The 40-year-old parents of 3 children were admitted to hospital's ICU with COVID-19 in late November 2021. They remained critically ill even after receiving every treatment permitted under hospital protocols. The patients' health care agents filed emergency motion seeking immediate mandatory injunction requiring hospital to administer ivermectin to them. Internal medicine physician, who was the attending physician for the patients during their stay, stated that he did not see any harm in trying ivermectin, but he was unable to prescribe or administer it to patients because of hospital's policy against use of ivermectin. Court denied Plaintiffs' request for immediate declaratory and injunctive relief. Court found that Plaintiffs had not shown that the patients had a legal right to be administered medication that was against standard of care developed by the hospital. Plaintiffs failed to support their assertion that Act gives them any legal rights, and failed to carry their burden to show at least a fair question that they had a legal right in need of protection. Hospital's statement of patient rights does not create the right to receive medical treatment that contravenes hospital policy. (JORGENSEN and BIRKETT, concurring.)
Illinois Appellate Court
Civil Court
Injunctions