Federal judge upholds Lilly’s firing of employee over COVID vaccine

INDIANAPOLIS (WISH) — A federal judge has ruled Eli Lilly and Company did not break the law when it fired an employee who refused to get a COVID vaccine because of previous reaction to a flu vaccine.

Judge Tanya Walton Pratt issued her ruling Friday in the case of Rachael Swanson.

Swanson, who worked as a sales representative for the pharmaceutical company for 15 years, was fired for refusing to get the COVID-19 vaccine before the company-mandated deadline of Nov. 15, 2021.

Swanson’s federal lawsuit argued the company refused to grant her a medical exception to the vaccination requirement.

In the lawsuit, Swanson claimed she had an “adverse reaction” to a flu vaccine shot in 2015.

Swanson said she was diagnosed with carpal tunnel syndrome, shoulder pain and cervical muscle pain and “likely had Guillain-Barre Syndrome (GBS) due to the timing of her vaccine and the onset of her symptoms.”

“Swanson has not designated any evidence showing the effect of GBS on the functions of her immune system,” the judge wrote. “She cites one-page of her medical record which simply states she was diagnosed with GBS.”

Walton Pratt also ruled that Swanson failed to prove her condition was covered by the Americans with Disabilities Act.

“At the time the accommodation request was denied, Dr. Israel stated that Swanson’s adverse reaction to the flu vaccine (or her resulting GBS) did not substantially limit any of her major life activities, bodily functions, or ability to perform essential job duties,” Walton Pratt wrote.

Swanson also claimed Lilly rejected her request for a religious exemption from the vaccine.