Child sues government over lengthy isolation
(CNS): Eight-year-old primary student Tyler Anglin is suing the government over a breach of his human rights, having been in isolation for over three weeks as a result of continued positive COVID-19 tests, even though he was asymptomatic and health officials could not show he was contagious. In the first case of its kind in the local courts, the boy, through his mother, Dione Anglin, is arguing that his rights and freedoms were threatened by the government and its isolation policy, and that constantly testing him was unlawful and irrational.
The defendants in the suit are the attorney general as the first respondent and the Health Services Authority as the second.
On 26 January, Tyler Anglin had mild COVID symptoms and a lateral flow test showed he was positive. He had a positive PCR test on 28 January, by which time he was asymptomatic but had Ct values of 23.79 (N1), 23.58 (E-SarbecoV) and was directed to isolate at home.
Although he was not unwell, the boy continued to test positive. On 5 February, after another PCR test revealed Ct values of 28.87 (N), 28.96 (ORF1ab) and “Negative” (S), falling in the middle bracket, he sought the discretion of the Public Health Department over his potential release.
Dione Anglin contacted the Flu Hotline the next day, but she was told her son would need to submit to a further test. “No sufficient reason was given explaining that decision,” the document filed with the court outlining the case states. “Requiring the Petitioner to submit to a further test was in breach of his rights.”
On 7 February, the boy had yet another PCR test, which was still positive with Ct values of 26.60 (N), 26.69 (ORF1ab), and “Negative” (S). On 8 February, Public Health again directed the boy to remain in isolation, which his lawyers argue was a breach of his constitutional rights.
By this time he had been in isolation for almost two weeks without any symptoms. Later that day Dione Anglin wrote an email to Medical Officer of Health Dr Samuel Williams-Rodriguez and requested the reason why Tyler had not been released, as the PCR tests can only identify the presence of viral RNA in the sample and does not indicate the presence of infectious virus.
She pointed out that PCR tests can show positive results for twelve weeks but the test cannot determine whether an individual is infectious.
But the MOH responded that release for individuals in isolation was only applicable when they had completed the isolation period, are asymptomatic for at least 23 hours and the Ct value is 32 or over, and said the required Ct value was not met on Tyler’s tests.
Dr Williams-Rodriguez also said that while Public Health was aware of international guidelines, “from the beginning of the Pandemic, we have been taking our own decision on the particularities of the Cayman Islands, this approach will continue”.
“No reason was given as to why further isolation was required despite the Petitioner being in the middle bracket of the Policy,” the suit states, adding that this was a breach of natural justice.
At that point, the family sought the help of a lawyer, who on 11 February requested that the boy be released from isolation. But on 14 February, Public Health still refused to release him until he took another PCR test. On 17 February, when the petition was filed with the court, Tyler was still in isolation.
The lawyers argue he has suffered both mental and physical harm as a result of taking the PCR tests.
“The weight of the evidence demonstrates that the majority of individuals who have contracted COVID-19 pose no more than a minor risk of transmitting the virus to others after 7 days when they are asymptomatic… It was therefore not justifiable for the Second Respondent to decide to continue to direct the Petitioner to isolate after the 2nd February 2022, after the Petitioner had completed 7 days isolation and was asymptomatic.
“The risk that he posed to others in the community, if any, did not justify his continued detention and the consequential contravention of his human rights,” the petition states.
The lawyers argue that the tests Tyler took could not distinguish whether or not he was contagious, which was acknowledged by Dr Williams-Rodriguez.
“The PCR test regularly returns a positive test for individuals who are non-contagious or recovered. This effect can last for more than 100 days,” the lawyers state on Tyler’s behalf, adding that the additional tests were not justifiable as a condition of release “because of the likelihood of a meaningless result”.
“The Decisions and the Policy place insufficient weight on the fact that COVID-19 is present and prevalent in the community with approximately one in twenty people in the Cayman Islands carrying the virus at the date of the Petition. There is the obvious likelihood that, when contagious, those individuals will pass the virus to others. In those circumstances, the Decisions and the Policy result in disproportionate and unjustifiable contraventions of the Petitioner’s rights,” the suit states.
“The Decisions and the Policy placed insufficient weight on the fact that a large majority of the Cayman Islands population has received at least one dose of a COVID-19 vaccine.”
The petition states that vaccinated people are unlikely to suffer serious symptoms, if any, if they become infected and are far less likely to transmit it to others. “The decisions to continue to direct that the Petitioner isolate, particularly after the contagious period had passed, resulted in unjustifiable contraventions of the Petitioner’s rights.”
The suit argues that the PHD’s decisions about his case were not lawful, rational or proportionate and were therefore unlawful under the Bill of Rights. However, the case has wider implications for everyone caught up in the isolation issue since some families were locked down for even longer than Tyler Anglin even though they were not sick and very unlikely to be contagious.
This case has not yet been placed before a judge but is likely to attract considerable public attention.
See the petition on the website of the Judicial Service, case G 0044 OF 2022, or search for “Tyler Anglin”.
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Category: Health, Local News, Medical Health
Stop letting them test your kids. Job done…
A friend in Hong Kong works in a bank. He’s triple vaccinated. He caught covid anyway> No real ill effects due to vaccination but he gave it to his, also triple vaccinated wife, before he realized he was positive.
She meanwhile passed it on to her very fit, early 40s sister. Who was very sick with it despite being double vaccinated. (Last shot 6 months ago). This young lady runs up mountains for exercise.
Even worse she gave it to a 70 year old lady who is diabetic and, for other health reasons, was not vaccinated (doctor’s recommendation), She is extremely sick and can hardly breathe.
All from one triple vaccinated person.
Exactly what are you trying to say?
We know the vaccines don’t stop transmission, everyone knows they are a bust !
The puzzling thing is how you came to the conclusion that there was a direct line of infection from your Hong Kong banker friend to his wife, then she infects her sister, and then the sister infected the 70 year old lady.
How did you scientifically prove that chain of events?
Each one may have had the virus and been asymptomatic.
It’s an airborne disease, so it’s impossible to prove who gave who the virus.
Must make sure the Vaccinated aren’t the spreaders of covid? How does that make sense?
Because even if jabbed, you can still catch and spread the virus. The “rarity” of breakthrough infections have become a common thing.
The American way of life have taken over Cayman. Totally entitled people. Caymanians should be shamed of themselves. What about the vulnerable that have been isolating for two years? My child has suffered worse since coming out of isolation. After every holiday, someone in his class has Covid. He can’t concentrate on his studies. I would never dream of suing government for protecting us.
If everybody sues, where is government going to get money for the people who really need it? Work permits, developers and custom duties.
The Government should have thought about this before continuing draconian emergency laws when the situation is no longer an emergency. They are not exempt from the law. Who is advising the Government? Should they still be holding their position given their horrible track record? They need to be proactive and reactive as they are with most issues regarding the governance of these islands.
Finally! Someone with the cahones to call out these ridiculous quarantine rules that have made Cayman into a xenophobic nanny state!
After experiencing 18 days in quarantine (vaccinated and booster) got mild case of Omnicron which symptoms lasted one day. HSA provided me with my PCR said it was positive and gave me a value 24 then proceeded to tell me it has to reach 32 before I can be released. Took a LFT on day six and was negative so called HSA and said I’m good as Omnicron is contagious the first three to five days, was told needed to take another PCR because of the value. Called family friends who are Doctors abroad and they were baffled with why our CMO would use that technic to release anyone from quarantine as PCR can pick up a viral load way after 90 days. It was reconfirmed that I would no longer be contagious and should be fine. Long story short I ended up doing two more PCR and not released until the “value” was 35 so 18 unnecessary days in captivity. My message to government stop with the PCR testing and use damn common sense. I applaud this family and hope this changes how things are handled as the mental health for anyone is truly tested.
It’s not even common sense – it’s the science, which they claim to be following. Of course what it really is is political pandering to a grouping in the electorate who don’t understand the science and are frightened.
@8:44 Same experience here.
i am triple vaxxed but thank god someone is taking action against the idiotic policies of this government….policies that never made any sense
The Public Health Regulations to control the spread of COVID were appropriate and frankly, in the context of when they were initiated, made more sense than many other jurisdictions with better information flow, and capacity to have known better. The issue here was that there were also policy holes in regards to general public community spread that made these Public Health Orders somewhat irrelevant, as well as high levels of public defiance, negating best efforts. These are different issues that can’t just be blamed on the Attorney General or Public Health Department.
in the context of when they were initiated, – exactly; but why are they being maintained long after that context has changed?
Well, up until a couple weeks ago, we were in the thick of it, with up to 20% of the population positive. We can also see they are now relaxing the rules. Cruise shippers coming in under a couple weeks with no disembarkation test requirements.PPM would have gone into hard lockdown in August, and locked the border down even more. Damned if you do, damned if you don’t.
Lol
Triple Vaxxed, which you probably aren’t as that is the first sentence of most anti-vaxxers to justify or make it seem like they are on the side of the vaccinated. Secondly, triple vaxxed or not, you can still catch and spread covid.
What should the government have done during the whole Pandemic time, just let everyone do as they please? I for one am thankful and grateful that protocols were put in place, did I like them, absolutely not, but who did? Had both governments just sat back and did nothing, we wouldn’t be worried about belocked up but probably would be suing the Government because a lot of our family members had died while the government tdid nothing.
No one will be happy with any option put forward.
They have done their best and considering the circumstances I think we faired very well.
This lawsuit is nonsense.
I went to Jamaica. While returning I was quarantined although fully vaccinated here, stating it is of no use as Jamaica doesnt have 60 percent vaccination. UK didnt do like that.who advises Govt?
Another example of our great knowledge for our own decision is of testing of vaccinated arrivals. Finally glad no more of that. But if we want to travel to UK ,no preboarding testing if vaccinated but if we want to return we need preboarding testing even vaccinated.let us be logical.
UK was not doing exit testing from the behinning. How come we do our own decision.on what scientific basis?
Behinning ? Don’t you have spell check ?
Cue the anti-vaxxers.. I’ve got my popcorn out and ready!
Thank goodness someone has finally done this.
waste of gov money when they/we need every penny we can save. Thirsty?
Every person who met a similar climate of treatment by Caymans Health Services , should in turn also sue. I personally know of vaccinated travelers who tested positive on arrival in Cayman from the U.K. and were still being directed to quarantine 30 days later , after multiple PCR tests with similar values as young Mr. Anglin’s.
How selfish.. what about the possibility of infecting all his classmates? Then perhaps they would have sued him for life endangerment. Health official could not show that he was contagious but I am sure they also could not rule it out!
Geez. So dramatic. Also, not scientifically possible to still be contagious after that long. Why do you think that literally everywhere else in the world does not do exit testing. After 5, 7, 10 days (depending on where), you are free to live your life.
Good statement that we make our own decisions.Poor Cayman!!!!!!!!
You need to learn that there will s almost no chance of infecting anyone after q
10days
People can keep testing positive for 90 days or more and the more times you have Covid the longer you test positive.
Get with it and do some research!
People that test positive & are still asymptomatic are carriers, & can pass it on to others.
Nope. No evidence that Omnicron is contagious after 7 days.
Life endangerment? I’ve got a bridge I’d like to sell you. It’s highly unlikely that the young mans classmates have multiple comorboties….the common denominator.
STOP exit testing NOW!!! No other country still does this. Not a good use of resources and not making an impact on the rate of spread of COVID. So far behind the times.
Good luck. Glad someone has challenged these ‘rules’. Clearly not guided by the science.
Who will challenge allowing cruise shop passengers to disembark here without testing, when air passengers are required to test within a day of arrival? I would, but no plans to travel until May.
A helpful move on behalf of all CI students and their caretakers. Good luck, Tyler and Dione.