By Bill Britt
Alabama Political Reporter
MONTGOMERY—New guidelines by the American Academy of Pediatrics on RSV treatment will “pit premature babies’ families and care providers against the AAP in a showdown about who deserves preventative care,” according to Dr. Suzanne Staebler a Neonatal Nurse Practitioner in Atlanta, Georgia.
The CDC describes RSV as, “Respiratory syncytial virus, or RSV, is a respiratory virus that infects the lungs and breathing passages. Infection can be severe in some people, such as certain infants… In fact, RSV is the most common cause of bronchiolitis (inflammation of the small airways in the lung) and pneumonia in children under 1 year of age in the United States.”
Rep. Dr. Jim McClendon, R-Springvillle, has been fighting for the last two years to pass legislation to require the State’s Medicaid Agency to develop and implement policies and procedures to streamline the process for access to covered outpatient drugs for premature infants and ensure timely and appropriate access to care for premature infants.
Yet, Speaker of the House Mike Hubbard, R-Auburn, has also been battling to deny the State’s children access to the only preventative treatment that would ensure that new-borns survive an RSA infection. Hubbard has used the AAP’s controversial guidelines as an excuse to block legislation that would provide the need treatment to our State’s most vulnerable citizens.
“If adopted, the new AAP guidelines would take our standard of care to less than that of 36 other major countries,” said McClendon.
Alabama ranks 49 in infant mortality, statistics released by the Alabama Department of Public Health show that the State had a infant mortality rate of 8.9 deaths per 1,000 live births in 2012.
These numbers represent the deaths of 519 infants who did not reach 1 year of age. There were 58,381 live births in Alabama in 2012.
“Alabama’s high infant mortality rate is alarming and use of this drug can bring it down. It is time for Alabama to address this issue, and one way is to arm pediatricians with wider access to this drug,” said McClendon.
Dr. Staebler says, that a monthly injection of Palivizumab provides premature babies with enough antibodies to fight off RSV. “Monthly injections throughout the RSV season (roughly November to March) help to decrease the severity of RSV and related respiratory tract infections, hospitalization and longer-term complications,” according to Staebler.
Both the Senate and House Health Committee have provided bipartisan support for McClendon’s bill, but still the State fails to act to provide the needed medication to healthcare providers. McClendon has tried to pass legislation to circumvent the current cumbersome approval process and allow the State’s medical professionals to administer drugs in accordance with FDA guidelines, which are more generous than those advocated by the AAP.
Dr. Staebler, says that, “AAP’s eligibility guidelines disproportionately affect minority and low-income families, whose babies are more likely to be born premature.”
McClendon, says he applauds the Department of Public Health’s efforts to reduce the infant mortality rate in Alabama and that he would like to work with the department’s leadership to help insure that at-risk infants have access to medical care necessary for them to survive their first year.
Alabama hospitals nearing COVID-19 summer surge levels
Wednesday was the 18th straight day with more than 1,000 people in hospitals in Alabama with COVID-19.
Alabama hospitals reported caring for 1,483 people infected with COVID-19 on Wednesday, the highest number of patients since Aug. 11, when the state was enduring its summer surge. Wednesday was also the 18th straight day with more than 1,000 people in hospitals in Alabama with COVID-19.
The seven-day average of hospitalizations was 1,370 on Wednesday, the 36th straight day of that average rising. The Alabama Department of Public Health reported 2,453 new cases Wednesday. The 14-day average of new cases was — for the eighth day in a row — at a record high of 2,192.
Across the country, more than 80,000 people were hospitalized for COVID-19 on Tuesday, a record high and the 15th straight day of record hospitalizations nationwide, according to the COVID Tracking Project, a coronavirus tracking website.
The CDC this week recommended people not travel for Thanksgiving to help prevent the spread of coronavirus.
“The only way for us to successfully get through this pandemic is if we work together,” said Dr. Kierstin Kennedy, UAB’s chief of hospital medicine, in a message Tuesday. “There’s no one subset of the community that’s going to be able to carry the weight of this pandemic and so we all have to take part in wearing our masks, keeping our distance, making sure that we’re washing our hands.”
Kennedy said the best way she can describe the current situation is “Russian Roulette.”
“Not only in the form of, maybe you get it and you don’t get sick or maybe you get it and you end up in the ICU,” Kennedy said, “but if you do end up sick, are you going to get to the hospital at a time when we’ve got capacity, and we’ve got enough people to take care of you? And that is a scary thought.”
The Alabama Department of Public Health on Wednesday reported an increase of 60 confirmed and probable COVID-19 deaths. Deaths take time to confirm and the date a death is reported does not necessarily reflect the date on which the individual died. At least 23 of those deaths occurred in November, and 30 occurred in other months. Seven were undated. Data for the last two to three weeks are incomplete.
As of Wednesday, at least 3,532 Alabamians have died of COVID-19, according to the Department of Public Health. During November, at least 195 people have died in Alabama from COVID-19. But ADPH is sure to add more to the month’s tally in the weeks to come as data becomes more complete.
ADPH on Wednesday announced a change that nearly doubled the department’s estimate of people who have recovered from COVID-19, bringing that figure up to 161,946. That change also alters APR’s estimates of how many cases are considered active.
ADPH’s Infectious Disease and Outbreak team “updated some parameters” in the department’s Alabama NEDSS Base Surveillance System, which resulted in the increase, the department said.
Judge reduces former Alabama Speaker Mike Hubbard’s prison sentence
The trial court judge ordered his 48-month sentence reduced to 28 months.
Lee County Circuit Court Judge Jacob Walker on Wednesday reduced former Alabama House Speaker Mike Hubbard’s prison sentence from four years to just more than two.
Walker in his order filed Wednesday noted that Hubbard was sentenced to fours years on Aug. 9, 2016, after being convicted of 12 felony ethics charges for misusing his office for personal gain, but that on Aug. 27, 2018, the Alabama Court of Criminal Appeals reversed convictions on one counts. The Alabama Supreme Court later struck down another five counts.
Hubbard’s attorneys on Sept. 18 filed a motion to revise his sentence, to which the state objected, according to court records, arguing that “Hubbard’s refusal to admit any guilt or express any remorse makes him wholly unfit to receive any leniency.”
Walker in his order cited state code and wrote that the power of the courts to grant probation “is a matter of grace and lies entirely within the sound discretion of the trial court.”
“Furthermore, the Court must consider the nature of the Defendant’s crimes. Acts of public corruption harm not just those directly involved, but harm society as a whole,” Walker wrote.
Walker ruled that because six of Hubbard’s original felony counts were later reversed, his sentence should be changed to reflect that, and ordered his 48-month sentence reduced to 28 months.
Alabama Attorney General Steve Marshall on Wednesday said Walker’s decision to reduce Hubbard’s sentence was the wrong message to send.
“Mr. Hubbard was convicted of the intentional violation of Alabama’s ethics laws, the same laws he championed in the legislature only later to brazenly disregard for his personal enrichment,” Marshall said in a statement. “Even as he sits in state prison as a six-time felon, Mike Hubbard continues to deny any guilt or offer any remorse for his actions in violation of the law. Reducing his original four-year sentence sends precisely the wrong message to would-be violators of Alabama’s ethics laws.”
Nick Saban tests positive for COVID-19, has “mild symptoms”
It’s unlikely Saban will be able to coach in person during Saturday’s Iron Bowl against Auburn.
University of Alabama head football coach Nick Saban has tested positive for COVID-19 ahead of the Iron Bowl and has mild symptoms, according to a statement from the university on Wednesday.
“This morning we received notification that Coach Saban tested positive for COVID-19,” said Dr. Jimmy Robinson and Jeff Allan, associate athletic director, in the statement. “He has very mild symptoms, so this test will not be categorized as a false positive. He will follow all appropriate guidelines and isolate at home.”
Saban had previously tested positive before Alabama’s game against Georgia but was asymptomatic and subsequently tested negative three times, a sign that the positive test could have been a false positive. He returned to coach that game.
It’s unlikely Saban will be able to coach in person during Saturday’s Iron Bowl against Auburn, given the Centers for Disease Control and Prevention’s guidelines for quarantining after testing positive and with symptoms. Neither Saban nor the university had spoken about that possibility as of Wednesday morning.
Civil rights leader Bruce Boynton dies at 83
The Dallas County Courthouse Annex will be renamed in honor of Boynton and fellow Civil Rights Movement leader J.L. Chestnut.
Selma attorney and Civil Rights Movement leader Bruce Carver Boynton died from cancer in a Montgomery hospital on Monday. He was 83. The Dallas County Courthouse Annex will be renamed in honor of Boynton and fellow Civil Rights Movement leader J.L. Chestnut.
“We’ve lost a giant of the Civil Rights Movement,” said Congresswoman Terri Sewell, D-Alabama. “Son of Amelia Boynton Robinson, Bruce Boynton was a Selma native whose refusal to leave a “whites-only” section of a bus station restaurant led to the landmark SCOTUS decision in Boynton v. Virginia overturning racial segregation in public transportation, sparking the Freedom Rides and end of Jim Crow. Let us be inspired by his commitment to keep striving and working toward a more perfect union.”
Boynton attended Howard University Law School in Washington D.C. He was arrested in Richmond, Virginia, in his senior year of law school for refusing to leave a “whites-only” section of a bus station restaurant. That arrest and conviction would be appealed all the way to the U.S. Supreme Court where Boynton and civil rights advocates prevailed in the landmark case 1060 Boynton vs. Virginia.
Boynton’s case was handled by famed civil rights era attorney Thurgood Marshal, who would go on to serve on the U.S. Supreme Court. The 1960 7-to-2 decision ruled that federal prohibitions barring segregation on interstate buses also applied to bus stations and other interstate travel facilities.
The decision inspired the “Freedom Rides” movement. Some Freedom Riders were attacked when they came to Alabama.
While Boynton received a high score on the Alabama Bar exam, the Alabama Bar prevented him from working in the state for years due to that 1958 trespassing conviction. Undeterred, Boynton worked in Tennessee during the years, bringing school desegregation lawsuits.
Sherrilyn Ifill with the NAACP Legal Defense Fund said on social media: “NAACP LDF represented Bruce Boynton, who was an unplanned Freedom Rider (he simply wanted to buy a sandwich in a Va bus station stop & when denied was willing to sue & his case went to the SCOTUS) and later Bruce’s mother Amelia Boynton (in Selma after Bloody Sunday).”
His mother, Amelia Boynton, was an early organizer of the voting rights movement. During the Selma to Montgomery Voting Rights March in 1965, she was beaten on the Edmund Pettus Bridge. She later co-founded the National Voting Rights Museum and annual Bridge Crossing Jubilee in Selma. His father S.W. Boynton was also active in the Civil Rights Movement.
Bruce Boynton worked for several years at a Washington D.C. law firm but spent most of his long, illustrious legal career in Selma, Alabama, with a focus on civil rights cases. He was the first Black special prosecutor in Alabama history and at one point he represented Stokely Carmichael.
This year has seen the passing of a number of prominent Civil Rights Movement leaders, including Troy native Georgia Congressman John Lewis.