Legal

I've had it with this muthafucking XDR-TB on this muthafucking plane!

pO157.

Posted to Legal on Fri Jun 01, 2007 at 07:48:12 AM EST (promoted by port1080). RSS.

The news services have been abuzz recently with the story of a man identified as laywer Andrew Speaker. He is said to be involuntarily quarantined after becoming infected with a type of tuberculosis (XDR-TB) which is quite scary due to its extensive drug resistance.

XDR-TB, while a major problem in other countries, is quite rare in the industrialized world, including the United States. Because of this, the CDC has strict guidelines about treatment which has lead to similar stories occurring previously. However, this case has some interesting twists and turns which make it unique. It is spread, like other types of TB, simply by being exposed to an infectious carrier in a confined space for an extended period of time. This can occur by being in an airplane for several hours sitting near to an infected individual.

The patient which has caused all of this media attention was apparently one such individual who was warned by his caregivers that he had contracted a highly resistant form of tuberculosis and advised to avoid large gatherings and not travel. Instead, he then took 3 flights to and around Europe to get married and go on a honeymoon two days later. At this point the CDC caught up to him in Rome, told him he had XDR-TB and asked he turn himself into a local hospital or the US consulate. Instead, he then took several more flights to Canada and re-entered the United States via a small land border crossing in upstate NY because he was told he was put on a no-fly list and his passport flagged. Surprisingly, he was not halted by US Customs at the border causing concerns by Senator Schumer (D-NY):

Shows that something is wrong with the training and supervision of our border agents. We put all this time and effort into identifying those who shouldn't enter our country, but what good is it if it can be brushed aside by a border guard? I shudder to think that this individual could have been a terrorist.

The patient then traveled on his own to a hospital in New York City where he was then found by the CDC and transported to their facility in Atlanta, Georgia under armed guard and the first federal involuntary quarantine order since 1963. At this point they began the process of retracing his steps and attempting to notify the 110+ people he potentially exposed to XDR-TB on his flights.

Of course, with the current worry about 'bird flu' and world ending plagues being transmitted by planes this caused some serious debate among interested parties. While some of the blame is being assigned to the carrier by pundits, other places such as a weak quarantine law. According to Lawrence Gostin, a public health expert at Georgetown University, if the patient had challenged the quarantine order "he would probably win in court." Mr. Gostin is advocating for an update to isolation laws and allowing the CDC access to passenger manifests to track potentially exposed travelers faster.  

As for the patient ID'd as Mr. Speaker, he was said to be transferred to a specialty hospital in Colorado on a CDC charter along with his wife and armed federal marshals. Sources say he will be likely be kept in isolation for an extended period of time until his health situation changes, although he broke no laws in his worldwide jaunts and will not be charged with any crime.

Tags: edited by Port1080, written by pO157, XDR-TB, tuberculosis, CDC, Atlanta, Athens, Rome, plague, bird flu, Andrew Speaker, Lawrence Gostin, healthcare, no-fly list, security, terrorism, Samuel L. Jackson, antibiotic resistance, health, science (all tags)

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Minority Report

pO157.

Fri Jun 01, 2007 at 10:54:25 AM EST

5.00 (brilliant)

I will defend my "no" vote on the poll, because I see I am in the very rare minority. I wrote the question to ask if he should have immediately been sent to the hospital isolation ward upon getting his diagnosis, before any of this happens. I predict with the push to re-examine the procedures and laws in cases like this that the same question will come up in the media and elsewhere.

There is little reason why somebody with XDR-TB could not have been given instructions on how to isolate themselves at their residence (a short of "shelter in place" to use post 9/11 DHS terminology) if they do not require hospital care. I would argue that most of us, if given such a diagnosis would gladly stay home and only go outside when necessary and allowed [with a mask on, as the patient in Arizona in the earlier story was ordered to use]. This would prevent exposure to hospital workers and free up beds for more critically ill patients. I postulate that very few of the medical staff he interacted with at the hospital believed somebody as "well educated" as he was would actually go forth and endanger the lives of fellow travelers around the world as he reportedly did.

If a trend is made to involuntarily commit patients with this type of condition immediately to hospitals or institutions upon diagnosis at least two things will happen 1) The hospitals will fill up with patients who could manage themselves appropriately at home 2) Patients who know they were exposed to a "TB Andy" will avoid reporting themselves to their doctor or seeking care for fear of being tossed in the medical clink (TB Tank?).

Save involuntary commitment for patients who are: idiots like this guy, who are physically unable to care for themselves, who are in such an advanced stage of disease or are actually infected with an ailment that even self-isolating at home is too risky.

Of course, this could simply be my ignorance of the threat of XDR-TB talking.

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Re: Minority Report

3fingerspointback.

Mon Jun 04, 2007 at 03:06:35 PM EST

4.50 (interesting, informative)

Slate put up an Explainer article that goes over the various protocols we have for quarantining a patient.  It sounds like forced isolation is generally a fallback method that is used when a patient deliberately disobeys requests to take precautions.

That's about as far as I'm willing to go in the name of public safety.  Health reasons are the only ways left in this country that the government can round up and detain people with little protest.  I'd be very wary of giving the state the power to do this without the agreement and consent of the affected people, as the current process implies.

(is 3fingerspointback)

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Re: Minority Report

thefadd.

Fri Jun 01, 2007 at 02:14:01 PM EST

none

Trying to re-find the links but I've read the Speaker is in the early stages of his TB so it's not that bad and that if he took a quarantine to court, he'd likely win.

make it rain you nappy headed ho's

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Re: Minority Report

pO157.

Fri Jun 01, 2007 at 02:22:03 PM EST

none

It would be interesting to see what would happen if he made a proper court challenge.

From what I recall, the legal pundits were saying that the bulk of his challenge would be to the constitutionality of the quarantine order. I am sure on there is some substance to an argument demanding he be locked up (eg acting like an idiot and taking intercontinental transport and potentially exposing others on the plane), just not so sure about the constitutionality of the whole affair. Apparently the CDC can administratively order such a measure without consulting a judge. However, kudos to the CDC for using that broad power quite sparingly and only in a needed case --- not something I'd expect to see in this day and age with this administration.

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(subqueue comment)

MayorBob.

Fri Jun 01, 2007 at 07:48:51 AM EST

none

Let an editor Samuel L. that motherfucker.  Here's a link that clearly identifies that Speaker's father-in-law works for the CDC in TB research:

http://www.theglobeandmail.com/servlet/story/LAC.20070601.TB01GTA/TPStory/National

Illegitimi non carborundum.

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Re: (subqueue comment)

thefadd.

Fri Jun 01, 2007 at 10:56:56 AM EST

none

Speaker's story has been burried in updates but does anyone recall the original reports of how he supposedly contracted TB? You hear all about his travels since he got TB now but unless it was through his father-in-law, it almost had to be from overseas.

make it rain you nappy headed ho's

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Re: (subqueue comment)

pO157.

Fri Jun 01, 2007 at 11:30:37 AM EST

none

Andrew Speaker recently moved from an upscale condominium complex in anticipation of his wedding, former neighbors said. He also wrote in an application to become a board member of his condo association that he was going to Vietnam for five weeks as part of the Rotary Club to act as an ambassador.

I think I remembered that. From another article it appears he was either planning on traveling to or had traveled to Vietnam. If that had already happened its possible he picked it up from over there.

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Re: (subqueue comment)

Steve Urkel.

Fri Jun 01, 2007 at 03:33:27 PM EST

none

His father-in-law is a TB expert, but both are claiming they didn't discuss his TB diagnosis. What the hell? Though maybe her dad hates him. That's weird though.

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