Reversal sought in Tyson COVID death suit dismissals – WCF Courier

WATERLOO Attorneys for the estates of Tyson workers who died of COVID-19 related complications during the 2020 pandemic are asking the court to reconsider a ruling that dismissed their lawsuits.

In October 2023, Judge John Sullivan ruled that suits brought by representatives of Kabeya Axel Mukendi and Felicie Joseph lacked jurisdiction in civil court because workplace injuries are covered under workers compensation system, not the courts.

The ruling mirrored a January 2023 decision in suits brought by the representatives of Isidro Fernandez, Sedika Buljic, Reberiano Leno Garcia and Jose Luis Ayala Jr. that failed to find claims of wanton neglect needed to give the court jurisdiction.

While the court recognizes the tragic circumstances that arose from the situation, the law requires that plaintiffs claims proceed under the Iowa Division of Workers Compensation pursuant to the IWCA. This Court lacks the subject matter jurisdiction to consider the plaintiffs claims, Sullivan wrote in his ruling.

The court does not find that the plaintiffs have pled sufficient facts as to each individual defendant that rise to the level of gross negligence amounting to wanton neglect that would remove these matters from the jurisdiction of the Iowa Division of Workers Compensation, the opinion reads.

Workers compensation claims, which have lesser opportunity for damages, have been filed, according to court records.

Attorneys John Rausch, Thomas Frerichs and Mel Orchard III who are handling the Mukendi and Joseph cases asked the district to reconsider the ruling in papers filed earlier this month.

An earlier challenge brought by attorneys in the others suits was defeated in district court.

The lawsuits alleged Tyson officials misled employees at Tyson Fresh Meats in the spring of 2020 about the dangers of the coronavirus and the presence of the virus at the hog-processing facility.

Tyson workers in Waterloo got the COVID-19 vaccine Thursday.

Tyson workers in Waterloo got the COVID-19 vaccine March 4.

Tyson workers in Waterloo got the COVID-19 vaccine March 4.

Tyson workers in Waterloo line up for the COVID-19 vaccine in 2021.

Tyson workers in Waterloo got the COVID-19 vaccine March 4.

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Reversal sought in Tyson COVID death suit dismissals - WCF Courier