A lawsuit brought by four inmates who allegedly received ivermectin to treat Covid-19 must be dismissed as they are no longer incarcerated at the defendant’s detention facility or in the custody of its medical providers, the defendants told a federal court in Arkansas.
The detainees’ claims are moot, and there is no reasonable expectation that they will again be subjected to ivermectin treatment at the Washington County Detention Center, the motion filed in district court said. American from the Western District of Arkansas.
All four complainants tested positive for Covid-19 at WCDC, according to the January complaint. Medical providers gave them ivermectin without their knowledge or informed consent, allegedly telling them the treatments consisted of vitamins, antibiotics or steroids, according to the complaint.
Credible medical professionals and US government agencies agree that ivermectin has not been shown to be effective against Covid-19, the plaintiffs said. The drug, normally used to treat or prevent parasites in cows and horses, can be dangerous to humans if given in high doses, they said.
The actions of the defendants violated the constitutional right of inmates to direct their medical care, according to the complaint. Inmates want a declaratory judgment, an injunction barring defendants from any further such violations and medical evaluations by an independent provider, he said.
But none of the inmates who filed the complaints are currently housed at WCDC, the defendants said on Tuesday. All four are now incarcerated in facilities operated by the Arkansas Department of Corrections, and there are no allegations that they are at risk of returning to WCDC, they said.
It is “theoretically possible” that the inmates will be back at WCDC at some point, but it is highly unlikely, the defendants said.
‘It requires rank speculation’ to believe that once the plaintiffs have served their sentence, they will be re-arrested and imprisoned in WCDC during another Covid-19 outbreak, where they will again receive ivermectin, the defendants said.
Rose Law Firm represents inmates. Jason Owens Law Firm PA represents the defendants.
Judge Timothy L. Brooks is assigned to the case.
The case is Floreal-Wooten v. Washington Cty. Detention Ctr., WD Ark., #22-cv-5011, petition filed 4/12/22.