Tag Archives: Omicron

A Silver Lining In The Omicron Ugliness? – Update for December 21, 2021

We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues.

IT WAS THE BEST OF TIMES…

best210111So omicron is unlikely to respect that you’ve had COVID before or been vaccinated, and there’s no reason to believe that it’s milder than its predecessors (see below). What could possibly be good about that?

What’s good is that this may represent the last best chance for inmates to win COVID-based compassionate release motions under 18 USC § 3582(c)(1)(A)(i). In the last 6 months, courts have often cited the questionable fact that if you’ve had COVID, you’re less likely to have it again or have it more seriously. What’s more, the judges are holding that being vaccinated reduces the risk to a level where compassionate release is unnecessary.

There’s a good argument to be made now that omicron has kicked the legs out from under both those arguments.

And this might be the last best chance to get a COVID compassionate release. Drugmakers Pfizer and Merck have both sought authorization for a COVID pill, and early tests show Pfizer’s pill cuts hospitalization and death from COVID by 90% and works against omicron.

Act-Now-300pxOnce those pills are approved and generally available – estimated to be about 90 days – it’s quite likely that the COVID compassionate release will be a thing of the past.

Macbeth might advise prisoners, “If it were done when ’tis done, then ’twere well it were done quickly.”

Reuters, Pfizer says COVID-19 pill near 90% protective against hospitalization, death (December 14, 2021)

– Thomas L. Root

It’s Getting Ugly Out There – Update for December 20, 2021

We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues.

IT WAS THE WORST OF TIMES… OR IT’S GOING TO BE

In its never-ending game of COVID whack-a-mole, the Federal Bureau of Prisons continues to tamp down outbreaks in one facility only to have the virus spike in another. Last week, inmate cases climbed 8% over the week before to 286, and staff numbers increased slightly from 237 to 242. Significantly, COVID is now present in 88% of BOP facilities, up six from last week’s 101-prison count.

christmasskull211220The BOP reported two more inmate deaths, one at Butner and another at FMC Fort Worth. Both were of people who had previously recovered from COVID, meaning that since March 2021, 56% of all inmate COVID deaths were people who had caught the virus once before but suffered lighter symptoms. So much for the trope that recovering from a previous bout of COVID protects a person from reinfection…

Alderson, USP Allenwood, Waseca, FCI Pollock, and Coleman Medium all reported ten or more inmate cases as of last Friday. Carswell and Rochester reported more than ten staff cases.

The BOP’s problem is COVID-19 delta. And now, here comes the COVID-19 omicron variant to disrupt the BOP even more.

Omicron is spreading so quickly that almost anything I write will be outdated by the time you read it. As of last Friday, New York State broke its previous record for new daily cases, set 11 months ago. “This is changing so quickly. The numbers are going up exponentially by day,” New York Governor Kathy Hochul said Friday. Yesterday, outgoing National Institutes of Health Director Dr. Francis Collins told CNN, “If Americans don’t take COVID-19 seriously, the country could see 1 million daily infections.”

Nationally, the number of confirmed omicron cases increased 97% from Friday to Saturday. Omicron is now spreading in 44 states. The US is currently averaging 121,707 new Covid-19 cases each day with 1,286 deaths each day. Michael Osterholm, director of the Center for Infectious Disease Research and Policy at the University of Minnesota, told CNN last Thursday, “I think we’re really just about to experience a viral blizzard. I think in the next three to eight weeks, we’re going to see millions of Americans are going to be infected with this virus, and that will be overlaid on top of Delta, and we’re not yet sure exactly how that’s going to work out.”

plague200406Yesterday, outgoing National Institutes of Health Director Dr. Francis Collins told CNN, “If Americans don’t take COVID-19 seriously, the country could see 1 million daily infections.”

Take it seriously? While 92% plus of federal workers have heeded the President’s order to get vaccinated, as of last Friday, only 68% of the BOP staff have done so. And how do you think the virus gets into otherwise locked-down facilities? The BOP – where every change of watch is a superspreader event.

There’s more bad news. An Oxford University study released last week found that two doses of the Pfizer vaccine are much less effective at warding off COVID omicron than previous variants of the coronavirus, especially beyond 28 days after the second dose. of either vaccine. When omicron was introduced to those samples, scientists reported “a substantial fall” in the neutralizing antibodies that fight off COVID compared to the immune responses seen against earlier variants. The research paper noted that some vaccine recipients “failed to neutralize [the virus] at all.”

omicron211220

The Johnson & Johnson “vaccine produced virtually no antibody protection against omicron, “underlining the new strain’s ability to get around one pillar of the body’s defenses,” according to one of the researchers. A Dec 16 Imperial College of London study found that the risk of reinfection with the Omicron coronavirus variant is more than five times higher, with no sign of being milder than prior COVID variants.

If that’s not enough, last Thursday, the Centers for Disease Control and Prevention recommended adults take the Pfizer or Moderna COVID-19 vaccine over the Johnson & Johnson one-shot vaccine after agency officials reported the rate of a severe but rare blood-clotting condition was higher than previously detected.

Expect more lockdowns, restrictions, and inmate deaths.

NPR, U.S. could see 1 million cases per day, warns departing NIH director Francis Collins (December 19, 2021)

NBC, ‘This Is a Whole New Animal:’ NY Reports Highest Single-Day Case Total of Pandemic (December 17, 2021)

CNN, The latest on the coronavirus pandemic and the Omicron variant (December 17, 2021)

Wanwisa Dejnirattisai, et al., Reduced neutralisation of SARS-COV-2 Omicron-B.1.1.529 variant by post-immunisation serum (Oxford University, December 13, 2021)

Bloomberg Quint, J&J Shot Loses Antibody Protection Against Omicron in Study (December 14, 2021)

Neil Ferguson, et al., Growth, population distribution and immune escape of Omicron in England (Imperial College – London, December 16, 2021)

Wall Street Journal, CDC Recommends Pfizer, Moderna Covid-19 Vaccines Over J&J’s (December 16, 2021)

– Thomas L. Root

COVID – We Ain’t Seen Nuthin’ Yet? – Update for December 15, 2021

We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues.

LADIES LEAD THE WAY IN COVID NUMBERS JUMP

Bureau of Prisons inmate COVID numbers have jumped 65% in the last two weeks to 243, fueled by a spike at FCI Waseca, where 125 female inmates were sick last Friday. That number has dropped by half as of yesterday, due in no small part to the BOP’s habit of declaring any inmate to be recovered after t days, no matter her condition as long as she has no fever.

COVIDheart200720The BOP’s technique, a bastardization of what the Centers for Disease Control and Prevention recommends, no doubt accounts for the fact that 56% of all inmate COVID deaths in the last nine months have been of prisoners who had been declared “recovered” at some point in the past 20 months by the agency. Some inmates have reported that they were declared “recovered” ten days after COVID was diagnosed after nothing more than a quick temperature check. Others have reported that temps weren’t even taken: after ten days (provided you were not dead), you were considered to be “recovered” and sent on your way.

Case in point: an inmate whose death was reported today had COVID last February. “On Tuesday, February 16, 2021, in accordance with Centers for Disease Control and Prevention (CDC) guidelines, [he] was converted to a status of recovered, following the completion of medical isolation and presenting with no symptoms,” the BOP recounted in what has become its Newspeak for such situations.

Staff cases are stubbornly holding, at 229, within a rounding error of two weeks ago (232). The number of BOP facilities affected by COVID stands at 102, about the same as two weeks ago.

plague200406The BOP has logged four more inmate COVID deaths in the past two weeks. One of them was a Terminal Island inmate whose death last May 10 was only now attributed to COVID. Like more than 60% of inmates dying since March 2021, the inmate had recovered from COVID once before contracting it again and dying of it the second time around.

Nearly 93% of the federal workforce has now received at least one COVID-19 vaccine dose. Avernment Executive magazine, more than 97% is in compliance with President Biden’s mandate by either getting a shot or requesting an exemption. But BOP compliance is lagging significantly: As of last Friday, only 68% of BOP employees and 72.3% of inmates have been vaccinated. With the Biden Administration admitting no one will be fired for not getting the jab, new employee vaccinations have slowed to a crawl.

The real COVID news in the last few weeks is not the delta variant, which is still responsible for current inmate cases. Instead, delta may be a tortoise next to the COVID-19 omicron variant. That variant – identified in South Africa for the first time on November 24, 2021 – has been found in 25 U.S. states in just 16 days. Officials of the UK and other European countries have predicted that omicron will become the dominant strain of COVID in their countries “within days, not weeks.” Cases in Europe are doubling “every two to three days.”

omicron211215Vaccines appear not to provide heightened resistance to omicron. An Oxford University study has found that two doses of Oxford-AstraZeneca or Pfizer-BioNTech Covid-19 vaccines are substantially less effective at warding off omicron than previous coronavirus variants. The study tested blood samples of people 28 days after their second dose of either vaccine. When omicron was introduced to those samples, scientists reported “a substantial fall” in the neutralizing antibodies that fight off COVID compared to the immune responses seen against earlier variants. The research paper noted that some vaccine recipients “failed to neutralize [the virus] at all.”

The same is true for the J&J single-dose vax. Johnson & Johnson’s vaccine produced virtually no antibody protection against the omicron coronavirus variant in a laboratory experiment, underlining the new strain’s ability to get around one pillar of the body’s defenses.

While there has been some speculation that omicron may not generally cause symptoms as severe as those caused by alpha and delta variants, no studies have yet confirmed that. In fact, Dr. Paul Burton, chief medical officer for Moderna, predicted yesterday there is a very real risk of getting a “dual infection” from both omicron and delta. He said: “In the near future these two viruses are going to coexist.”

deadcovid210914The UK logged its first omicron death on December 13, only two weeks after the nation recorded its first omicron case. Boris Johnson, the UK Prime Minister, warned that “the idea that this is somehow a milder version of the virus, I think that’s something we need to set on one side and just recognize the sheer pace at which it accelerates through the population.”

The silver lining to the coming 4th wave is this: with a COVID pill about 100 days away, this may be the last chance for prisoners to convince a court to grant a compassionate release based on COVID.

Mankato Free Press, Waseca prison has biggest COVID-19 outbreak in country (December 9, 2021)

BOP, Inmate Death at FCI Terminal Island (December 6, 2021)

BOP, Inmate Death at FCI Butner II (Medium) (December 14, 2021)

Government Executive, An inside look at the White House’s approach to implementing Biden’s mandate (December 10, 2021)

New York Times, South Africa detects a new variant, prompting new international travel restrictions (November 25, 2021)

CNBC, Omicron detected in Florida and Texas as it takes root in 25 U.S. states (December 10, 2021)

Washington Post, Omicron could soon become dominant in some European countries, officials predict (December 10, 2021)

Oxford University, Reduced neutralisation of SARS-COV-2 Omicron-B.1.1.529 variant by post-immunisation serum (December 13, 2021)

– Thomas L. Root

BOP COVID Number Climb Again – Update for December 9, 2021

We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues.

COVID’S BACK… REALLY, IT NEVER LEFT

coviddelta210730Not quite 6 months ago, the CDC director predicted that COVID-19 Delta – which had just been identified – was likely to become the dominant strain in the US. As of two weeks ago, Delta accounts for 99% of COVID worldwide.

Now, the first cases of COVID Omicron have made US landfall. The New York Times reported last Friday that new research indicates that the Omicron “variant can spread more easily than Delta, which was previously the fastest-moving version of the virus.” Omicron’s rapid spread results from a combination of contagiousness and an ability to dodge the body’s immune defenses, the researchers said. South African scientists reported on Thursday that having had COVID-19 previously appears “to offer little to no protection against the Omicron variant.”

Even without Omicron, the BOP is experiencing a post-Thanksgiving COVID surge. Yesterday, 254 inmates systemwide had COVID, up 49% from a week before, primarily due to 132 new cases at FCI Waseca. Staff cases fell from 231 to 220, and the number of affected prisons held at 99. The BOP has logged four more COVID deaths, three of whom have been identified, at FCI Hazelton, FCI Seagoville, and FCI Terminal Island. One of the announced deaths is of someone who had had COVID-19 before but had recovered.

deadcovid210914BOP vaccinations slowed last week. Vaccinated staff numbers rose about 8/10ths of a point to 67.35%. Inmate vaccinations ended the week up 6/10ths of a point to 71.55%.

A UK study last week reported that in late autumn 2020 in the U.K., COVID-19 became more lethal—meaning that the probability that an infected person would die from the disease increased. Scientists are trying to determine the reason for the deadlier results. And yesterday, Dr. Rochelle Walensky, director of the CDC, told the Associated Press that of the 40-plus people known to be infected by omicron so far in the United States, more than 75% were vaccinated, and one third had received a booster shot. She said that almost all the cases resulted in mild illness, with only one case requiring hospitalization.

Wall Street Journal, Delta Covid-19 Variant Likely to Become Dominant in U.S., CDC Director Says (June 18, 2021)

SciTechDaily, New Statistical Analysis Shows COVID-19 Became Much More Lethal in Late 2020 (December 1, 2021)

CNBC, WHO says delta variant accounts for 99% of Covid cases around the world (November 16, 2021)

USA Today, Delta drives surge in US cases before omicron gains foothold; 75% of US infections by new variant among vaccinated: Latest COVID-19 updates (December 10, 2021)

– Thomas L. Root