The Wisconsin lawsuit is one of dozens filed nationwide to force hospitals to administer ivermectin for COVID-19. The drug is commonly used in farm animals and is also approved for human use against parasites and certain skin conditions. But some members of the medicine of choice online teams have reported self-administering highly concentrated veterinary grade ivermectin to treat diseases. The FDA warns that self-administration of the drug, especially in doses intended for animals, can be deadly.
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In Tuesday’s decision, the Wisconsin Supreme Court ruled 6-1 in favor of Aurora Health Care, with 3 liberals and 3 conservatives in favor and conservative Justice Rebecca Bradley dissented.
The Wisconsin Supreme Court has opposed a county judge’s order ordering a hospital to treat COVID-19 with ivermectin. (AP Photo/Ted S. Warren, File)
The ruling upholds an appeals court’s ruling that opposed Allen Gahl, who sued Aurora in October 2021 when doctors refused to treat her uncle, John Zingsheim, with ivermectin. Gahl allowed medical decisions to be made for Zingsheim and searched for the drug online after Zingsheim put him on a ventilator to treat COVID-19 headaches.
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Gahl received a prescription for ivermectin from a retired doctor who had never met Zingsheim or his medical team, but the hospital said the drug did not meet its criteria and refused to administer it. The hospital came directly from medical professionals, according to court documents.
The Waukesha County Circuit Court ordered hospital staff to donate the drug to Zingsheim, but later replaced its ruling to say Gahl would have to supply the drug himself, as well as a doctor to administer it. An appeals court overturned that ruling after Aurora’s attorneys argued that a ruling can’t force a health care provider to provide a remedy it deemed deficient. The Supreme Court heard arguments in the case in January.
“We do not know what viable legal action presented the circuit court idea that Gahl filed,” Judge Ann Walsh Bradley said in the court notice.
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Gahl represented through the Amos Center for Justice, a conservative Wisconsin law firm that filed a lawsuit against the ballot box and promotes conspiracy theories about COVID-19 vaccine protection on its website. His lawyer, Karen Mueller, did not return without delay, a voice message Tuesday seeking comment.