overlooking a canyon in central Oregon.
They’ll walk through shale rock, wildflowers and junipers, and look over the canyon’s edge where a buck can sometimes be seen running through the sagebrush. They’ll open Sutton’s urn and let the wind carry his ashes away.
About the Data: How ProPublica Analyzed Bacterial Pathogen Presence
ProPublica obtained bacterial pathogen genomic sequencing data from the National Center for Biotechnology Information’sPathogen Detectionproject. The project integrates data from bacterial pathogens sampled from food, the environment and human patients by participating public health agencies in the United States and around the world. The NCBIanalyzesdata as it is submitted, and the results are monitored by public health agencies, including the CDC as part of foodborne illness outbreak investigations. The data includes metadata about each bacterial isolate submitted by the person or institute who collected the bacterial sample, as well as computational predictions by NCBI.
Through Freedom of Information Act requests, ProPublica obtained epidemiological information about bacterial samples taken as part of the2018-19 salmonella infantis outbreakinvestigation and samples obtained during routine testing in establishments regulated by the USDA’s Food Safety and Inspection Service. ProPublica also obtained epidemiological information connected to patients considered part of this outbreak, including the date of sample collection and details about a patient’s illness, recent food consumption and demographics — details crucial to foodborne illness investigations. Data about bacteria found during USDA inspections also included the type of meat or poultry the sample was obtained from, the date of collection and the name and location of the facility. Integrating these details with the NCBI metadata offered a way to group samples together not just by genetic similarity, but also by location and time.
The USDA postspublic datasetscontaining the results of its salmonella sampling at poultry processing plants since 2015, which detail the collection date, type of poultry product sampled and, if salmonella was present, information on type and any antimicrobial resistance. The datasets include both routine sampling, conducted at every plant, and follow-up sampling, conducted at plants where the agency has identified high levels of salmonella. (Samples from USDA inspections that contain salmonella are reflected in both the NCBI data and the agency’s inspection data.)
Analysis Decisions
To confirm the persistence of multidrug-resistant infantis in food processing facilities, grocery stores and patients with salmonella infections, ProPublica relied on both metadata submitted to NCBI and genetic features computed by NCBI. ProPublica restricted its analysis to isolates in the NCBI data belonging to what was known as SNP cluster PDS000089910.78, as of Oct. 19, 2021. This cluster contains most isolates involved in the infantis outbreak, and the CDC said it is monitoring most of the isolates in the cluster. ProPublica also filtered for isolates that were reported to be serotype infantis by the submitter or, when user-submitted information was unavailable, were computationally predicted to be infantis by the NCBI data processing pipeline.
ProPublica used data about evolutionary modeling computed by NCBI to establish the degree of genetic similarity between bacterial isolates from the outbreak and isolates collected more recently.
ProPublica’s analysis of salmonella rates in poultry plants is based on methods the USDA uses, using the agency’s routine sampling data to calculate positivity rates — that is, the number of positive tests compared with all salmonella tests taken at the facility — for each type of poultry a plant processed. ProPublica also calculated the high-risk salmonella rate for plants, determining the percentage of samples at the facility that tested positive for one of the 30 salmonella types theCDC has foundto be most associated with human illnesses.
The USDA inspection data was also used to compare the number of samples found to contain salmonella infantis and salmonella Kentucky with the total number of routine samples taken each year to determine the rate at which each was occurring in the sampling program across all plants and poultry types.
Pharmaceutical giants Pfizer and BioNTech have publicly released data from their own research showcasing that their vaccine for children ages 5- to 11-years-old is effective at preventing symptomatic coronavirus infections for those ages.
Data from the companies’ study on the efficacy of their vaccine was submitted to the Food and Drug Administration (FDA), which will now give consideration to granting emergency use authorization to the shots. After that, the Centers for Disease Control and Prevention (CDC) will have the final say on whether the vaccine can be administered to children in the U.S.
A decision on the matter is expected sometime later this month or early November. If approved, the vaccine would begin being administered to kids between those ages, though it’s not expected that mass vaccination sites will return. Instead, the Biden administration is proposing that pharmacies, children’s hospitals and doctors’ offices become the main places where children are vaccinated.
Many parents, concerned about their children developing symptoms of coronavirus as they return to school and other settings, are likely to be happy with this latest development regarding a vaccine for young ones. While young children are less likely to contract coronavirus or require hospitalization than teens or adults are, that doesn’t mean children can’t be harmed by the virus.
Indeed, from the start of the pandemic to this past week, more than 630 children under the age of 18 have died due to coronavirus, data from the CDC has shown.
Peter Marks, director of the FDA’s Center for Biologics Evaluation and Research, called the deaths of children in the U.S. an “embarrassment” during a town hall on vaccines earlier this month. With the development of a vaccine for children to be made available soon, the country had no more excuses, he added.
“No parent should have to lose their child to a vaccine-preventable illness if we have a vaccine that can be deployed that is safe and effective,” Marks said. “And we will only allow something to be authorized that we find to be safe and effective.”
A Wisconsin parent is suing her childrens’ school district after three of her sons tested positive for COVID-19, alleging that the district’s lackadaisical mitigation approach led to her sons’ contraction of the virus.
Earlier this month, Shannon Jensen filed a federal lawsuit against Waukesha School District, seeking an injunction against the district that would require students and staff to comply with guidelines established by the Centers for Disease Control and Prevention (CDC) to mitigate the spread of COVID-19 within schools across the country.
Those guidelines include requiring that masks are worn by everyone inside school buildings, including students and staff. It is also recommended that individuals maintain a distance of at least three feet from one another, and that regular screening for the virus is conducted — along with contact tracing when an infection is discovered.
In her lawsuit, Jensen contends that the Waukesha School District isn’t implementing any of those recommendations. The district ended its mask mandate back in May, and it took several days for Jensen to learn that students in her oldest son’s classroom had tested positive for the virus.
Four students in one classroom — including one that sat next to Jenson’s son — tested positive for the virus in mid-September. Jensen removed all three of her sons from school upon learning the news, and shortly after, they all tested positive for coronavirus.
All three of her sons wore masks while attending school, though many of their classmates did not.
The Waukesha School District doesn’t have any thresholds in place for when classroom-wide quarantining should take place, and they don’t appear to have a system for contact tracing of any kind. The district’s policy for responding to outbreaks has been “blanket informing parents when a child in the school had tested positive, usually several days earlier,” the lawsuit contends.
The district is not responding to requests for interviews or comments from local media sources at this time, citing advice from counsel.
Though children are less likely to suffer from the more severe symptoms of COVID-19 than older populations, they aren’t completely safe from the virus. Around 700 children in the U.S. have died of coronavirus since the pandemic began in early March of 2020.
“Think about it in terms of football stadiums,” Daniel Rauch, chief of pediatric hospital medicine at Tufts Children’s Hospital in Boston, said to USA Today. “In 100,000 kids, one of them is not going to make it with COVID.”
Though children under the age of 12 aren’t yet eligible for vaccination against the virus, many school districts throughout the country are putting students at risk by refusing to issue masking requirements — a move that could make lawsuits like Jensen’s more commonplace in the future.
Numerous studies have revealed that masks provide safer learning environments for children; a recent study found that schools without mask mandates were 3.5 times more likely to have a coronavirus outbreak than schools that required masks for students and staff.
On Friday, the Centers for Disease Control and Prevention (CDC) published two studies on the efficacy of mask mandates in school districts throughout the country, demonstrating in both that schools with rules in place requiring facial coverings see significantly fewer instances of COVID-19 outbreaks.
In one study, which reviewed a number of schools in the state of Arizona, schools that didn’t require masks were 3.5 times more likely to see a coronavirus outbreak occur, versus schools that did have requirements in place. Nearly 60 percent of the outbreaks that were observed within that study happened in schools that didn’t have mask mandates.
“CDC recommends universal indoor masking by students, staff members, faculty, and visitors in kindergarten through grade 12 (K–12) schools, regardless of vaccination status, to reduce transmission of SARS-CoV-2, the virus that causes COVID-19,” the agency reiterated in the opening paragraph of the study.
A second study, which examined more than 500 counties throughout the U.S., came to a similar conclusion: masks work to protect children against getting infected.
“Counties without school mask requirements experienced larger increases in pediatric COVID-19 case rates after the start of school compared with counties that had school mask requirements,” the CDC concluded after examining that study’s findings.
The two studies come as the U.S. Department of Justice begins investigating a number of states across the country that have banned local governments, including school districts, from instituting masking rules to protect children (and their families) from the virus.
Some Republican governors lashed out at the Biden administration for its investigation.
“President [Joe] Biden shouldn’t spend a single second harassing states like Oklahoma for protecting parents’ rights to make health decisions for their kids,” a spokesperson for Oklahoma Gov. Kevin Stitt (R) said late last month.
Rochelle Walensky, the director for the Centers for Disease Control and Prevention (CDC), announced early Friday morning that she would sidestep her own agency’s vaccine advisers to recommend coronavirus vaccine booster shots to a larger segment of Americans.
On Thursday, the CDC Advisory Committee on Immunization Practices (ACIP) recommended that an additional round of COVID-19 vaccines should be given to individuals 65 years and older, individuals ages 18 to 64 with underlying medical conditions and residents of long-term health care facilities.
ACIP had voted against giving booster shots to frontline workers, but earlier in the week, the Food and Drug Administration (FDA) did recommend boosters for workers who are in situations where their exposure to the virus may be significantly heightened.
“As CDC Director, it is my job to recognize where our actions can have the greatest impact,” Walensky said in a statement seeking to justify her move. “At CDC, we are tasked with analyzing complex, often imperfect data to make concrete recommendations that optimize health. In a pandemic, even with uncertainty, we must take actions that we anticipate will do the greatest good.”
Walensky’s decision is highly unusual, as it aligns CDC policy with recommendations being made by an agency separate from the one she leads. Yvonne Maldonado, an infectious diseases expert at Stanford University, told The New York Times that she agreed with what Walensky had done, but that it was not something that she expected.
“I am surprised that Dr. Walensky overturned one of the four ACIP votes today, and I believe others will be as well,” Maldonado said.
As a result of Walensky’s decision, boosters will be made available almost immediately in some places. Walgreens announced on Friday that its pharmacies would allow eligible groups to get coronavirus booster vaccine shots as soon as Saturday.
However, the recommendation for booster shots goes against the direction of medical leaders around the world. Earlier this month, World Health Organization (WHO) Director-General Tedros Adhanom Ghebreyesus advised against coronavirus vaccine boosters through at least the end of 2021, saying that vaccines need to be made available to poorer countries before wealthier ones get additional doses.
Currently, the U.S. has fully immunized 54 percent of its population, while the entire continent of Africa has only reached a vaccination rate of 3.5 percent of the population.
“I will not stay silent when companies and countries that control the global supply of vaccines think the world’s poor should be satisfied with leftovers,” Tedros said.
The Biden administration, which has been pushing for booster shots, rejected similar concerns about administering them in the U.S. last month.
The Centers for Disease Control and Prevention (CDC) is urging Americans who are not vaccinated to avoid travel over the Labor Day holiday weekend.
CDC director Rochelle Walensky spoke during a White House press briefing on Tuesday about the matter, stating that both vaccinated and unvaccinated individuals needed to be cautious during the holiday. While individuals who are vaccinated “can travel,” she said, they still need to weigh in on other risks to determine whether doing so is a good idea or not.
But for those who haven’t yet been vaccinated, Walensky’s message was much clearer.
“First and foremost, if you are unvaccinated, we would recommend not traveling,” the CDC head said.
Jeffrey Zients, who serves as the White House’s Coronavirus Response Coordinator, made similar statements during the press briefing.
“As people across the country prepare for Labor Day weekend, it’s critical that being vaccinated is part of their pre-holiday checklist,” he said.
Thirty-one percent of Americans are planning to travel during the Labor Day weekend this year, according to a recent TripAdvisor survey. But with the highly contagious Delta variant of coronavirus still spreading across the country, that number of travelers across the country could have disastrous public health outcomes.
Just 52 percent of Americans are currently considered fully vaccinated, according to recent figures from The New York Times. The daily average of new cases being reported sits at over 160,000, the highest that number has been since January. More than 1,346 Americans are dying each day, on average, which is an increase of 93 percent on that measure just in the past two weeks.
In addition to being fully vaccinated, travelers should also wear masks, Walensky said on Tuesday, particularly in indoor settings outside of their own homes.
“Given the high transmissibility of the Delta variant and the significant community transmission in this country, wearing a mask is the easiest way for anyone, regardless of your vaccination status, to slow the spread of disease,” she added.
Health officials within the Biden administration are expected to announce as soon as this week that an extra “booster” shot may be needed to help individuals stay protected against the coronavirus. The additional round of vaccinations would likely begin after the Food and Drug Administration (FDA) gives full authorization to the immunizations.
Booster shots will be recommended for Pfizer-BioNTech and Moderna vaccines eight months after a person received their second round of those vaccines. A second shot of the Johnson & Johnson vaccine is also likely to be recommended if it’s found to be effective following the examination of results from a two-dose clinical trial of that vaccine.
Although official recommendation for the booster shot will likely happen sometime soon, the administration of those boosters won’t happen until September at the earliest, which is when the FDA is expected to give full authorization for all three vaccines. Healthcare workers, nursing home residents and emergency response personnel will likely be the first to receive their boosters.
Federal health officials have been questioning for weeks whether additional doses of the vaccines would be needed to increase protection levels for individuals against COVID-19. Much of the evidence in favor of booster shots comes from examination of data coming out of Israel, The Associated Press reported, as that country administered Pfizer-BioNTech vaccines earlier than the U.S. Preliminary studies from Israel have found that those who were vaccinated in January saw protection levels drop somewhat after some time.
According to The Washington Post, the conclusion about boosters was reached after “intense discussions” last weekend by high-ranking federal health officials who scrutinized the data on the effectiveness of the vaccines. This decision about boosters marks a dramatic shift from what officials were saying just last month.
The struggle to get as many people vaccinated as possible remains a vexing challenge, as many Americans are still skeptical of doing so in spite of mountains of evidence showing the vaccines to be safe and effective. Just slightly more than half (50.4 percent) of the U.S. population is fully vaccinated, while around 6 in 10 Americans (59.2 percent) have received at least one dose of a coronavirus vaccine.
While it’s been a challenge to get a sizable number of the population to agree to get vaccinated, most who have been vaccinated already appear ready to get a booster shot. A Yahoo News/YouGov poll from July found that 62 percent of those who are vaccinated would get an extra dose of their respective vaccines if it were made available. Just 18 percent said they wouldn’t do so, while 20 percent said they weren’t sure.
The Centers for Disease Control and Prevention (CDC) and the Biden administration is expected to change their recommendations on mask-wearing Tuesday, pushing for individuals to revive the wearing of face coverings indoors in certain parts of the country — including for those who have received vaccinations — to protect against the coronavirus.
The likely change in recommendations comes as the number of “breakthrough” infections (positive COVID-19 test results among those who are vaccinated) has risen alongside the spread of the Delta variant of the virus.
The revised approach expected to be announced soon is a departure from recommendations made back in May, when the CDC had said that those who had received their vaccinations could go unmasked in virtually every possible scenario. Those earlier recommendations, however, were made with the assumption that unvaccinated individuals would still wear masks until they received their shots.
Over the past couple of weeks, the rate of new cases of coronavirus being reported has increased by 144 percent nationwide. The seven-day average of new cases being reported daily currently sits at around 56,000.
Not surprisingly, there appears to be a direct correlation between areas of the country where vaccination rates are low and the new COVID hotspots. Of the 10 counties in the U.S. currently seeing the highest numbers of new cases, all have a fully-vaccinated rate among residents that is below 50 percent, with six of them having rates that are lower than 35 percent.
“I think they should say we made a mistake with our guidance earlier because we were reliant on the honor system and the honor system didn’t work,” former Baltimore health commissioner Leana Wen said to NBC News. “As a result, too many people are unvaccinated and the Delta variant spreads and we have a different situation in our country now.”
While many have celebrated the newly announced guidelines from the Centers for Disease Control and Prevention (CDC) that say those who are fully vaccinated against COVID-19 no longer have to wear masks in most situations, others are highly cautious of the idea, noting that the guidance relies upon people being honest over whether they’ve gotten their shots or not.
The new guidance states that fully vaccinated individuals, with limited exceptions, “can resume activities that you did prior to the pandemic” without a mask or social distancing. But the CDC also stipulates that people still need to respect the rules in their own jurisdictions.
“Fully vaccinated people can resume activities without wearing a mask or physically distancing, except where required by federal, state, local, tribal, or territorial laws, rules, and regulations, including local business and workplace guidance,” the agency said.
Most of the U.S. is not in that camp, however, as just 48 percent of Americans have received one dose of a coronavirus vaccine and only 37 percent are fully vaccinated at this time. But that hasn’t stopped a number of states from announcing their mask and distancing mandates will soon be ending.
“Unvaccinated people should continue to wear a mask and social distance, but if you are vaccinated you are safe — no masks, no social distancing,” New York Gov. Andrew Cuomo said in announcing that state’s end to its rules on facial coverings. (Masks will still be required in a number of places in the state, including in public transportation settings, in health care facilities and nursing homes, in schools, and more.)
There are worries, however, that things might be moving too quickly. As social media posts and news reports have detailed throughout the year, a number of Americans, disapproving of social distancing and mask mandates, have tried to thwart enforcement of those rules. Now that many jurisdictions are planning to lift those mandates, there are worries that some won’t be totally honest about their vaccine status.
“I say this respectfully to the CDC, but we really need to get back to a point where it’s encouraging (people) to get vaccinated and more of that focus rather than celebrating our newfound freedoms,” Kansas City, Missouri, Mayor Quinton Lucas said on CNN, adding that, “the honor system just ain’t working here.”
“I don’t think it’s going to work in a lot of parts in this country,” Lucas continued.
The problem, the mayor opined, is that stores and other public locations can’t be certain that people who aren’t wearing masks are vaccinated, and thus less likely to spread the virus.
“How does the store clerk check it? How does our health department actually enforce any rule at all?” Lucas asked. “So, while I respect many of the jurisdictions that are trying to, I think, really have adherence to the CDC (guidance), it’s a challenge for us.”
“The consternation over these new rules is palpable. Vaccinated folks can unmask, which is super, great, but who is vaccinated and who isn’t? We’re doing the honor system now?” Pitt asked.
Officials in Baltimore, Maryland, have expressed similar worries, and have opted not to lift their mask mandate as a result. While the state of Maryland is relaxing its statewide mask rules, the city is keeping its mask and social-distancing rules in place until a threshold of at least 65 percent of adults with one or more shots is reached. Currently, only about 52 percent of the city’s adult population has received at least one vaccination.
“The CDC’s announcement regarding vaccines comes at a time where robust methods to confirm whether individuals are vaccinated do not yet exist,” city Health Commissioner Letitia Dzirasa explained.
Local businesses across the country, who can impose their own mask rules even if the states or municipalities they reside in don’t have any, are also struggling with what their plans will be.
“I think we’re still going to keep our dining room closed,” restaurant manager William Lo told The Southern Illinoisan, noting that it’s “not hospitable” to have a conversation with every customer about whether they’re vaccinated or not.
Recent polling on the question of wearing masks seems to suggest most Americans plan to keep wearing them in a number of social situations. A Morning Consult poll conducted May 14-17 showed that respondents were split on whether they’d be comfortable dining indoors with or without a mask, with 38 percent saying they would be fine doing so and 37 percent saying they’d prefer doing so while still wearing a facial covering (and 24 percent saying they didn’t feel comfortable at all doing so). Numbers were similar on how people felt about taking a vacation at this time.
But 58 percent of Americans, according to that poll, said they’d feel more comfortable going to the grocery store while wearing a mask, versus 32 percent who said they’d be fine going maskless. Forty-six percent also said that kids should still wear masks in school, and 50 percent said they’d be more comfortable taking a trip to the mall if they had their masks on, compared to just 29 percent who said they’d feel fine going without their mask.
When asked what local officials should do — whether federal guidance should direct their own rules on masks and social distancing — only 25 percent said suggestions from federal officials should be acknowledged and mask mandates should be ended, while 40 percent said rules should be based on the situation that local communities are currently facing. Another 25 percent said mask mandates should remain, no matter what.
I found myself out and about with several vaccinated friends this weekend, just after the Centers for Disease Control and Prevention (CDC) abruptly blew up its mask guidance to the consternation of millions. The strange chaos of “mask rules” was on vivid display wherever we went — they were required at inside venues and crowded outdoor spaces, but once we were seated inside a restaurant, the mask could come off no matter how clustered we were — reminding me why I was more comfortable at home than anywhere else over these last 14 months.
The new CDC mask guidelines state that if you’re fully vaccinated, you’re pretty much free to hang that sucker on a hook and enjoy breathing air that does not smell like your face. (I never knew my face had a scent until COVID, another dollop of pandemic wisdom I could have done without.)
The announcement tried very hard to be the virus version of V-E Day, a moment of celebration to be shared by all. Instead, it had many eyeing each other, and especially the deliberately unvaccinated, with alarmed distrust. We’re supposed to trust those guys? Combined with some deeply curious timing, and what we have here is the first bona fine both-feet bollocks of the Biden administration.
“[T]he huge policy turnaround caught senior White House and administration officials, medical experts, elected officials and business leaders completely off guard,” reportedThe Washington Post, “and prompted some physicians to criticize the move as premature. Some Democratic governors were angered by the White House’s rollout, arguing the move effectively passed the buck to states and businesses to implement the new rules without any assistance. The abrupt timing of Walensky’s decision also smacked of politics to Biden’s antagonists, who noted that the president benefited from the announcement during a difficult week when many Americans queued up in gas lines, tensions in Israel flared and markets roiled amid inflation fears.”
Even this, however, comes with its own muddied waters. According to Politico, the president was not informed about the new rules until scant hours before the announcement. This was an abrupt departure from procedure for Biden, who reportedly rolls like a dog in the details of an issue for a long time before making a decision. When his staff is slow or inept with the delivery of those details, Biden has been reportedly quick to anger. One wonders how he reacted to his own CDC pulling what amounted to a surprise announcement of the single most important policy decision of his presidency. I can see Biden doing a solid R. Lee Ermey imitation from Full Metal Jacket: “Can I be in charge for a little while? Well thank you very much.” So much for Sleepy Joe.
The consternation over these new rules is palpable. Vaccinated folks can unmask, which is super, great, but who is vaccinated and who isn’t? We’re doing the honor system now? Will vaccinated people eventually have to wear a scarlet “V” to announce their status? Vax cards? Vaxxports? If unvaccinated people act in bad faith and go maskless, doesn’t it invite the kind of scenario that just struck the New York Yankees, who had eight vaccinated players recently test positive? Also, India and Brazil are still on fire with virus variants reaving people by the thousands. How is this anything other than a dangerously unformed premature decision?
Parents with young children are also in search of some insight on the matter. There are nearly 50 million children under 12 in the U.S., all of them unvaccinated. Are they safe around unvaccinated people who are pretending to be vaccinated? Are we to expect small children wear their masks when their vaccinated parents or caregivers don’t? Anyone with 12 seconds of toddler experience knows that’s a non-starter from the jump.
Hundreds of epidemiologists had fully expected the prior mask mandates to remain in place for at least another year. “I think the CDC meant to say something really good, which is these vaccines are really protective,” medical analyst Dr. Leana Wen toldCNN on Sunday. “The thing is though, there were unintended consequences of their actions. We’ve seen governors and mayors and business owners drop mask mandates, and as a result of that we’ve now made life much less safe for people who are unvaccinated, for immuno-compromised individuals and for young children who cannot yet be vaccinated.”
It is to be hoped that some clarity will be brought to this situation with haste. “I would imagine within a period of just a couple of weeks, you’re going to start to see significant clarification of some of the actually understandable and reasonable questions that people are asking,” Anthony Fauci toldFace the Nation over the weekend.
Good. In the meantime, let your common sense be your guide. Get vaccinated if you can, as soon as you can, and tell your friends. Wear your mask until this confusion passes. Your face smells just fine.
Rochelle Walensky, director for the Centers for Disease Control and Prevention (CDC), is deeply concerned about the climbing rate of daily COVID-19 diagnoses — enough to make her feel “scared.”
“We have so much to look forward to, so much promise and potential of where we are and so much reason for hope. But right now, I’m scared,” the CDC director said.
CDC Director Dr. Rochelle Walensky goes off script with an emotional plea to the public about an “impending doom” following rise in COVID cases:
Walensky noted that there has been a troubling increase in the average number of new cases seen in recent days. Indeed, over the course of the past two weeks, the daily average of new cases has increased by 15 percent, according to numbers from The New York Times.
Much of the increase has been due to increased travel, which could lead to disastrous outcomes, Walensky said.
“What we’ve seen over the last week or so is a steady rise of cases. I know that travel is up, and I just worry that we will see the surges that we saw over the summer and over the winter again,” Walensky cautioned.
She did note on the program, however, that not all of the news was bad. The fact that around 2.5 million Americans were getting vaccinated each day, she said, was having a positive impact, particularly for those over the age of 65.
Individuals in that age range are now witnessing substantially lower mortality rates, thanks to the vaccine — “from 16 in 100,000 [deaths] in January, to 1 in 100,000 now,” the CDC director said.
More than 30.2 million Americans have received a COVID-19 diagnosis since the start of the pandemic in March 2020, with close to 550,000 having died from the virus. A health model from the University of Washington predicts that another 50,000 Americans could die from coronavirus by July 1 — though that number could be lessened by around 10,000 fewer deaths if masks were universally worn.
Since the start of the pandemic, the most terrifying task in health care was thought to be when a doctor put a breathing tube down the trachea of a critically ill covid patient.
Those performing such “aerosol-generating” procedures, often in an intensive care unit, got the best protective gear even if there wasn’t enough to go around, per Centers for Disease Control and Prevention guidelines. And for anyone else working with covid patients, until a month ago, a surgical mask was considered sufficient.
A new wave of research now shows that several of those procedures were not the most hazardous. Recent studies have determined that a basic cough produces about 20 times more particles than intubation, a procedure one doctor likened to the risk of being next to a nuclear reactor.
Other new studies show that patients with covid simply talking or breathing, even in a well-ventilated room, could make workers sick in the CDC-sanctioned surgical masks. The studies suggest that the highest overall risk of infection was among the front-line workers — many of them workers of color — who spent the most time with patients earlier in their illness and in sub-par protective gear, not those working in the covid ICU.
“The whole thing is upside down the way it is currently framed,” said Dr. Michael Klompas, a Harvard Medical School associate professor who called aerosol-generating procedures a “misnomer” in a recent paper in the Journal of the American Medical Association.
“It’s a huge mistake,” he said.
The growing body of studies showing aerosol spread of covid-19 during choir practice, on a bus, in a restaurant and at gyms have caught the eye of the public and led to widespread interest in better masks and ventilation.
Yet the topic has been highly controversial within the health care industry. For over a year, international and U.S. nurse union leaders have called for health workers caring for possible or confirmed covid patients to have the highest level of protection, including N95 masks.
But a widespread group of experts have long insisted that N95s be reserved for those performing aerosol-generating procedures and that it’s safe for front-line workers to care for covid patients wearing less-protective surgical masks.
Such skepticism about general aerosol exposure within the health care setting have driven CDC guidelines, supported by national and California hospital associations.
The guidelines still say a worker would not be considered “exposed” to covid-19 after caring for a sick covid patient while wearing a surgical mask. Yet in recent months, Klompas and researchers in Israel have documented that workers using a surgical mask and face shield have caught covid during routine patient care.
The CDC said in an email that N95 “respirators have remained preferred over facemasks when caring for patients or residents with suspected or confirmed” covid, “but unfortunately, respirators have not always been available to healthcare personnel due to supply shortages.”
New research by Harvard and Tulane scientists found that people who tend to be super-spreaders of covid — the 20% of people who emit 80% of the tiny particles — tend to be obese or older, a population more likely to live in elder care or be hospitalized.
When highly infectious, such patients emit three times more tiny aerosol particles (about a billion a day) than younger people. A sick super-spreader who is simply breathing can pose as much or more risk to health workers as a coughing patient, said David Edwards, a Harvard faculty associate in bioengineering and an author of the study.
Chad Roy, a co-author who studied primates with covid, said the emitted aerosols shrink in size when the monkeys are most contagious at about Day Six of infection. Those particles are more likely to hang in the air longer and are easier to inhale deep into the lungs, said Roy, a professor of microbiology and immunology at Tulane University School of Medicine.
The study clarifies the grave risks faced by nursing home workers, of whom more than 546,000 have gotten covid and 1,590 have died, per reports nursing homes filed to the Centers for Medicare & Medicaid since mid-May.
Taken together, the research suggests that health care workplace exposure was “much bigger” than what the CDC defined when it prioritized protecting those doing “aerosol-generating” procedures, said Dr. Donald Milton, who reviewed the studies but was not involved in any of them.
“The upshot is that it’s inhalation” of tiny airborne particles that leads to infection, said Milton, a professor at the University of Maryland School of Public Health who studies how respiratory viruses are spread, “which means loose-fitting surgical masks are not sufficient.”
On Feb. 10, the CDC updated its guidance to health care workers, deleting a suggestion that wearing a surgical mask while caring for covid patients was acceptable and urging workers to wear an N95 or a “well-fitting face mask,” which could include a snug cloth mask over a looser surgical mask.
Yet the update came after most of at least 3,500 U.S. health care workers had already died of covid, as documented by KHN and The Guardian in the Lost on the Frontline project.
The project is more comprehensive than any U.S. government tally of health worker fatalities. Current CDC data shows 1,391 health care worker deaths, which is 200 fewer than the total staff covid deaths nursing homes report to Medicare.
More than half of the deceased workers whose occupation was known were nurses or in health care support roles. Such staffers often have the most extensive patient contact, tending to their IVs and turning them in hospital beds; brushing their hair and sponge-bathing them in nursing homes. Many of them — 2 in 3 — were workers of color.
Two anesthetists in the United Kingdom — doctors who perform intubations in the ICU — saw data showing that non-ICU workers were dying at outsize rates and began to question the notion that “aerosol-generating” procedures were the riskiest.
Dr. Tim Cook, an anesthetist with the Royal United Hospitals Bath, said the guidelines singling out those procedures were based on research from the first SARS outbreak in 2003. That framework includes a widely cited 2012 study that warned that those earlier studies were “very low” quality and said there was a “significant research gap” that needed to be filled.
But the research never took place before covid-19 emerged, Cook said, and key differences emerged between SARS and covid-19. In the first SARS outbreak, patients were most contagious at the moment they arrived at a hospital needing intubation. Yet for this pandemic, he said, studies in early summer began to show that peak contagion occurred days earlier.
Cook and his colleagues dove in and discovered in October that the dreaded practice of intubation emitted about 20 times fewer aerosols than a cough, said Dr. Jules Brown, a U.K. anesthetist and another author of the study. Extubation, also considered an “aerosol-generating” procedure, generated slightly more aerosols but only because patients sometimes cough when the tube is removed.
Since then, researchers in Scotland and Australia have validated those findings in a paper pre-published on Feb. 10, showing that two other aerosol-generating procedures were not as hazardous as talking, heavy breathing or coughing.
Brown said initial supply shortages of PPE led to rationing and steered the best respiratory protection to anesthetists and intensivists like himself. Now that it is known emergency room and nursing home workers are also at extreme risk, he said, he can’t understand why the old guidelines largely stand.
“It was all a big house of cards,” he said. “The foundation was shaky and in my mind it’s all fallen down.”
Asked about the research, a CDC spokesperson said via email: “We are encouraged by the publication of new studies aiming to address this issue and better identify which procedures in healthcare settings may be aerosol generating. As studies accumulate and findings are replicated, CDC will update its list of which procedures are considered [aerosol-generating procedures].”
Cook also found that doctors who perform intubations and work in the ICU were at lower risk than those who worked on general medical floors and encountered patients at earlier stages of the disease.
In Israel, doctors at a children’s hospital documented viral spread from the mother of a 3-year-old patient to six staff members, although everyone was masked and distanced. The mother was pre-symptomatic and the authors said in the Jan. 27 study that the case is possible “evidence of airborne transmission.”
Klompas, of Harvard, made a similar finding after he led an in-depth investigation into a September outbreak among patients and staff at Brigham and Women’s Hospital in Boston.
There, a patient who was tested for covid two days in a row — with negative results — wound up developing the virus and infecting numerous staff members and patients. Among them were two patient care technicians who treated the patient while wearing surgical masks and face shields. Klompas and his team used genome sequencing to connect the sick workers and patients to the same outbreak.
CDC guidelines don’t consider caring for a covid patient in a surgical mask to be a source of “exposure,” so the technicians’ cases and others might have been dismissed as not work-related.
The guidelines’ heavy focus on the hazards of “aerosol-generating” procedures has meant that hospital administrators assumed that those in the ICU got sick at work and those working elsewhere were exposed in the community, said Tyler Kissinger, an organizer with the National Union of Healthcare Workers in Northern California.
“What plays out there is there is this disparity in whose exposures get taken seriously,” he said. “A phlebotomist or environmental services worker or nursing assistant who had patient contact — just wearing a surgical mask and not an N95 — weren’t being treated as having been exposed. They had to keep coming to work.”
Dr. Claire Rezba, an anesthesiologist, has scoured the web and tweeted out the accounts of health care workers who’ve died of covid for nearly a year. Many were workers of color. And fortunately, she said, she’s finding far fewer cases now that many workers have gotten the vaccine.
“I think it’s pretty obvious that we did a very poor job of recommending adequate PPE standards for all health care workers,” she said. “I think we missed the boat.”
California Healthline politics correspondent Samantha Young contributed to this report.
President Joe Biden’s COVID team is evidently warning internally that herd immunity on COVID, which they hope is achievable through vaccines, may not happen until Thanksgiving or even early winter, says a new report from the Daily Beast.
The Biden administration is, the Daily Beast reports, concerned about vaccine availability and has been attempting to calculate how many people need to be vaccinated for the nation to achieve herd immunity. On Sunday, Biden acknowledged the likely extended timeline for herd immunity in an interview with CBS. “The idea that this can be done and we can get to herd immunity much before the end of this summer is very difficult,” he said.
A late-year herd immunity date is months later than health experts have been predicting. Previously, the director of the National Institute of Allergy and Infectious Diseases and President Biden’s chief medical adviser Anthony Fauci was hopeful that the U.S. would be able to achieve herd immunity — and a sense of “normalcy” — by early to mid-fall.
Herd immunity is achieved when the virus can’t spread effectively among a population anymore because most of the population has developed a resistance to it either through exposure to the illness — which takes a very long time and can cost many lives — or, as in this case, through vaccination. Experts have disagreed about how much of the population needs to be vaccinated against COVID in order to achieve immunity, and experts’ estimates have, concerningly, only become harder to pin down over time.
Whereas earlier last year experts were saying that the optimum number to achieve herd immunity was 70 percent, a number that Fauci initially agreed with, he has since quietly bumped that number up — first to 75, then 80 percent, and later still to 90 percent by the end of December, according to The New York Times.
At the current rate of vaccination, with the two-dose vaccines currently being used, 90 percent of the population will likely not get vaccinated for nearly a year, according to a vaccine population calculator put out by The Washington Post. Last week, 1.48 million vaccines were administered a day. That number is climbing and is above Biden’s original goal of 1 million vaccines a day in his first 100 days in office, but it will take 2 million shots per day to reach 90 percent vaccinated by November, according to the calculator.
Still, realistically, 90 percent vaccinated will be very hard, if not impossible, to hit. Pollsshow that around 15 percent of Americans are adamantly opposed to receiving the vaccine. A further 17 percent say they probably won’t get it, according to a new Associated Press-NORC poll.
The new variants of the coronavirus pose problems, too, and make vaccination administration an issue of speed. Health experts say that not only should the administration shift their aspirations higher with regards to vaccine administration, but that higher vaccination rates will be necessary in order to come out ahead of the new, more transmissible variants like the ones first found in South Africa, Brazil and the U.K. — and possibly others. The director of the Centers for Disease Control and Prevention (CDC) said on Monday that new variants have likely formed but haven’t yet been detected.
Speed is of the essence here — if more people are immunized faster, then the virus has less of a chance to form new variants. Some scientists are exploring the possibility that the U.K. variant, for instance, formed and mutated in one person. So, it follows that the smaller the number of people infected, the less opportunity the virus has to be introduced into environments where it could thrive and mutate.
As far as the vaccines themselves, clinical trial results have been promising so far in that all of the vaccines have been effective against severe illness, hospitalization and death. What is relatively unknown is how each vaccine can perform against the variants specifically, and that’s throwing a lot of uncertainty into the herd immunity matrix.
Trials for the Johnson & Johnson vaccine released last month found that the vaccine was only 57 percent effective at preventing infection in South Africa, where a variant is now dominant. The Novavax vaccine, which is currently being tested in the U.S., was found to be only 60 percent effective in South Africa, and even less so among people with HIV.
The trials for the Moderna and Pfizer vaccines were conducted before the new variants were found, so little is known about their efficacy. Lab results have led experts to hope that, since both vaccines have been otherwise so effective, the vaccines will still perform fine against the variants. But, without a full set of clinical trials, it’s impossible to tell.
The vaccines can be tweaked to be effective against the variants if need be, health experts say, but that will take time — time that we don’t necessarily have if we want herd immunity soon.
The good news is that, as more people have been vaccinated, cases are declining. And, even if herd immunity is never achieved, with the vaccines dampening the most serious effects of the virus, the world may just be able to adapt.