A DuPage County judge has granted a doctor the ability to treat a COVID-19 patient with ivermectin at Edward Hospital in Naperville.
Judge Paul Fullerton ruled last week that Alan Bain can administer the controversial treatment on an emergency, temporary basis to Sun Ng.
Ng was admitted to Edward Hospital Oct. 14, only to find himself placed on a respirator a couple days later. Since then, testimony from his doctors has suggested that he has a more than 50% chance of dying.
About the Case
Ng, along with his daughter Man Kwan Ng, are the plaintiffs named in a complaint against the hospital over its refusal to allow Bain to administer the treatment.
Fullerton had been hearing from both sides in the case most of last week when Edward-Elmhurst Healthcare, the parent organization to Edward Hospital in Naperville, presented new information for the judge to review.
On Nov. 6, the defense submitted documents indicating that they learned Bain is not vaccinated against COVID-19, despite Edward Hospital policy, which mandates the COVID-19 vaccine for all employees. The hospital stipulates it is the employers duty to “protect the health and safety of employees by establishing and maintaining a healthy and safe work environment, and requiring employees to comply with health and safety measures.”
The hospital’s policy falls in line with a mandate issued earlier this year by Gov. J.B. Pritzker requiring all healthcare workers to be inoculated against COVID-19.
It remains unclear on what grounds the mandate may stand legal test.
Court documents indicate that Ng has instead provided the results of a negative COVID-19 test to the judge Nov. 7.
A representative for Edward-Elmhurst Healthcare declined to comment, citing patient privacy guidelines.
Ultimately, Fullerton sided with the plaintiffs citing the extraordinary situation and how the benefits could outweigh the risks.
At the judge’s direction, Ng was advised to release the right to sue any parties involved in the case for liability in the event that things do not pan out, court documents show.
The judge’s ruling comes as ivermectin gains popularity among those who fall ill to COVID-19 despite the treatment not having a positive recommendation from the U.S. Food and Drug Administration, the Centers for Disease Control and Prevention and numerous health experts. Trials to test the efficacy of ivermectin remain ongoing.
Attorney Kirsten Erickson commented on behalf of the plaintiffs, saying the case is about a daughter trying to save her father and that there is no legal reason for Edward Hospital to block her father from receiving treatment from a licensed doctor.
“Hopefully Judge Fullerton’s ruling will encourage hospitals to modify their COVID-protocols to incorporate more innovative drugs like Ivermectin so that more lives are saved,” Erickson said in a statement.
Fullerton is expected to hold a Nov. 19 status hearing on the case to gauge what, if any, improvement to Ng’s condition occurs.
Naperville News 17’s Megann Horstead reports.
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