Diluted vaccine doses

MANHATTAN — A New York appeals court upheld the lower court’s dismissal of a health care worker’s claim for emotional distress, but not his retaliation claim based on allegations that he faced retaliation for expressing concern that Covid-19 vaccine doses were being overly diluted. The documentary evidence on the record does not warrant dismissal, and while isolated instances of overly diluting vials may not create a specific public health danger, but further fact-finding is needed to see if the misconduct was systemic.