BREAKING: NY Supreme Court Rules 'Hospital Does Not Receive Immunity Denying Covid-19 Ivermectin'

This case presents the background of Deborah Bucko's emergency room visit and subsequent hospitalization admission after experiencing common Covid-19 infection symptoms.

As you will see, Deborah was refused a prescription for ivermectin multiple times even though the few times she was administered ivermectin, her condition vastly improved. She subsequently died after refusal by the hospital to administer ivermectin.

On February 28, 2021, the Plaintiff-decedent, Deborah Bucko presented to the emergency room at South Nassau complaining of shortness of breath, body aches, fatigue and fever. On the same day, the Decedent was admitted to South Nassau with a diagnosis of “suspected COVID-19" illness, was admitted and standard treatment protocols were administered. Unfortunately, Deborah did not respond to the standard protocol treatment.

On April 7, 2021, Dr. Robert Clark, the Decedent’s treating infectious disease specialist, wrote an initial prescription for the drug Ivermectin for what he concluded was “end stage covid 19." Notwithstanding, Dr. Clark’s action, this prescription was immediately placed on hold and ultimately rescinded by the “Hospital Stewardship Committee”, which was allegedly comprised “of senior hospital physicians, department chiefs, and/or administrators” all of whom were acting on behalf of South Nassau.

On April 20, 2021, this Court signed an Order to Show Cause under whereby South Nassau was directed to “immediately enforce Doctor Robert H. Clark’s order to administer the prescription Ivermectin to their mutual patient, Deborah Bucko. Deborah received her first dose of ivermectin on April 20 which continued daily until April 24, 2021, during which time she allegedly experienced “significant improvement” and “required significantly less oxygen, vasopressors, and ventilator support."

On April 27, 2021, Dr. Clark wrote a second prescription for Ivermectin spanning a period of 35 days “with a stop date of May 31, 2021”, which was blocked and ultimately rescinded by South Nassau, the Court signed an Order to Show Cause once again directing South Nassau to “enforce” Dr. Clark’s “second order to administer the prescription Ivermectin” to Ms. Bucko. On May 5, 2021, the Decedent was again receiving Ivermectin, however, rather than the full 35 day course of treatment ordered by Dr. Clark, the prescription was purportedly “changed” and “the second round of ivermectin was stopped on May 10, 2021." Subsequently, Ms. Bucko's “condition rapidly deteriorated” and on May 16, 2021, she unfortunately passed away.

On September 15, 2023, the Plaintiff, Scott Mantel, as the Administrator for the Decedent’s Estate (hereinafter the “Plaintiff”), commenced the underlying wrongful death action referable to South Nassau. South Nassau counter motioned and claimed the entity was protected under the "immunity protection" clause of the PREP Act.

Scott Mantel alleges, with particularity, that South Nassau “acted wrongfully and negligently, by repeatedly refusing to administer ivermectin to Deborah Bucko. Notwithstanding, “having been prescribed” by Dr. Clark and “despite clear evidence in the medical records that Deborah was improving, The factual claims alleged in the complaint, which must be accepted as true and afforded the benefit of every favorable intendment, are unequivocally based upon South Nassau’s “non-administration” of Ivermectin and accordingly the immunity afforded under the PREP Act is inapplicable, the Honorable Randy Sue Marber, J.S.C. NY Supreme Court ruled today.

This is a major win for the untold countless people who were denied affordable, "safe and effective" off label treatments that rightfully could have saved incalculable numbers of human beings. Attached is the NY Supreme Court brief.

https://assets.circle.so/f0pzxibmwsbqfze7wfms0d8jgoua