A federal judge has decided to cautiously allow a nurse with a chronic disease to proceed on claims that her former employer violated the Americans with Disabilities Act when it fired her for refusing to get vaccinated.

Although U.S. District Judge Matthew Brann of the Middle District of Pennsylvania on Monday dismissed claims Aleka Ruggiero had brought against Mount Nittany Medical Center over her termination, he ultimately ruled that she should be given a chance to amend her claims if possible.

“Plaintiff should be cautioned, however, that for the reasons expressed in this memorandum opinion, I consider her claim tenuous, at best, and I will not hesitate to summarily dismiss the amended complaint if the deficiencies identified herein are not rectified,” Brann said.