A court has rejected a hospital system’s claim that its refusal to continue giving ivermectin to a dying woman was covered by federal law, stating that the law does not apply to the actions in question.
Mount Sinai South Nassau in New York City was twice forced to give COVID-19 patient Deborah Bucko, who was close to death after the system’s normal treatment failed, ivermectin under court order. Mrs. Bucko’s condition improved after she began taking ivermectin.
However, the system stopped the second round of treatment before the prescription ended, and Mrs. Bucko then died.
“There is no refuting that the complaint is a frontal attack on the use of COVID-19 countermeasures as defined by the PREP Act,” lawyers for the hospital system said in a filing. “The complaint expressly implicates conduct encompassed by the PREP Act by alleging a claim for loss that has a causal relationship with the dispensing and administration of covered countermeasures to treat COVID-19. As such, the law requires its dismissal.”
The motion to dismiss by Mount Sinai, though, was rejected by New York Supreme Court Justice Randy Sue Marber.
“Rather, in stunning contrast to South Nassau’s assertions, the complaint alleges, with particularity, that South Nassau ‘acted wrongfully and negligently, by repeatedly refusing to administer ivermectin to ... [the decedent]’ notwithstanding it ‘having been prescribed” ... and ’despite clear evidence in the medical records that ... [the decedent’s] condition showed significant improvement once the ivermectin treatment was initiated,'” the justice said, quoting from the complaint.
That means the immunity conferred by PREP “is inapplicable,” she added later.
The ruling means the case will move forward. The next hearing is scheduled to take place on June 3.
“Scott and I are extremely pleased that the judge denied the hospital’s motion and has given us a fighting chance to obtain justice for Debbie,” Steven Warshawsky, a lawyer representing Scott Mantel, Mrs. Bucko’s husband, told The Epoch Times via email.
Mount Sinai did not respond to a request for comment.
Background
Mr. Mantel sued Mount Sinai in 2023, alleging the hospital system violated a law that enables representatives of decedents to sue over “wrongful act, neglect or default causing [the] death of [the] decedent.”According to the suit, after being admitted to Mount Sinai with suspected COVID-19, Mrs. Bucko’s condition was not improved by the system’s standard treatment protocols, including supplemental oxygen. She was ultimately placed on a ventilator.
Mr. Mantel researched alternative treatments and read about how some patients recovered after being treated with ivermectin. He learned that the Front Line Covid-19 Critical Care Alliance features ivermectin in its COVID-19 treatment protocol.
Mr. Mantel presented what he had learned to doctors at Mount Sinai. Dr. Robert Clark, one of the doctors, said that he was “all out of bullets” and that ivermectin might be able to help Mrs. Bucko. He wrote a prescription on April 7, 2021, for five days. Mount Sinai’s pharmacy department, though, placed the prescription on hold and the system’s stewardship committee rescinded the prescription.
Mr. Mantel took the matter to court, resulting in an order to immediately start giving Mrs. Bucko ivermectin.
After being treated with ivermectin, Mrs. Bucko’s condition improved, according to the suit. The initial prescription ended, and her recovery stalled. Mr. Mantel went back to Dr. Clark, who was said to have acknowledged ivermectin helped Mrs. Bucko get better and could keep helping her improve. He wrote another prescription, this time for 35 days.
The hospital rescinded the prescription again, prompting the family to seek legal redress. The system was ordered again to enforce the prescription.
Mrs. Bucko improved further with the second round of ivermectin, but the system changed the prescription and stopped administering it after five days. Dr. Clark also informed Mr. Mantel he was being prevented from writing any additional ivermectin prescriptions.
Once Mrs. Bucko stopped receiving ivermectin, her condition deteriorated, her family says. She died on on May 16, 2021.
Mount Sinai “committed medical malpractice and/or otherwise acted wrongfully and negligently, by repeatedly refusing to administer ivermectin to Ms. Bucko, who was suffering from severe COVID-19 illness that was not responding to the hospital’s standard treatment protocols, despite the ivermectin having been prescribed by her treating infectious disease doctor ... and despite clear evidence in the medical records that Ms. Bucko’s condition showed significant improvement once the ivermectin treatment was initiated,” the suit stated.
The family is seeking damages as determined by the court and a jury.
