BREAKING: Virginia judge orders hospital to give ivermectin to dying patient or pay $10,000 a day
Exclusive: Family's lawyer has explosion of new cases from hospitalized COVID patients
Late Monday, a Virginia judge found Fauquier Hospital in contempt of court for refusing to give ivermectin to a dying COVID patient. Circuit Court Judge James Fisher ordered the hospital to administer the medication immediately to Kathleen Davies or pay a $10,000 fine for each day it is in contempt.
I’ve attached all the court documents in the case -- including a declaration by Dr. Pierre Kory -- at the bottom of this article.
The lawyer for the Davies family says this is a major legal win for patients battling hospitals over Ivermectin, which has exploded recently.
“We are so happy that we finally have a judge willing to hold a hospital in contempt,” Attorney Beth Parlato told me Monday evening.
Readers with paid subscriptions fund this independent journalism. Consider supporting with the button below.
Parlato represents Davies, as well as Sheriff Deputy Jason Jones in Texas and many other hospitalized COVID patients around the country who want to use the right to try laws for ivermectin.
The lawyer has been fielding a dramatic increase in cases. “I think people are becoming aware from people like you willing to write about this,” Parlato explained. “Hospital protocol isn’t working and people are catching on.”
Parlato told me that she got five new cases of patients suing hospitals for Ivermectin — just on Monday. She has gotten 50 new cases in the past week. Sadly, 10 of those people who have retained her have died since their last ditch attempt was too late.
Judge Fischer made his ruling based on the federal Right to Try Act and the Virginia Health Care Decisions Act (HDA). He wrote that the respondent (the hospital) is in contempt “for needlessly interposing requirements that stand in the way of the patient's desired physician administering investigational drug(s).”
The judge enforced his ruling this way:
Given the gravity of the matter at hand, the Respondent shall forfeit a sum of $10,000.00 per day retroactive to the date of the court's injunction order filing (December 9, 2021) and shall continue to pay such sums until the ordered relief has been accomplished
The judge gave the hospital doctors the alternative to work with Davies’s primary care physician, Dr. Martha Maturi, who will prescribe and administer the Ivermectin.
In lieu of any civil penalties herein, the Respondent may immediately provide for a team approach as argued on the record, that allocates care among physicians in a manner that satisfies their convenience concerns, AND WHICH BEGINS MEDICATION AS REQUESTED BY THE PATIENT AND HER PHYSICIAN DR. MATURI IMMEDIATELY BUT NO LATER THAN 9:00 PM THIS EVENING (12/13/21).
I am waiting to hear back from Parlato if the first dose was given. I’ll update when I get that answer.
Kathleen Davies got COVID on Oct. 9 and was admitted to the Fauquier Hospital. On Nov. 3, she was put on a ventilator and in a medically-induced coma. Her husband, Donald Davies, said in the court request asking for an injunction that the hospital has “exhausted its COVID-19 treatment protocol, and has no further treatment options for my wife.”
He told the court that, “Her situation is truly ‘wait and see.’ As a 63-year-old female placed on a ventilator, Kathleen's chances of survival have dropped to less than 30%.”
Donald describes his wife to the court this way:
My wife and I have been happily married for forty-one years. She is the love of my life, my other half, and I am completely lost and empty without her.
Kathleen and I have five children and ten grandchildren, they are the love of her life, her everything. She is deeply loved by all of us. We depend upon her and pray that she will be home soon. She is the “rock” of our closely knit family and loves spending time as a family.
Kathleen is loved deeply by everyone she meets. She is a “people person”, and she would do anything and everything for anyone who asks.
My wife is a very active, healthy, woman who is involved with all of her children's and grandchildren's activities. In her free time, she enjoys prayer and cooking.
I have reached out to the Davies family and the hospital and will update this story online as I get more information.
Read about Parlato’s Sheriff Deputy case in Texas here — EXCLUSIVE: Texas sheriff deputy who sued for ivermectin is out of a coma, tells wife 'I love you'
I’ve attached all the court documents in the Virginia case below to read more of the background of the battle the Davies family has been in with the hospital doctors. The contempt order from Monday night is also below.