Attorneys Challenge Court Decision Dismissing Tyson Workers' COVID-19 Lawsuits
Representing the estates of Tyson workers who succumbed to COVID-19 complications during the 2020 pandemic, attorneys are urging a reevaluation of a court decision that dismissed their legal actions, according to a local news source.
Judge John Sullivan ruled in October of this year that the lawsuits, brought by representatives of Kabeya “Axel” Mukendi and Felicie Joseph, lacked jurisdiction in civil court. This ruling emphasized that workplace injuries fall under the jurisdiction of the workers' compensation system, not the judiciary.
Sullivan's decision followed precedent of a January 2023 ruling in suits brought by representatives of Isidro Fernandez, Sedika Buljic, Reberiano Leno Garcia, and Jose Luis Ayala Jr. The court found these suits failed to establish claims of wanton neglect necessary for jurisdiction.
The news source notes Sullivan's words in his ruling: “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.”
The opinion further states, “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.”
According to records, workers' compensation claims, which provide limited opportunities for damages, have been filed.
Attorneys John Rausch, Thomas Frerichs, and Mel Orchard III, handling the Mukendi and Joseph cases, have reportedly requested the district to reconsider the ruling in papers filed earlier this month. However, the news source indicates that a previous challenge by attorneys in other suits was defeated in district court.
The lawsuits allege that Tyson officials misled employees at Tyson Fresh Meats in the spring of 2020 about the dangers of the coronavirus and the virus's presence at the hog-processing facility.
