Suits demanding ivermectin alarm hospitals, experts

Letting judges overrule medical professionals is risky, hospitals warn.

Mask rules, vaccination mandates and business shutdowns have all landed in the courts amid the COVID-19 outbreak, confronting judges with questions of science and government authority. Now they’re increasingly 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 COVID19-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Interest in the drug started rising toward the end of last year and the start of this one, when studies — some later withdrawn, in other countries — seemed to suggest ivermectin had potential, and it became a topic of conversation among conservatives on social media.

The lawsuits, several 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, often on ventilators and facing death.

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 drug, despite fears it may be harmful.

In a September case on Staten Island, state Supreme Court Judge Ralph Porzio refused to order 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-19 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 ivermectin as their families wanted. Both women survived their hospitalizations.