(The Epoch Times)—Brenda Downs was dying.
Mrs. Downs, 64, contracted COVID-19 while on vacation. She went to the local emergency room after returning home for treatment. She was transferred to a bigger facility in Ohio when her condition worsened.
Mrs. Downs, though, kept getting worse, despite a federally recommended treatment course including remdesivir.
On the same day Mrs. Downs was placed on a ventilator, her family asked doctors to try ivermectin, an anti-malarial that has had some success against COVID-19. Because the treatment course was not working, relatives felt it was time to try something new.
The hospital refused. A clinical ethicist there cited how the U.S. Food and Drug Administration (FDA) warned people against using ivermectin against COVID-19. The ethicist claimed there could be “great harms” if Mrs. Downs was given ivermectin.
“This may make the family upset,” he wrote in notes reviewed by The Epoch Times.
But Mrs. Downs’s husband and daughters weren’t giving up. They sued the hospital to try to force the facility to either administer ivermectin or allow an outside doctor in to administer it.
A local doctor who reviewed Mrs. Downs’s case said she should be able to receive the drug. Based on his research into ivermectin, he said there was “very little downside” in trying the drug, whether it worked or not.
A settlement was reached on Aug. 19, 2021. The settlement said that the hospital would administer ivermectin, but that the administration was conditional on “the treating physician(s) professional judgement and discretion, and the applicable standard of care.”
Mrs. Downs never received ivermectin. She died at the hospital on Sept. 2, 2021.
If she had received the drug, “I believe it would have set some kind of precedent, so they did everything they could to make sure she was never going to get it,” Donald Downs, Mrs. Downs’s husband, told The Epoch Times. “If we could’ve gotten it to her sooner, maybe things would’ve been different.”
Possible Fine Looms Over Family
The family experienced pressure from the court system and OhioHealth, which runs the facility to which Mrs. Downs was admitted, to agree to a fine of $100,000 for each person who disclosed the existence of the settlement.
They still signed the confidential settlement because they felt there was limited time for Mrs. Downs to receive ivermectin.
“We were under severe pressure and in desperation to save my wife and my daughter’s mother,” Mr. Downs said. “We would do anything to try to save her.”
Ralph Lorigo, a lawyer who was representing the family, said that the judge in the case wanted him to sign the settlement, which would open him up to being fined as well if he violated the agreement.
“I’ve never in my at that point 47 or 48 years in my career had a judge ever tell the lawyer that they had to be part of that settlement,” Mr. Lorigo told The Epoch Times.
Mr. Lorigo said a confidential agreement was fine but that the parameters of this one were “so broad.”
“If you named the hospital, for Christ’s sake, you could be responsible for $100,000,” Mr. Lorigo said.
Franklin County Court of Common Pleas Judge Mark Serrott, who was overseeing the case, told the Downs family that Mr. Lorigo was blocking the settlement by refusing to sign, according to the family. The family fired Mr. Lorigo to make sure the settlement went through.
Judge Serrott “tells us that we will be able to get my wife the medicine as soon as we sign the agreement,” Mr. Downs said. Judge Serrott and Jeffrey Perry, a local attorney who helped secure the settlement, did not respond to requests for comment.
Judge Serrott, the family says, told them they were forbidden to discuss the case. “When someone asks you about this case, you are going to say, ‘the judge says I’m not allowed to talk about it,'” he said, the family recalls. The judge made them repeat the sentence.
The threat of a fine loomed over the family for years, preventing them from talking about how their mother and wife died.
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On Oct. 27, 2022, the Downs family asked the Franklin County court to declare the settlement void on the grounds it was illegal, procured fraudulently because OhioHealth never intended to administer ivermectin or allow it to be administered, and was procured under duress. OhioHealth countersued, asking the court to sanction the family for a frivolous filing.
Judge Carl Aveni ruled on Oct. 6, 2023, that the settlement agreement was never enforceable because Mr. Downs voluntarily dismissed the suit after his wife died. He said he would rule on the countersuit at a later time.
Initially Alert
Mr. and Mrs. Downs were enjoying summer vacation in Baton Rouge, Louisiana when Mr. Downs became ill. His wife began experiencing symptoms several days later. They returned home early. Mrs. Downs then went to a local hospital with symptoms including cough, headache, and sore throat.
A doctor who on July 28, 2021, saw Mrs. Downs said she was “not ill-appearing or toxic-appearing,” nor “in acute distress. Mrs. Downs did test positive for COVID-19, he wrote in notes reviewed by The Epoch Times. The doctor sent her home with an inhaler in stable condition.
Five days later, Mrs. Downs went back to the same hospital, Hocking Valley Community Hospital, reporting diarrhea, nausea, cough, fever, and loss of taste and smell.
Dr. John Ireton, the doctor at Hocking Valley, described plans to start Mrs. Downs on the anti-inflammatory dexamethasone. He did not plan to administer remdesivir due to “recent poor efficacy data,” he wrote in notes from the Aug. 2, 2021, encounter.
Even a day later, Mrs. Downs was in relatively good condition despite experiencing some symptoms, according to additional notes. The patient was “pleasant and cooperative” while appearing “moderately ill,” Dr. Ireton wrote.
But the patient’s inflammatory markers started trending upward, and she soon required oxygen.
Mrs. Downs was transferred to Doctors Hospital, the bigger facility, on Aug. 5, 2021, in part because the facility had “remdesivir and other COVID-19 treatments unavailable at this facility,” Dr. Ireton wrote in discharge notes.
Remdesivir is an antiviral cleared by the FDA for treating COVID-19.
Placed on Ventilator
Mrs. Downs was admitted to the intensive care unit at Doctors Hospital the same day, with conditions including acute respiratory failure and a slow heartbeat, the doctors there said.
Other symptoms were later noted, including acute kidney injury. It was “unknown” whether those conditions were present at admission, the doctors said in notes reviewed by The Epoch Times.
Doctors after admission started Mrs. Downs on a course of remdesivir, which some researchers have said is linked to kidney injury. The doctors also continued the dexamethasone and added various vitamins and other drugs, including the monoclonal antibody tocilizumab and vitamin C. Family members say they asked if remdesivir was being administered and were told no.
Doctors used a bilevel positive airway pressure machine to assist Mrs. Downs with breathing. They ended up placing her on a ventilator on Aug. 11, 2021, due to worsening symptoms, despite her telling them she did not want to be intubated. Fentanyl and other drugs were administered.
On the same day as the intubation, the family asked that ivermectin be administered, under the Right to Try Act, as the treatments applied by the hospital weren’t working.
Gavin Enck, a clinical ethicist at OhioHealth, said that the request would have to be rejected because it did not meet the conditions of the act, such as being an investigational drug studied in clinical trials. “Second, the FDA has publicly stated that it neither treats COVID nor benefits the patients; in fact, there are great harms in using ivermectin to treat or prevent COVID-19. As a result, ivermectin is non-beneficial treatment,” Mr. Enck wrote in an analysis dated Aug. 11, 2021, that was reviewed by The Epoch Times.
Ivermectin is an FDA-approved drug, but not for COVID-19. Doctors in the United States commonly prescribe drugs for non-approved uses. The FDA said in a warning earlier in 2021 that ivermectin was not approved to treat COVID-19 and that “taking large doses of this drug is dangerous and can cause serious harm.” The FDA has since acknowledged doctors can prescribe ivermectin for COVID-19, while an appeals court said the FDA likely overstepped its authority with the warning and similar statements.
Mr. Enck said that if the family didn’t like the decision, they could take action.
“While this may make the family upset, they do have the right to request a transfer,” he wrote. “While it is extremely unlikely another organization would accept the patient in order to provide ivermectin, they family [sic] can still work on setting up a transfer.”
Mr. Enck did not pick up his phone or return a voicemail. OhioHealth did not respond to a request for comment.
The family asked to speak to hospital administrators and offered to sign waivers. They said their attempts were turned down.
Family members also spoke to Dr. Brian Still, Mrs. Downs’ primary care doctor. He agreed to prescribe Mrs. Downs ivermectin and wrote a letter saying he felt there was little downside to trying it.
Suit Filed
Desperate to give their loved one a better chance at surviving, the family took OhioHealth to court.
They chose Mr. Lorigo, who had won multiple similar cases for patients that wanted ivermectin, to represent them.
“Every time he won a case in court, the person that got it lived,” Cara Bookman, Mrs. Downs’s daughter, told The Epoch Times.
The family through their lawyers filed an emergency request for relief in the Franklin County court on Aug. 16, 2021. Attorneys asked for an emergency sealed hearing.
The hearing was held on Aug. 18, 2021. The family was not present. Judge Serrott, the family said, called them and said that the parties were nearing an agreement on a confidential settlement that would bar the family from discussing the settlement and include a fine if they did.
OhioHealth wanted a $1 million fine but Judge Serrott changed the amount to $100,000, according to the family.
The judge also said that Mr. Lorigo was holding up the settlement by refusing to sign it. The family offered to fire him in a bid to finalize the settlement and get Mrs. Downs the ivermectin.
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That’s when the family says the judge told them Mrs. Downs would be able to receive the drug as soon as they signed the settlement.
The agreement indemnified OhioHealth for administering ivermectin and stated that OhioHealth “shall prescribe and administer a 12 (twelve) mg daily oral dose of ivermectin for 4 (four) days” to the patient.
It also said, however, that the prescription and administration were “subject to the [sic] treating physician(s)’ professional judgment and discretion, and the applicable standard of care.”
No Ivermectin
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The family went to the hospital after signing the agreement and learned Mrs. Downs had not received ivermectin. A nurse said that Mrs. Downs was experiencing cognitive issues and doctors felt ivermectin could harm her. Several doctors then met with the family and said that they didn’t want to administer the drug. The family agreed to a one-day delay.
According to the Downs family, Dr. Joseph Gastaldo told them during the meeting that ivermectin may have helped Mrs. Downs if it had been administered at an earlier date. But Dr. Gastaldo later told a local broadcaster that there was “no proven benefit” for using ivermectin against COVID-19 and “potentially has toxicities if you take it at a higher dose.”
Additional attempts to secure the drug for Mrs. Downs were not successful, prompting the family to ask Mr. Perry, the local attorney, about dismissing the case.
“We did not want to be held liable for the $100,000 each [in the] confidentiality agreement knowing that they were still not going to give her the medicine,” Mr. Downs said.
Mrs. Downs died on Sept. 2, 2021.
Judge Serrott, about a week later, dismissed the case.
The family said they later found they were still held to the confidentiality agreement. They filed the fresh action in October 2022 to ensure they could speak about their ordeal.
The complaint was straightforward, Warner Mendenhall, who is now representing the family, told The Epoch Times. Without a ruling from the court, the family “would be under the threat” of the fines, he said.
OhioHealth countersued, alleging that the family was launching a frivolous action. Hospital lawyers asked for sanctions.
Judge Aveni finally ruled on the matter nearly one year later. While confirming the confidentiality agreement was not in effect, he rejected the family’s attempt to dismiss the countersuit, saying the case would be decided in the future.
The family wants people to know about their experience with a major hospital and the court system.
“If I hadn’t went through this, I don’t know if I could believe it,” Mr. Downs, a pastor, told The Epoch Times. “It’s that horrendous.”
They are hoping that OhioHealth, the doctors there, and Judge Serrott are in some way held accountable for what transpired.
“We are seeking justice,” Mr. Downs said, “so that no other family has to go through what we did.”
Five Things New “Preppers” Forget When Getting Ready for Bad Times Ahead
The preparedness community is growing faster than it has in decades. Even during peak times such as Y2K, the economic downturn of 2008, and Covid, the vast majority of Americans made sure they had plenty of toilet paper but didn’t really stockpile anything else.
Things have changed. There’s a growing anxiety in this presidential election year that has prompted more Americans to get prepared for crazy events in the future. Some of it is being driven by fearmongers, but there are valid concerns with the economy, food supply, pharmaceuticals, the energy grid, and mass rioting that have pushed average Americans into “prepper” mode.
There are degrees of preparedness. One does not have to be a full-blown “doomsday prepper” living off-grid in a secure Montana bunker in order to be ahead of the curve. In many ways, preparedness isn’t about being able to perfectly handle every conceivable situation. It’s about being less dependent on government for as long as possible. Those who have proper “preps” will not be waiting for FEMA to distribute emergency supplies to the desperate masses.
Below are five things people new to preparedness (and sometimes even those with experience) often forget as they get ready. All five are common sense notions that do not rely on doomsday in order to be useful. It may be nice to own a tank during the apocalypse but there’s not much you can do with it until things get really crazy. The recommendations below can have places in the lives of average Americans whether doomsday comes or not.
Note: The information provided by this publication or any related communications is for informational purposes only and should not be considered as financial advice. We do not provide personalized investment, financial, or legal advice.
Secured Wealth
Whether in the bank or held in a retirement account, most Americans feel that their life’s savings is relatively secure. At least they did until the last couple of years when de-banking, geopolitical turmoil, and the threat of Central Bank Digital Currencies reared their ugly heads.
It behooves Americans to diversify their holdings. If there’s a triggering event or series of events that cripple the financial systems or devalue the U.S. Dollar, wealth can evaporate quickly. To hedge against potential turmoil, many Americans are looking in two directions: Crypto and physical precious metals.
There are huge advantages to cryptocurrencies, but there are also inherent risks because “virtual” money can become challenging to spend. Add in the push by central banks and governments to regulate or even replace cryptocurrencies with their own versions they control and the risks amplify. There’s nothing wrong with cryptocurrencies today but things can change rapidly.
As for physical precious metals, many Americans pay cash to keep plenty on hand in their safe. Rolling over or transferring retirement accounts into self-directed IRAs is also a popular option, but there are caveats. It can often take weeks or even months to get the gold and silver shipped if the owner chooses to close their account. This is why Genesis Gold Group stands out. Their relationship with the depositories allows for rapid closure and shipping, often in less than 10 days from the time the account holder makes their move. This can come in handy if things appear to be heading south.
Lots of Potable Water
One of the biggest shocks that hit new preppers is understanding how much potable water they need in order to survive. Experts claim one gallon of water per person per day is necessary. Even the most conservative estimates put it at over half-a-gallon. That means that for a family of four, they’ll need around 120 gallons of water to survive for a month if the taps turn off and the stores empty out.
Being near a fresh water source, whether it’s a river, lake, or well, is a best practice among experienced preppers. It’s necessary to have a water filter as well, even if the taps are still working. Many refuse to drink tap water even when there is no emergency. Berkey was our previous favorite but they’re under attack from regulators so the Alexapure systems are solid replacements.
For those in the city or away from fresh water sources, storage is the best option. This can be challenging because proper water storage containers take up a lot of room and are difficult to move if the need arises. For “bug in” situations, having a larger container that stores hundreds or even thousands of gallons is better than stacking 1-5 gallon containers. Unfortunately, they won’t be easily transportable and they can cost a lot to install.
Water is critical. If chaos erupts and water infrastructure is compromised, having a large backup supply can be lifesaving.
Pharmaceuticals and Medical Supplies
There are multiple threats specific to the medical supply chain. With Chinese and Indian imports accounting for over 90% of pharmaceutical ingredients in the United States, deteriorating relations could make it impossible to get the medicines and antibiotics many of us need.
Stocking up many prescription medications can be hard. Doctors generally do not like to prescribe large batches of drugs even if they are shelf-stable for extended periods of time. It is a best practice to ask your doctor if they can prescribe a larger amount. Today, some are sympathetic to concerns about pharmacies running out or becoming inaccessible. Tell them your concerns. It’s worth a shot. The worst they can do is say no.
If your doctor is unwilling to help you stock up on medicines, then Jase Medical is a good alternative. Through telehealth, they can prescribe daily meds or antibiotics that are shipped to your door. As proponents of medical freedom, they empathize with those who want to have enough medical supplies on hand in case things go wrong.
Energy Sources
The vast majority of Americans are locked into the grid. This has proven to be a massive liability when the grid goes down. Unfortunately, there are no inexpensive remedies.
Those living off-grid had to either spend a lot of money or effort (or both) to get their alternative energy sources like solar set up. For those who do not want to go so far, it’s still a best practice to have backup power sources. Diesel generators and portable solar panels are the two most popular, and while they’re not inexpensive they are not out of reach of most Americans who are concerned about being without power for extended periods of time.
Natural gas is another necessity for many, but that’s far more challenging to replace. Having alternatives for heating and cooking that can be powered if gas and electric grids go down is important. Have a backup for items that require power such as manual can openers. If you’re stuck eating canned foods for a while and all you have is an electric opener, you’ll have problems.
Don’t Forget the Protein
When most think about “prepping,” they think about their food supply. More Americans are turning to gardening and homesteading as ways to produce their own food. Others are working with local farmers and ranchers to purchase directly from the sources. This is a good idea whether doomsday comes or not, but it’s particularly important if the food supply chain is broken.
Most grocery stores have about one to two weeks worth of food, as do most American households. Grocers rely heavily on truckers to receive their ongoing shipments. In a crisis, the current process can fail. It behooves Americans for multiple reasons to localize their food purchases as much as possible.
Long-term storage is another popular option. Canned foods, MREs, and freeze dried meals are selling out quickly even as prices rise. But one component that is conspicuously absent in shelf-stable food is high-quality protein. Most survival food companies offer low quality “protein buckets” or cans of meat, but they are often barely edible.
Prepper All-Naturals offers premium cuts of steak that have been cooked sous vide and freeze dried to give them a 25-year shelf life. They offer Ribeye, NY Strip, and Tenderloin among others.
Having buckets of beans and rice is a good start, but keeping a solid supply of high-quality protein isn’t just healthier. It can help a family maintain normalcy through crises.
Prepare Without Fear
With all the challenges we face as Americans today, it can be emotionally draining. Citizens are scared and there’s nothing irrational about their concerns. Being prepared and making lifestyle changes to secure necessities can go a long way toward overcoming the fears that plague us. We should hope and pray for the best but prepare for the worst. And if the worst does come, then knowing we did what we could to be ready for it will help us face those challenges with confidence.
