Virginia Catholic Family Wins Landmark Victory for Patient Rights,
Needs Financial Support

In recent months, LifeSiteNews has been at the forefront of efforts to protect patient rights all over the world, especially in regard to their right to be exempt from vaccine mandates for reasons of conscience and to obtain individualized medical care. Just a few days ago, a judge’s landmark legal ruling involving a Catholic patient in Fauquier Hospital in Virginia has delivered a significant victory for patient rights but has left the patient’s family in dire financial straits.  This article will give an account of the family’s struggle to defend the right to individualized medical care and will invite readers to contribute to a Gofundme campaign that will reimburse the family for the financial losses they incurred to defend patient rights for all.

As reported in the Daily Wire, in October Kathy Davies, mother of 4 and grandmother of 10 was admitted to the Intensive Care Unit at Fauquier Hospital in Virginia with COVID-19.   

She was placed on a ventilator in the intensive care unit (ICU) on November 3, [which was her 63rd birthday]   [Kathy’s husband] Donald was to serve as her medical proxy — and after consultation with [his son] Chris and his siblings — wanted doctors to give Kathy Ivermectin in hopes of finding success against COVID-19.

The doctors and hospital refused that request and were adamant they would not administer the drug despite the family’s wishes. On December 3, the Davies family notified Fauquier Health that they were hiring attorneys on Kathy’s behalf and filing a lawsuit.

My dear wife Kathy passed away on Saturday, December 18 after a long fight with COVID 19 and the Fauquier Medical Center Hospital.  Our family is devastated by this loss, with the help of Jesus' strength. Tanks to all of you for your parayers and support..

In a previous article LifeSiteNews reported on the case of John Sauer who was recently admitted to the ICU with COVID-19 in another Virginia hospital.  Despite the heroic efforts of his wife, Mrs. Cynthia Sauer, to obtain proper individualized medical treatment for her husband, culminating in legal action to force the hospital to provide a specific course of treatment under the Right to Try Act, the hospital refused to cooperate with her requests and Mr. Sauer died in the ICU without having received the requested treatment.  Profiting from the recommendations and the experience of Mrs. Sauer, Donald Davies and his son Chris were able to take Fauquier Hospital to court earlier this month.  On December 9, Judge James P. Fisher of the 20th Judicial Court of Virginia ruled that the hospital must comply with the family’s demand for a specific course of treatment.  According to an article in the Fauquier News:

The hospital had argued that the family’s physician could not direct patient care because she does not have privileges at Fauquier Hospital. But Fisher said in his ruling Dec. 9 that the requirement that a doctor have privileges is not written into state code and is therefore not a prerequisite.

Fisher also wrote in his decision that although hundreds of pages of legal and medical documents were submitted by both sides to support their arguments, “the court finds it unnecessary to descend into an analysis of the merits of Ivermectin as a treatment protocol.”

He wrote, “The specific provisions of the Health Care Decisions Act of Virginia control the rights of the parties and sets out a statutorily specific authority of the court to rule…. An agent operating under an Advance Medical Directive, as is the case here, is authorized with ‘full power to make health care decisions for [the patient]. The agent may consent to … medication,” and may “hire and fire [the patient’s] health care providers… That is what happened here.”

Thanks to the sacrificial action of the Davies Family which led to the judge’s ruling, Mrs. Davies was able to receive her first dose of Ivermectin from Dr. Martha Mathuri, a doctor chosen by the family, on December 13, and has received follow up doses as directed by Dr. Mathuri.  The ruling represents a victory for patient’s rights everywhere, but it has left the Davies Family in dire financial straits.  Please prayerfully consider making a donation to the GoFundMe campaign to reimburse the Davies Family for their legal expenses.