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LAWSUITS DEMAND UNPROVEN IVERMECTIN FOR COVID PATIENTS
By DEEPTI HAJELAOctober 16, 2021
A box of ivermectin is shown in a pharmacy as pharmacists work in the
background, Thursday, Sept. 9, 2021, in Ga. At least two dozen lawsuits have
been filed around the U.S., many in recent weeks by people seeking to force
hospitals to give their COVID-stricken loved ones ivermectin, a drug for
parasites that has been promoted by conservative commentators as a treatment
despite a lack of conclusive evidence that it helps people with the virus. (AP
Photo/Mike Stewart)
NEW YORK (AP) — Mask rules, vaccination mandates and business shutdowns have all
landed in the courts during the COVID-19 outbreak, confronting judges with
questions of science and government authority. Now they are increasingly being
asked to weigh in on the deworming drug ivermectin.
At least two dozen lawsuits have been filed around the U.S., many in recent
weeks, by people seeking to force hospitals to give their COVID-stricken loved
ones ivermectin, a drug for parasites that has been promoted by conservative
commentators as a treatment despite a lack of conclusive evidence that it helps
people with the virus.
Interest in the drug started rising toward the end of last year and the
beginning of this one, when studies — some later withdrawn, in other countries —
seemed to suggest ivermectin had some potential and it became a hot topic of
conversation among conservatives on social media.
The lawsuits, several of them filed by the same western New York lawyer, cover
similar ground. The families have gotten prescriptions for ivermectin, but
hospitals have refused to use it on their loved ones, who are often on
ventilators and facing death.
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There has been a mix of results in state courts. Some judges have refused to
order hospitals to give ivermectin. Others have ordered medical providers to
give the medication, despite concerns it could be harmful.
In a September case on Staten Island, state Supreme Court Judge Ralph Porzio
refused to order the use of ivermectin in a situation where a man sued a
hospital on behalf of his ill father, citing its unproven impact.
“This court will not require any doctor to be placed in a potentially unethical
position wherein they could be committing medical malpractice by administering a
medication for an unapproved, alleged off-label purpose,” he wrote.
It’s astonishing, said James Beck, an attorney in Philadelphia who specializes
in drug and medical device product liability and has written about the influx of
cases. “I’ve never seen anything like this before.”
In some cases, an initial order to give the drug has been reversed later.
Hospitals have pushed back, saying their standards of care don’t allow them to
give patients a drug that hasn’t been approved for COVID and could potentially
cause harm, and that allowing laypeople and judges to overrule medical
professionals is a dangerous road to go down.
“The way medicine works is, they are the experts, the doctors and ... the
hospitals,” said Arthur Caplan, professor of bioethics at New York University’s
Grossman School of Medicine. “When you go there, you’re not going to a
restaurant. You don’t order your own treatments.”
“You can’t have a medical field that’s subjected to having to practice according
to patient demand backed up by court orders. That is positively horrible
medicine” Caplan said.
Ralph Lorigo doesn’t see it that way. The attorney from Buffalo, New York, filed
his first of several ivermectin lawsuits in January after being approached by
the family of an 80-year-old woman who was in the hospital on a ventilator. His
second case was later that month, for a hospitalized 65-year-old woman.
In both cases, judges ordered hospitals to give the women get ivermectin as
their families wanted. Both women survived their hospitalizations.
Lorigo, who has taken on numerous cases since, is adamant that ivermectin works.
Health experts and federal agencies say that any evidence of it being effective
against COVID-19 is slim and more research needs to be done. Studies are
currently underway.
Ivermectin is approved by the Food and Drug Administration to treat infections
of roundworms, lice and other tiny parasites in humans. The FDA has tried to
debunk claims that animal-strength versions of the drug can help fight COVID-19,
warning that taking it in large doses can cause nausea, vomiting, diarrhea,
seizures, delirium and even death.
Lorigo said his clients haven’t sought those kinds of doses, only the versions
of the medication made for humans.
Of doctors refusing to treat patients with ivermectin, Lorigo said, “they are
not gods because they wear white jackets,” he said. “I take issue with their
stance.”
And as for hospital administrators, “it’s like only they rule the roost, only
they make a decision in their hospital. I’m not accepting that as a rule of law
for us.”
The court fights over the drug have taken place as courts have also wrestled
with issues like whether employers or states can order workers to be vaccinated
against the virus, which has killed more than 700,000 people in the U.S.
Beck, the drug liability lawyer, said that doctors do have the power to
prescribe ivermectin to treat COVID, even though it hasn’t been approved by the
FDA for that disease, if they think it has therapeutic value — a so-called “off
label” use.
“I have never seen a case before this where the judge was asked to force someone
to engage in an off label use,” he said.
Lorigo said he has received more inquiries from families about the drug in the
last 10 weeks and now has four attorneys working on these cases, including two
he recently hired.
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Ex-Wisconsin student gets 17 years for school officer attackOSHKOSH, Wis. (AP) —
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for the marijuana company, which has a recAP News
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Media: Ugandan minister shot and killed by bodyguardThe Ugandan army says a
bodyguard and shot and killed a government minister in an apparent private
dispute. The victim, Charles Engola, served in the government of President
Yoweri Museveni as the junior minister in charge of labor. He was a retired army
colonel. The attacker, who has not been identAP News
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