What happened to the Right To Try law?
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Is there nothing DeSantis can do??
Ok, so I see it is in Florida. What can DeSantis do? Ignore the court orders? Executive order? We would be up in arms if Biden ignored the Supreme Court ruling on the mandate.
I am truly not trying to be inflammatory — I am genuinely questioning what can the executive do in the system of independent branches of government? I suppose that he could write an order but that would be subject to judicial review. The Florida Supreme Court is conservative dominated. I suspect that any ruling would be that it is ok to try if there is a physician willing to write the order — but at Mayo, as Jim Nobel pointe out — they are not willing. Force someone onto the Mayo staff? Mayo is a private organization. They take Medicare money so they can be forced? Then government can force Medicare beneficiaries to be vaccinated.
It is a hell of a mess.
So I just read the complete court transcript. For the record its Pisano and Pisano vs. Mayo Clinic Florida, Case Number 2021-CA-6754 in the county of Duval, Florida.
There are a lot of fascinating facts of this case. In no particular order...
1. The physician expert for plaintiff is not board certified in any medical specialty
2. The one case where he gave ivermectin (Baptist hospital) the patient subsequently died
3. The physician has never given any ivermectin on ventilated patients — and is not privileged in critical care medicine
4. The evidence on the record clearly demonstrates that ivermectin has mixed literature reviews and is not a “silver bullet”
5. The ruling states that the patient chose Mayo, which is a closed medical staff
6. The judge in his ruling on the merits states that he cannot force a member of the community onto a closed medical staff
7. The testimony of the physician states that patients have been discharged from the hospital and that the patients were then treated. It is curious (not a part of the ruling) that is the patients were discharged — they were probably better
8. The case was heard within 2 hours of the emergency petition. the hearing took 3 hours and ruling on the merits was from the bench
The ruling looks pretty solid. I would encourage everyone either pro or against ivermectin to read the testimony around ivermectin (essentially that there are studies both for and and against and the physician is ultimately forced to acknowledge this ). The most salient line in the whole testimony is that the court was being asked to take off its black robe and put on a white coat. The evidence shows that there is legitimate disagreement as to the roll of ivermectin in CoVID, and as such the court refused to intervene.
It is an impressive testimony and ruling. I would encourage anyone to read it as it crystalized many of the issues that we debate everyday here.
The current status of the case is at the appeals level as of 1.13.
Anyone who is interested in a factual look at the legal arguments — its all in the public record and very interesting.