european spacecraft snapped a picture of itswn solar panel with a comet hovering 10 miles away. i guess hemmer say, that is photo shopped. bill: what do you think? martha: i'm a believerrer. we've got to go. "happening now." bye, everybody. jon: second health care worker at a texas hospital tests positive for ebola as some nurses charge that hospital's sloppy response to the virus put their lives at risk. welcome to this edition of "happening now." i'm jon scott. heather: i'm heather nauert in for jenna lee. national nurses union said that thomas duncan was left in an open area in the emergency room for hours and hours as other patients waited as well. this happened in texas health presbyterian hospital in dallas. they said this, caregivers worked without enough protective gear and whole laundry list of

other things. even the cdc said their actions were not aggressive enough and they will have a response team. nurse nina pham has been upgraded to good condition. she is the first health care worker diagnosed with ebola after treating thomas duncan. jon: ebola is high on the agenda at the white house. president obama conducting a videoconference with leaders around the world to discuss the response to ebola and also isis. the president leaves for campaign events in new jersey and connecticut. casey stiegel is on the top story. outside the hospital in dallas. casey? >> reporter: jon, let's walk you through all of this. when thomas eric duncan was first diagnosed with ebola here in texas in september the cdc got right out there and they said they were pretty confident it was contained and it would not be spread. then we got the news about nina pham. she is the nurse at this hospital who treated mr. duncan.

then, caught the virus from him. well then the cdc's statements changed. they immediately came out warning that we could likely see more cases. a pretty different story than what we were originally told. and now, here we have it, the news everyone had feared, the second person now positive for ebola, right here at the same dallas hospital. she came down reportedly with a fever yesterday. then was isolated and now, work begins on tracking down people that staff member had contact with. now because of the criticism it has received and to prevent even further spread, the cdc says it is now implementing new protocols like deployment of special teams of experts to properly train hospital staff, if they receive an ebola patient. listen. >> i wish we had put a team like this on the ground the day the patient, the first patient was diagnosed. that might have prevented this

infection but we will do that from today onward with any case, anywhere in the u.s. >> reporter: but there are an awful lot of health care workers, not just here at texas presbyterian, not just in the state of texas but around the country for that matter that say, this is too little too late. that hospitals, medical facilities around the country are not properly trained to handle cases like this. and they don't have the right equipment on hand to treat patients with ebola. jon? jon: and isn't it the case, casey, that when duncan first showed up at the hospital they basically gave him some antibiotics and sent him home? >> yeah, he came here to the emergency room. he had a fever and complained of abdominal pain. he reportedly told the nurse that he traveled from liberia. somehow that information did not get passed on to the doctor who was seeing him. and therefore, weighs released from the emergency room. went home. a couple of days later he came back extremely sick.

we know what happened from there. jon: a lot of holes in that safety net it seems. casey stiegel live in dallas. casey, thank you. heather: coming up we'll have a legal segment on the issue. how liable is the hospital there? doctors say a patient in kansas does not have the ebola virus that came in on monday. he came into the university of kansas hospital with ebola-like symptoms. he worked as a medic on a ship off coast of africa. they think they came down with some other tropical illness like typhoid. doctors say they are satisfied with the measures in place so far. >> it is kind of a little bit scary. the thing that is so gratifying today is that after now in our second 24 hours with the patient, it is, the staff are calm. the procedures and all the infection control measures that we bit into place are just settling into a, a new routine in many regards. >> that patient will also stay

isolated until the cdc tests completely clear him. we will keep you posted on that, jon. jon: turning now to the war against isis, the president holding a conference call at this hour with several foreign leaders to discuss the fight against that terrorist army. in syria reports of small gains by kurdish forces in the border city of kobani, their advance supported in part by increased coalition airstrikes. plumes of smoke seen rising over that city but there are also new reports of turkish fighter planes bombing kurdish troops in the area. turkey, which borders syria is resisting american calls to do more to try to defeat isis. kobani has been under siege from isis fighters for about a month. some 200,000 civilians have fled to turkey. heather: a new report claims the pentagon withheld information about the number of u.s. troops exposed to chemical weapons following the 2003 invasion of iraq. "the new york times" claims today that american troops found

5000 chemical weapons, most of them apparently old and decaying. at least 17 soldiers were exposed to these weapons and "the times" claims that the army didn't follow proper guidelines for treating them. national security correspondent jennifer griffin is live for us at the pentagon with the details. hi, jennifer what is the pentagon saying today? >> reporter: hi, heather, it is a complicated and well-reserved story by "the new york times" and what it says to be clear is not that we're learning for the first time there were chemical weapons in iraq but there were u.s. troops being exposed to these weapons, these decaying weapons and their wounds according to "the new york times" went untreated and the soldiers who handled those decaying weapons were ored not to talk about. pentagon press secretary rear admiral john kirby issued a statement this morning, quote, while we can not speak to individual decisions made by unit commanders or medical staff at the time or the guidance they may have given their troops about the existens of chemical munitions in iraq, the defense department made public its

discovery of these munitions as far back as 2006 and acknowledged the likelihood that more could be found. "the new york times" also reports the isis militants may now have their hands on the remainder of this same decaying chemical weapons stockpile after overtaking military bases in iraq. however, no experts think these chemical agents which were documented by u.n. weapons inspectors before the war, can still be weaponized. even paul bremer, the special envoy to iraq during the invasion, says it's unlikely these weapons could be used today. >> question is whether they could be used effectively as a weapon. i think probably not. it sound like they're fairly corroded and degraded. still dangerous to the person who handles them which in this case would be isis soldiers. >> reporter: to reiterate the old chemical weapons stockpile these soldiers, these american soldiers ended up handling were not the wmd used as justification for the invasion of iraq in 2003. but the army does have to answer

why these soldiers didn't receive better medical treatment, heather. heather: jennifer, let me ask you, are those men and perhaps women too, now receiving care they do need? >> reporter: well the story just came out today. there are 17 soldiers who were quoted in the story, who were, the and so at this point in time the pentagon says they are looking into it and there is a full review taking place as we speak. heather: certainly hope so.er ge pentagon. thank you. the latest round of talks over iran's nuclear program happening in vienna. secretary of state john kerry and joining, iran's foreign minister with three-way talks. the u.s. is trying to prevent iran from building a nuclear bomb and hoping for a breakthrough in that country. the talks between iran and six world powers are facing a 24th deadline to reach some sort of a deal. iran is hinting it may open to extend that deadline. it continues. jon: 20 days and counting until

the crucial midterm elections. according to washington "abc news poll," president obama's approval rating stand at all-time low of 40%. in line with 40% approval rating in the latest "fox news poll." what does this mean for democrats who are struggling to maintain control of the senate? we have a gop analyst and former two-time congressional candidate. richard fowler, is democratic strategist and a radio talk show host. richard, are you worried? >> not at all and i'll tell you why. i listen, there is no question, we have uphill battle with the midterm elections but the good news the president is not on ballot. this election will be about kitchen table issues. on kitchen table issues, democrats fare better and all polls show. that look in the pennsylvania's governor's race, people in pennsylvania want democrat in office, not a republican. on state by state democrats are doing pretty well even though the president is not on the ballot and these approval ratings don't hold any weight. jon: you have to be worried

though, about 39% of americans seeing democratic party favorably. that is a number than is higher than the republican approval rating. but the republican approval rating has held steady. the democratic rating has been falling. >> that is definitely true. like i said this definitely will be uphill battle for democrats but what i think you're seeing from democrats they have a independent streak to them. whether talking about senator kay hagan in north carolina or talking about charlie crist in florida. these are candidates that have independent streaks of them. they're appealing to the american people. it is really not about party labels here. more so about the issues. jon: kind of interesting, westin, because richard just said that the president not on the ballot and that is the good news here? >> well, pennsylvania, which he referenced is also not one of the states that is going to determine whether republicans take the senate. in arkansas, and louisiana, what you're seeing more than anything is that in these midterms republicans are going to win on the backs of a really strong turnout model. it won't serve us well in 2016. but right now the country is

looking to washington for leadership. they're seeing dysfunction and republicans are looking they will vote in the midterms and democrats aren't. jon: richard, go ahead. >> but beyond just the senate, jon. we're also talking about a lot of governors mansions up for grabs in this election. that is where republicans are not focusing attention. they're focused on winning the senate, without governors mansions will be key for democrats to maintain the white house in 2016. the fact that democrats do well in a lot of governors races will be critical. beyond that point. look at state by state. alaska where mark begich is in neck-and-neck. north carolina where kay hagan is up by two or three points, look at louisiana where landrieu is up by couple points. independent streak candidates are doing pretty well in this midterm election. jon: i remember, westin, back during president obama's first campaign in 2008, he was, essentially openly mocking president george w. bush. what goes around comes around. these approval ratings of president obama are as low as

they were for president bush at the nadir of his turn in office. >> sure. well this may be the new normal. unfortunately now president obama is seeing what it's like to be really in the cross-hairs and it's difficult. perfect storm for republicans. i don't think will benefit us long term but there is a short-term opportunity. where richard is not exactly right about the feelings of the american public is there is one issue, a data point buried in the survey that is really important to where the two parties stand. on most issues the country has very little confidence in either party and hard to find a differentiating factor. on size and role of federal government and parties understanding on that issue, republicans lead 48-35. that is our calling card. our ticket to winning female voters moving forward. certainly should be our ticket to winning pragmatic millenial voters if my party competes among my generation. jon: 77% of people say they are worried about the country's

future. thank you both. >> thank you. speak about economics, another big drop on wall street. the dow is down by triple digits again today. you see it there, 181 points. the good news is it has cut the losses in half from earlier. it was down as much as 370 points when the session opened before starting this small recovery, if you want to call it that. traders apparently are concerned about a slowing economy in europe and china as well. along with poor retail sales numbers here in the u.s. we will continue to keep an eye on the markets all day long. things not looking so good on wall street right now. heather: a lot of concerns. also ebola is a big concern on wall street as well. just how much that whole thing is going to cost the world. another story to bring you, u.s.-led airstrikes to help kurdish forces fighting isis to protect a keyboarder town from falling to isis with american efforts to help turkey, to get

turkey to help rather on shaky ground. what it means to the battle to the defeat the terrorists. 10-year old boy charged as adult murdererring a elder woman. what they say sparked the attack. one of reeva steinkamp's family members said on the stand brought people in the courtroom to tears.

jon: right now some crime stories we're following. police describe a gruesome scene as a 90-year-old woman in pennsylvania was beaten to death in her bed. now a 10-year-old boy is charged as an adult with her murder. prosecutors say the boy got angry when she yelled at him, held her cane against her throat and punched her. the boy's grandfather was taking care of the woman. a barber faces charges of attempted murder in california. police say he sliced neck of a man he was shaving with a straight razor and ran away.

the victim was found with a four-inch gash in his neck. he is expected to survive. surveillance video shows bus stop bandits in action in california. they have been making off with benches, shelters, other hardware for weeks in bakersfield. they plan to replace the nuts and bolts on benches with antitheft locking hardware. heather: lock it all down. jon: you have to. >> dramatic developments overseas in the oscar pistorius sentencing hearing as one of reeva steinkamp's family members breaks down on the stand. she describes the moment that she first heard her cousin was dead. paul tilsley is covering this for us. he joins us on the phone from johannesburg, south africa. hi, paul. >> reporter: hi, heather. over the seven months of the trial we only heard how oscar pistorius feels after he shot reeva steinkamp. first time we heard and graphic i cannily saw how the family of the girl he killed feels. it was harrowing, raw. reeva's cousin kim martin took

the stand. she stood tall in the dock. blonde harem necessary end of reeva's. choking back tears, she told the court about eight a.m. of valentine's day last year she was listening to radio and a deejay came on said there is breaking news. oscar pistorius allegedly shot his girlfriend. at this martin paused for a minute and as if she had been punched, collapsed into dock crying. the court had to be adjourned. almost unnotice, oscar pistorius slumped forward, giving appearance of crying himself. eventually martin was able to continue. she kept praying it wasn't reeva they were talking about. that she kept trying to call rehave and got no answer. struggling to get the words out, martin said, and i quote, it was the end of the world for me. it has ruined my whole family. she said the steenkamps given blessing to take the stand. told her to be reeva's voice.

one final note, martin said she met pistorius and had a moment with reeva and asked if she was family. reeva steinkamp shrugged. martin said, yes, but we need to talk. martin regrets, she never found out what it was her cousin reeva wanted to say, heather. >> paul tilsley, covering this for us. what a horrible way to finder out a family member had been killed, over the radio. paul, thank you so much. jon: fox news alert and this is going to add to the scare over this ebola crisis. you will recall a second hospital worker from dallas has been hospitalized, confirmed to have a case of ebola. apparently transmitted by that man who had come over from africa, who later died of the disease. well turns out this health care worker who was just diagnosed yesterday with ebola, also flew on board an aircraft on monday. so now the centers for disease

control is asking 132 passengers who were onboard frontier airlines, light e flight 1143 with her from cleveland to dallas-ft. worth on monday, they are asking those passengers to check in with them. she was not exhibiting symptoms at that time. but it was only the next day, yesterday, that she was discovered to have ebola. all of those passengers who flew frontier airlines 1143, cleveland to dallas, landing at about 8:16 p.m. central time on monday, check in with the cdc if you were on that flight. heather: we're also getting live pictures in right now of where that patient, that second patient apparently lives. we're taking a live look at this right now in the dallas area. that patient is at the hospital right now. undergoing some care and has been isolated as we understand it. jon, you mentioned she has been flying recently as monday. jon: monday. heather: she was not symptomatic. that is apparently the key time where someone is infectious

where they're experiencing symptoms. but we'll keep you posted on this. give you more information. taking a look at live pictures from her place in the dallas area. 24/7 it's just i'm a little reluctant to try new things. what's wrong with trying new things? feel that in your muscles? yeah... i do... try a new way to bank, where no branches equals great rates.

heather: right now isis and kurdish forces fighting for control of the syrian city of kobani. u.s.-led airstrikes helping the kurds gain some ground there but there are major diplomatic concerns that our effort to get turkey to join the fight may be failing. turkey has considered the kurds to be enemies of their for decades and decades. the fact that turkey launched a airstrike against kurdish troops over the weekend is certainly a sign we may not be able to rely on the nato ally for a whole lot of help fighting isis. joining me, rick grenell, advised four former u.s.

ambassadors to the united nations. rick, you say we're wasting time to try to get turks to help us with the kurds so what do we do? >> well, first of all, we had 22 military advisors from different countries, from 22 different countries meet yesterday and what's clear is we don't have a strategy. right now the difference, between all of these groups is what to do with syria, whether or not we deal with assad the same way we are dealing with isis. the same way the u.s. administration wants to make sure we deal with isis. other countries like turkey want to s minute, we can deal with isis but we have to also deal with assad. that makes sense to me because president obama made clear that assad must fall. what we have to do, heather, we have to get our diplomacy in order before we go out. this administration has been touting 60 members of the coalition of the willing.

but what we saw yesterday, we don't have that many countries. we have a whole bunch of countries the coalition of the worried, not the willing. not that many people are willing to do much. heather: turkey has another motive veer, taking out assad. there is a theory that the president of turkey, erdogan wants to be a king-maker himself in syria, by the way an islamist himself sees himself as the ruler of this big group of islamists, all throughout the region. >> i don't buy it. heather: you don't. why? >> here is the thing. the history of erdogan and the turkish government and the kurd is long and they have never gotten along. what erdogan is trying to do is get political leverage out of the kurds inside of turkey. he is not going to help them until they come back and beg him. heather: gosh, don't they see this though, as the bigger issue, that isis is the bigger issue, not the kurds? >> well, i think there is no

question that what's happening on the border between syria and turkey is a very real concern for erdogan. he is not going to let it completely spill over into turkey. the turks are very good militarily. they will be able to crush any kind of group that comes across. >> so isis may not. >> the question is whether or not they are going to go early across the border around help the kurds that are inside syria. the kurds inside of iraq and syria are both begging the turkish government to lay down their differences, and try to come together to have a one strategy. i'm not sure it is going to happen. heather: you think we're wasting our time to getting the turks to help the kurds? >> i think so because we've got to recognize, they want assad to fall and we need to help them with that. heather: rick, let me ask you about this. i'm just getting a note, that the operation the u.s. has been engaged in, has now been named. it was a big bone of contention, it was not named by the

pentagon. it is operation inherent resolve. what is your reaction to that? to service member, can you give us context what that means, that this now has been named? >> it should be called the coalition of the worried. what we have right now is a whole bunch of countries that belief isis is problem but they don't know what to do next. i'm not so sure that the obama administration in all their political, you know miss giving and dithering is really giving comfort to our arab allies. that we know what we're doing. i think, you know what happened yesterday with 22 countries was indicative of what we're seeing on the ground. we are only doing airstrikes. we're pushing isis back in certain areas but they're rising up in other areas. so we really don't have a strategy and i think the turks recognize that. the foreign minister of turkey said yesterday we do not approve one-dimensional strategies. think about that. turkey is lecturing us on not

having a strategy. heather: we're getting a lot of that. when susan rice says turkey is on board and turkey is really not on board, tough ask the question you posed yourself, how is our diplomacy failing us right now? rick, we'll have to leave it there. thanks so much for joining you. -- us. we appreciate your expertise. jon: update on the fox news alert we wrote you just a moment ago. turns out the nurse, the second nurse who was infected with ebola in dallas, texas, after treating a patient there who ultimately died, she flew on monday on frontier airlines, flight 1143, cleveland to dallas-ft. worth. landed around eight 15 in the evening. -- 8:15. the next morning, went back to her hospital reported a low-grade fever. she has been isolated as a ebola patient. we have a statement from frontier airlines. they say the customer exhibited no symptoms or sign of illness while on flight 1143 according

to the crew. frontier responded immediately upon notification of the cdc, by removing the aircraft from service and is closely working with the cdc to identify and contact customers who may have traveled on board flight 1143. 131 others apparently traveled with that nurse who the next day reported an illness. whether she was able to spread the virus to other passengers on board that monday flight is still not known. but frontier and the cdc, if you were on board that flight, frontier airlines flight 1143, cleveland to dallas, just two days ago on monday, frontier and the cdc would like to hear from you. in the meantime republicans and democrats are fighting state by state for control of the u.s. senate. in virginia, republican ed gillespie hammering away at senator mark warner. new developments could tighten that race just a bit. what happens if republicans find themselves controlling both houses of congress? our juan williams says they better come up with a plan, if

they hope to get anything done. we'll talk with juan ahead.

heather: from america's election headquarters. republicans in the state of virginia trying to get headway. ed gillespie trailing democratic senator mark warner in money and the polls three weeks before the midterms. virginia is considered to be a bit of a long shot for republicans but gillespie closed the gap by nearly half.

and now scandal is knocking at democratic governor's door and could touch the next senator or the senator. shannon bream live in ashland, virginia, where a special guest is in town. hi, there, shannon. >> reporter: heather, ed gillespie is having a campaign event, a campaign a lot of folks would be a cakewalk for senator mark warner. he is former popular, former governor here in virginia. he is a democrat of course. hears about been very supportive unabashedly so of the president's stories. for years he has polled as one of the, the top most popular elected official here in virginia with the highest approval rating. so for months people have been saying he didn't have much to worry about in this race of the as you noted ed gillespie, former chair of the rnc closed that gap considerably. there is still a long shot. the fact that there is scandal warner is talking about at a time not good for him just weeks before closing of the election. it all stems from a former state senator here in virginia who

started to talk about retiring. he was a democrat. he was approached allegedly by both republicans and democrats trying to woo him to stay as democrats wanted control of the virginia senate, or to leave as republicans knew they would take control if he left. warner, according to that senator's son, who told federal investigators, he says warner called him and for an hour talked to him about job possibilities for his officer, including a federal judgeship -- sister. this is something warner had to address in their latest debate. here is what both sides are saying about those allegations. >> i've been friend with phillip puck and his family for 20 years and, when i reached out to his son, before i talked to phillip, to explore possible options going forward, i didn't offer anyone any job, nor would i offer any job. and that is the fact. >> again, don't believe that the questions that, i think are out there have been answered,

certainly not here tonight and, you know, i think the people of virginia deserve some answers in this regard. >> reporter: we will see in less than three weeks whether it has an impact on their vote, how they turn out and who they support. speaking of support today, senator rand paul is making round for number of gop candidates will be here in support of gillespie. you may see signs for dave bratt. he is the guy who upset former house minority leader eric cantor in the very contentious gop primary. he is running to hope to take over cantor's seat in the election three weeks from now. back to you. >> shannon, thanks very much from virginia today. jon: the votes have not been cast or counted yet but a senate majority is looking more likely from republicans. as you heard yesterday on "happening now," what would winning control of the senate mean for the republican party and its ability to get things done? let's talk about with juan williams, our fox news political analyst. it would seem, you know, just

looking at it, you know on the surface, even if republicans hold the house and win the senate they still have an occupant of 1600 pennsylvania avenue for two more years, the guy that comes from the opposite party with a veto pen. seems like a recipe for gridlock. what do you think, juan? >> well, i don't have to think on this one, jon. >> statistics indicate when you have one party in control of the capitol hill, the house and senate, and another party in control of the white house, it is the most productive historically here in washington, in terms of legislation getting through. there is possibility of production. senator portman said recently here he thinks republican control of capitol hill will lead to more legislation coming off of the hill and getting to president obama's desk. he is hoping more deals with president obama. jon: president obama derided republicans consistently, over the last couple years.

that they are essentially the problem with washington? >> he said they are guilty of obstructing his agenda. he will be in the situation for the opportunity for republicans to form an agenda on capitol hill. that could be implosion on republican side. tea party caucus in the house. it may get bigger in this election. they will make demand on some of those moderate senators to prove that they're truly conservative. in any case the republicans will have to form agenda. priority on immigration to tax reform to energy production in this country. once they get that agenda, send it to the president. i think the president will no longer say that the republicans are blocking or obstructing. he will have to sign on, make a deal, before he signs on and then sign on. simply say he won't play ball.

it will put more pressure on him? jon: was it '94 that bill clinton lost house of representativeses to republican control and turned around and did things and well care reform. >> exactly. jon: things republicans clearly were advocating and two sides got together and got work done. that is the kind of thing that could happen again? >> historically that is the model in place. what we have here is a situation where republicans are under pressure. you know, this morning in "the wall street journal," jon, there was a poll that said the republican brand is held in disrepute by half of all american voters. largely the reason for that is, absence of an agenda, simply blocking president obama. now here comes the opportunity, if republicans do in fact gain control of both houses to set their own agenda. and what you're hearing not only from the voters but from people on capitol hill behind me, the senate, that they think the republicans think that they will create something of an agenda and force the president to

respond. that could be tremendous advantage towards 2016. jon: republican senators complain that harry reid has bottled up their amendmentments. will not allow them to offer up amendments to legislation in the senate. effectively they have no voice right now. that is the kind of thing that you think could change? >> well, definitely. you have mitch mcconnell, as the majority leader. so you would have republicans in the position to set priorities, set scheduling, to set votes, jon. the problem is what is going on inside of the republican party? what is the party's identity? i recently wrote a piece for "the hill" about senator lindsey graham of south carolina saying he would run for president. but he said his concern wasn't personal. more about the future of the party, the party's identity. he didn't want the party to simply kowtow to prove how right-wing. prove it could get something

done on issues like immigration reform. jon: that is what the american people want to get thing done from both parties. juan williams, thanks. >> you're welcome, jon. heather: two health care workers fight to recover from ebola at a dallas hospital, we learn one of those workers, we learned this a short while #, took a frontier airlines flight from sleeve land to dallas. see a hello copper overhead where the person lives right now. this knife was taken to dallas, two days ago. and then the worker fell ill. we are waiting for cdc news conference in the next hour of "happening now." that and all the breaking developments on ebola. that is coming up next.

jon: let's check out what is ahead on "outnumbered" at top of the hour. what do you have? >> hey, guys, we're continuing to follow the breaking news that the second health care worker now has been diagnosed with ebola. traveled by air the day before she reported symptoms. big news there. >> it is. plus, free lunches, free dry

cleaning, and free frozen eggs? the new perk that two tech giants are offering. what it could say about how corporate america really feels about working moms. who wouldn't want to marry george clooney, but would you take his last name. the actors's wife is taking criticism for ditching her maiden name. >> you will lie about your answer on the show, i have a feeling. #oneluckyguy on "outnumbered" at top of the hour. >> please join us. jon: looking forward to it. thank you, both. >> "happening now," there are serious new questions about the legal fallout over the ebola crisis in dallas for both texas health presbyterian hospital. the first patient diagnosed in the united states. thomas duncan was sent home from the emergency room before he came back later with full-blown symptoms. we have two reports of health care workers infected after they treated duncan. one of them, we got the

information a short while ago, took a commercial flight from cleveland to dallas on monday night. meantime the cdc, now admits it did not do enough to help the hospital both treat and stop the spread of the virus. bring in the legal panel. we have a lot to talk about. ashley merchant, criminal defense attorney and brian silber a former prosecutor. the hospital is preparing for more patients infected with ebola just as contingency plan. dot health care workers because i imagine every nurse across it country is wondering this, do they have a legal obligation to care for these patients, not moral but legal? >> well i would say, go right ahead. >> go ahead. >> ladies first. go ahead. >> no, i would say they absolutely have obligation to care for patients when they come in to the hospital. heather: a legal obligation? that is my question a legal obligation? >> well, if they're actually working at the hospital, then they have a legal obligation to

fulfill duties of employment. they don't have work at hospital and work in health care capacity and not decide to have that type of a job. >> brian, do you agree with that. >> this is a question about following protocol for infection control. its it is a professional standard, when you're a hospital that provide health care to the public, this is not a case to get sloppy, routine, every day same ol', same ol'. if they're not diligent and do it by the book to do what they're supposed to do, yes there might be a legal problem and might be fallout later on. >> the cdc first said there was breach in protocol for nurse pham how she donned the equipment she needed but the head of the nurses union said this. i want to read her statement. our nurses are not protected or prepared to handle ebola or any other pandemics. the protocals should have been place in dallas and are not in place anywhere in the united states as far as we can tell. if i'm a nurse, working in that

facility, i might be pretty nervous about this does anyone have a case against the hospital as a result? brian? >> i don't think they have got -- >> i think that -- >> i don't think they have a case against the hospital. >> i think it's a developing situation. we have to see what's going to happen. this will be very fact intensive. ebola is something that has never occurred before in this country. there are literally writing the book as we move along. you know, for example, when these nurses take off their protective gear, that's one of the sources of infection, because they're handling the outside of their suits. what is the protocol for that? it has never been asked before. some people are toying with idea they should wear two layers of protective gear. the second layer to protect them from the first layer. we're in uncharted waters. this is a new situation. they're writing a book as we move forward. so the question is one about following professional standards. heather: brian, ashley. we'll have to leave it there.

thank you so much. with that news, the second dallas ebola patient traveled on commercial flight. how are markets responding to that news? the conference call.

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comcast business. built for business. heather: fox news alert. we just learned that the second ebola patient flew on frontier airlines from cleveland to dallas on monday night, the day before she fell ill. from our sister network, fox business network with adam shapiro. hi, there, adam. what a way to learn about this. >> you've got the cdc trying to contact 132 passengers who were onboard that frontier flight on october 30th. here is what they said. there were 132 people t was cleveland to dallas-ft. worth, october 30th. flight 1143. they're trying to track down all is 32 passengers.

-- 132. they're pointing out the second health care worker had no signs of illness while on the aircraft. did she have contact with the people on the north coast as they refer to cleveland, home of cleveland clinic university hospital. capable of dealing with major medical emergencies. they love cleveland and know the hospitals very well. you get into the fact frontier airlines have taken the aircraft out of service. they were notified one a.m. mountain time this morning they took the plane out of service. you're wondering what is going on? does this have impact with markets? it builds into sentiment. the airline stocks themselves, american airlines, delta, you sited, they're all trading down. heather: adam shapiro, thank you very much. log on to foxbusiness.com, slash channel finder.

jon: hurricane gonzalo is getting stronger as it churns towards bermuda. the national hurricane center in miami is saying this is very powerful, category four storm, heading toward bermuda right now. obviously, hurricane gonzalo strengthens to a category 4 storm. we'll continue to update you on the situation. meantime, here is what we're working on for the second hour of "happening now." we're standing by for briefing from the centers for disease control, now that a second health care worker diagnosed with the ebola virus at that texas hospital. the plus the fact that the worker flew on board a frontier airlines flight the day she fell ill. authorities are trying to gain the upper hand on inmates that have taken prisoner there in brazil. they're holding a dozen guards hostage. update in our second hour. hey, i notice your car's not in the driveway.

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>> we will see you back here in an hour. bill: the center for disease control holding a news conference about the latest ebola developments. "outnumbered" starts right now. >> this is a fox news alert, breaking in the past hour, it is trim and relevant on ebola in america. cdc can from and a second in dallas now infected with the deadly virus flu on a frontier airlines flight from cleveland to downtown after being hit with a fever. dr. keith ablow, he is outnumbered. >> i don't mind being outnumbered in this way. the best way to be outnumbered.