Comatose woman fighting COVID-19 gets unapproved drug after judge's order

A 68-year-old Elmhurst woman suffering from COVID-19 is receiving doses of an unapproved drug after a DuPage County judge ordered Elmhurst Hospital to allow the treatment.

Judge James Orel had ruled that Nurije Fype, who is on a ventilator and in a coma, should be allowed to get ivermectin, an antiparasitic drug. On Monday night, a doctor went to the hospital to administer the first dose of the drug.

“Now let's hope the good Lord allows the medication to work,” Orel said during a Tuesday morning hearing.

Fype's daughter, Desareta Fype, hired Dr. Alan Bain, who is listed on a directory of doctors willing to prescribe ivermectin for COVID-19. Bain obtained privileges and administered the medication around 8:30 p.m., according to hospital attorney Daniel Monahan.

“That was all I wanted in this case as a judge,” Orel said.

Desareta Fype obtained temporary guardianship of her mother on Friday. Orel also signed an emergency order directing the hospital to give ivermectin.

The Food and Drug Administration has neither approved nor forbidden the use of ivermectin for treating COVID-19.

On Monday morning, Monahan argued the hospital could not find a hospital-affiliated doctor to administer the drug. The judge told the hospital to “get out of the way” and allow any board-certified doctor to administer the drug.

On Tuesday, Monahan told Orel that the hospital asked 20 physicians and 19 other health care workers, including nurses and pharmacists, to administer the medication. They all said “no,” Monahan said.

Orel denied a request from Desareta Fype's lawyer to let Bain order the hospital's nurses to administer further doses. The judge also refused a request to hold the hospital in contempt of court.

Judge orders Elmhurst Hospital to let patient receive unapproved COVID-19 treatment

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