TrialSite recently chronicled the story of an 80-year-old woman who’s COVID-19 case ended up in the New York Supreme Court (Note, in New York state, the Supreme Court is the trial court, and not the highest appellate court). After she was substantially improving with Ivermectin, a new doctor refused to continue the treatment. The family sued, and successfully obtained a court order to re-commence the Ivermectin. The order was by the Honorable Henry J. Nowak. For their part, the “The health system’s lawyers argued medical care should be made by doctors and not the courts.” Now, Judge Frank Caruso also with the New York Supreme Court, Orleans County, has preliminarily ruled for plaintiff Robert Dickinson, who is a patient’s husband and also a physician, in his legal quest for his wife to be allowed to use Ivermectin.
Husband’s Declaration Lays Out Case
In a sworn affidavit, Dr. Dickinson attested to the basis for his lawsuit. He notes that he is seeking that the defendant Rochester General Health hospital comply with the directives of treating Dr. Thomas Madejski’s Ivermectin prescription. The declaration outlines how Dickinson’s wife Glenna Dickinson was admitted to the hospital on January 12 with rapidly declining oxygen levels, and on January 17 she was moved to ICU and intubated with 40% survival odds. The Dickinson’s daughter Natalie happened to be informed about Ivermectin’s benefits and safety, and based on her input Robert approved his daughter to request the ICU doctor to try Ivermectin. He refused. Then Robert had the family doctor Madejski prescribe Ivermectin and arranged for Natalie to hand deliver it to the ICU doctor, and on January 20 that occurred. The ICU then administered a first dose to Glenna. “Within 12 hours, she improved and her numbers stabilized, meaning her lungs were expelling the carbon dioxide; they no longer had to shift her from prone to her back [as had been necessary].” Then, facing, “problems, issues, and refusals in getting Ivermectin to [his] wife; based upon Rochester General Hospital refusing to follow my requests as health care proxy and advocate,” he turned to the court.
Family Doctor’s Perspective
In a separate declaration, Dr. Thomas Madejski gave his take on this medical/legal battle. He notes he is seeking an order compelling the defendant to prescribe and administer Ivermectin. The doctor notes that he has treated Glenna as a general doctor for 14 years. When she tested positive for COVID-19 on January 7, he used remdesivir, Zpac, and other medicine. Her condition worsened and she was admitted to the hospital on January 12. Like Glenna Husband, he notes that she was moved to ICU and put on a ventilator on January 17. Late on January 19, daughter Natalie made a formal request to the ICU physician to prescribe Ivermectin, and the doctor refused. Madejski told the treating doctor that he was finding success with Ivermectin in his own practice. When this didn’t help, Madejski himself prescribed the drug with the plan that Natalie would deliver it. On January 20 the first dose was given. Within 12 hours, Ms. Dickinson had improved and “her numbers stabilized.” Despite this, the ICU authorities would not continue to use Ivermectin, and court commenced.
A Win for Ivermectin for Now
In an Order to Show Cause (like a preliminary decision that a plaintiff is entitled to relief) from January 21, the Honorable Frank Caruso said that he reviewed the filings by Dickinson and Madejski and their exhibits, and he notes that, “the Plaintiff, Robert Dickinson, seeks an Order granting him immediate and emergency relief (A) compelling the Defendants and/or their agents to comply with primary care physician, Dr. Thomas Madejski’s, order prescribing Ivermectin to their mutual patient, Glenna Dickinson, according to its dosage for Covid-19, namely 12 milligrams on day 1, day 3, day 5, and every other day thereafter as ordered by Dr. Madejski, and (B) such other, further, and different relief as this Court may deem just, equitable, and proper.” The Order to Show Cause directs the defendant to explain why the court should not compel the use of Ivermectin. Key, the judge ordered that pending the court case, Ivermectin must be given as prescribed by primary care doctor Madejski.