The family of a dying COVID-19 patient has been fighting doctors in court after the hospital refused to treat her with the drug Ivermectin.
Kathy Davies’ son Chris and her husband Donald were forced to take the Fauquier Health hospital in Warrenton, Virginia after she was denied the drug.
Officials at the hospital — where Chris happens to work as a radiologic technologist — had put the patient through a series of legal hoops seemingly designed to block the treatment from being given to her.
However, a court has now stepped in and sided with the family.
On Monday, Virginia’s 20th Judicial Court found Fauquier Health in contempt of court after refusing to comply with previous orders.
The judge ruled that by 9:00 p.m. Eastern time on Tuesday night, Kathy Davies must be given the dose of Ivermectin as prescribed by a doctor retained by the Davies family.
Additionally, the state has the right to fine the hospital $10,000 per day if it does not comply.
That order would have been applied retroactively from December 9 onwards.
The court also ordered that the Davies family be given police escort if necessary to administer the drug to their mother.
But, the court also said that the hospital had an opportunity to purge the contempt charge by complying with the order. The hospital is reportedly now opting to comply with that order after a week of arguing why they could not allow the drug to be given to Kathy Davies as the family requested.
The story offers hope for legal respite for many families who have found themselves in similar situations while trying to battle a medical establishment arguably opposed to any treatment not supported by the FDA to fight COVID-19.
The Davies’ saga started in October when Chris Davies’ mother was admitted to the hospital with COVID-19.
She was placed on a ventilator in the intensive care unit (ICU) on November 3.
Donald was to serve as her medical proxy — and after consultation with Chris and his siblings — wanted doctors to give Kathy Ivermectin in hopes of finding success against COVID-19.
The doctors and hospital refused that request and were adamant they would not administer the drug despite the family’s wishes.
On December 3, the Davies family notified Fauquier Health that they were hiring attorneys on Kathy’s behalf and filing a lawsuit.
“Pray we get a compassionate judge and that litigation goes smoothly,” Chris emailed friends supporting his mother on December 5.
“We just want the right to try Ivermectin!”
“Let us pray we can get it to her and it will help her out of this long-suffering!!” he added.
“Thanks all and God Bless!!!”
On Monday, December 6, the court had ruled that Kathy had the right under Virginia law to try Ivermectin or any other order and prescription provided by Dr. Martha Maturi — the doctor retained by the Davies family who had prescribed Ivermectin — regardless of her employment with the hospital.
But, when Chris and a registered nurse went to administer the drug on the night of December 7 on the orders of Maturi, “hospital administration barred [him and the nurse] from entering the ICU with the Ivermectin.”
According to Chris, the hospital’s “COO Kevin Sales and CNO Christine Hart Kress stopped [them] with [the] original court order.”
While Chris had the Ivermectin in hand, he says that Kress “threatened to report the nurse to the medical board to revoke her license” because “she was not an employee of the hospital.”
The hospital told Chris they had filed for another emergency hearing to be held on December 8.
On December 9, Judge James P. Fisher of the 20th Judicial Court of Virginia ruled that Maturi had the right to give Chris’s mom Ivermectin under Virginia law.
The ruling stated that “this court finds it unnecessary to descend into an analysis of the merits of Ivermectin as a treatment protocol” and that the hospital must make a “reasonable effort” to transfer care to Maturi.
The order continued, noting that the hospital’s arguments against admitting Maturi into the hospital were not sufficient.
Davies attorney Ralph Lorigo argued that “all reasonable effort” regarding Ivermectin meant three things:
- 1. Prescription of medicine
- 2. Administration of medicine
- 3. Taking any calls relating to Ivermectin and the patient.
Hospital attorneys reportedly agreed to grant Maturi admitting privileges under those conditions.
But on Friday, Maturi spent hours answering questions about malpractice insurance, references, and other forms that the hospital said were necessary before allowing to see the patient.
The hospital waited until 3:30 pm on Friday, December 10, to let Davies’ attorneys know that they were not going to admit Maturi into the hospital despite the court order.
Davies attorneys discussed the matter with the hospital attorneys on Friday, Saturday, and Sunday as to why Maturi could not receive privileges.
The hospital said that if Maturi were to administer Ivermectin, she would have to take complete control over the patient.
They essentially said that no doctor or nurse employed by the hospital would assist in taking care of the patient.
This made no sense to Davies’ attorneys or family for a variety of reasons, chief among them that one doctor is never in charge of the patient, but rather a team of doctors, specialists, and nurses care for the patient.
This was yet another three days that Chris’s mother would not receive the drug.
Since the hospital had denied the Davies family the right to give Ivermectin to Kathy on Friday afternoon, an emergency hearing would have to wait until Monday morning.
In response, Davies’s attorneys argued in court on Monday that the hospital had been unreasonable in their efforts to care for the patient, Kathy Davies, and should be held in contempt of court.
Judge Fisher agreed and ruled on Monday that the hospital could appeal the order, comply, or face the 10k per day fines.
Lorigo said that after several hours of trying to ask for “clarification” on the matter, Fauquier Health finally complied with the ruling.
Hospital administrators even let Chris and his father know that they found a registered nurse who could assist Dr. Maturi deliver the Ivermectin.
As of press time, Chris and Maturi were traveling to Fauquier Health with Ivermectin in hand to finally deliver it to his mother in hopes of helping her defeat COVID-19.