Wisconsin Supreme Court rules for Aurora hospital that refused to administer ivermectin for COVID-19
Molly BeckMADISON - Hospitals should not be forced to prescribe ivermectin to COVID-19 patients, the Wisconsin Supreme Court ruled on Tuesday in a case with implications in how far the state's highest court can intervene in the decisions of healthcare providers.
The court sided with Aurora Health Care in a 6-1 ruling on Tuesday in a case first filed by Allen Gahl, the nephew of a man named John Zingsheim, who was put on a ventilator in October 2021 due to complications from COVID-19.
Gahl sued after doctors at Aurora refused to administer a prescription for ivermectin that he received from a doctor outside of Aurora Medical Center Summit, where his uncle was hospitalized.
In writing for the majority, liberal Justice Ann Walsh Bradley wrote the circuit court should not have issued its ruling to force Aurora to administer the drug. In her dissent, conservative Justice Rebecca Bradley wrote the lower court reached a "reasonable decision in light of the life-or-death circumstances presented." The Bradleys are not related.
The U.S. Food and Drug Administration has not approved the use of ivermectin an anti-parasite drug, to prevent or treat COVID-19 infections and health experts have warned users about its potential risks to those who are infected.
Tuesday's state Supreme Court ruling upheld a decision by a state Appeals Court that concluded the court had no legal authority to force Aurora Health to administer the drug.
The Litigation Center of the American Medical Association and State Medical Societies and Wisconsin Medical Society filed briefs with the Wisconsin Supreme Court urging the court to affirm the appellate court ruling that found the law doesn’t give “a patient or a patient’s agent the right to force” private hospitals or physicians to administer a particular treatment that they conclude is below the standard of care.
In a statement in January, Aurora officials said its physicians rely on evidence-based treatments in order to prioritize the health and safety of patients.
"We strongly believe that courts should not be allowed to compel providers to administer care that is medically substandard, and we are pleased that the American Medical Association and the Wisconsin Medical Board have weighed in to support our position," the statement says.
Gahl's attorney Karen Mueller said the case would show the people of Wisconsin if they "really have any rights or if they are just suggestions and if they are suggestions, then why do we have a legislature?"
Mueller finished third in the Aug. 9 Republican primary for attorney general. She received 25% of the vote with a campaign promise to investigate hospitals for not treating COVID-19 with ivermectin.
Molly Beck can be reached at molly.beck@jrn.com.