Palm Beach County Circuit Judge James Nutt, for the second time in just three days, rejected the petition and asked that attorneys representing the husband of 47-year-old Tamara Drock and those for Palm Beach Gardens Medical Center try to resolve the dispute, the Post reported.
Ryan and Tamara Drock both contracted COVID-19. And while Ryan recovered — after he took ivermectin — his wife has been hospitalized and is in the intensive-care unit and is now receiving oxygen.
Ryan Drock hoped for the judge to order the hospital to give Tamara the drug, which doctors state hasn't been found effective against COVID-19.
The parasite-fighting drug hasn't been approved by the U.S. Food and Drug Administration for use to treat patients with COVID-19.
"The parties are directed to confer and, if possible, agree how this matter can expeditiously proceed to final resolution," Nutt wrote.
The judge noted that if the correct legal papers are "squared away," he would be willing to hold a hearing to explore why Drock might benefit from ivermectin.
Nutt's decision on Tuesday came three days after he ruled that attorneys for Drock's husband didn't use the correct legal procedure and asked them to amend their lawsuit.
Attorney Jake Huxtable on Monday filed a motion asking Nutt to reconsider his decision.
"The court's understanding of the issue and relief requested is incorrect and utterly misguided, respectfully," Huxtable wrote.
The judge, nonetheless, said that the petition Huxtable filed is to be used to quickly resolve disputes over the use of life-sustaining medical procedures, such as feeding tubes — it doesn't give patients the right to ask a judge to overturn a doctor's medical judgment.
"It is not a right to demand a particular treatment. It is not a right to substitute one's judgment as to which treatments must (be) made available by others," he wrote. "There is no right, constitutional or otherwise, of a patient to substitute one’s judgment for a medical professional."
Nutt noted that he would consider a new motion, if filed correctly, by Huxtable.
The attorney has insisted that Ryan Drock, as his wife's legal representative, has the constitutional right to accept the advice of another doctor, who has agreed to administer ivermectin.
Nutt addressed the fact that wasn’t sure a judge should make a decision that requires medical expertise.
“It’s been reduced to the court determining a dosage?” Nutt asked. “Do you realize how drilled down this has become?”
Huxtable emphasized that Drock’s condition is grave, and no other options are available.
“The patient is on death's doorstep; there is no further COVID-19 treatment protocol for (the hospital) to administer to the patient," he wrote.
Ryan Drock, he said, "is doing everything he can to give his wife a chance of survival."