NY Supreme Court Reinstates Nurse Who Was Fired For Refusing Vaccine

Buffalo New York nurse Wendy Cooper refused the COVID-19 vaccine in 2021 and was terminated from her Roswell Park Comprehensive Cancer Center job as a result of COVID vaccine mandates in New York. In August 2023, State Supreme Court Justice Emilio Colaiacovo reinstated Wendy Cooper, ruling that her termination was “irrational and contrary to public policy.” 

Colaiacovo said that Roswell Park Comprehensive Cancer Center must address her retroactive pay and benefits and went on to state that, “Ms. Cooper is an unfortunate victim in the wake of excesses exhibited by governors, administrators, legislatures, and yes, even the judiciary,” Colaiacovo wrote in his decision. “All too frequently did critical thinking and the exercise of personal liberties expire at the altar of false righteousness, fear, and authority.”

In May 2023 the State of New York Health Department repealed the COVID-19 vaccine mandate for healthcare workers. 

Roswell Park Comprehensive Cancer Center told Buffalonews.com they plan to appeal the decision. They also confirmed that previously terminated employees can re-apply for open positions at the facility. Other hospitals in the state are also attempting to rehire nurses who were terminated during the mandate. 

Nurse.org contacted Roswell Park Comprehensive Cancer Center for remarks and will update the article with their statement. 

Read the Wendy Cooper full case documents here.