The hospital has historically been the place we knew we could count on to act in the best interest of patients. If we were sick and needed urgent care, the hospital was our trusted partner to help us get better.
Sadly, those days are gone. Billions of dollars in COVID relief funds are pouring into Tennessee hospitals through the CARES Act. The CDC publishes Provider Relief Fund COVID-19 High-Impact Payments here. This money has conditions that must be met to receive it, and these conditions are killing COVID patients and destroying families across Tennessee.
We know hospitals are getting marching orders from the American Hospital Association (AHA) and our state health department. Here is a special bulletin from AHA regarding these funds. This special bulletin from AHA describes eligibility and distribution of funds.
Here is what we know:
We cannot say every Tennessee hospital chooses money over ethics. There may be some hospitals refusing this money and faithfully adhering to the Hippocratic Oath to do no harm. But Adam Group advocates' experiences with more than a dozen Tennessee hospitals indicate an unprecedented pattern of patient abuse and violation of rights against patients and their families, including medical kidnapping, disregard for powers of attorney and conservatorships, poor patient care, deceptive practices, and potentially criminal behavior.
We know why Tennessee hospitals are behaving in ways that violate patient and family rights.
There are billions of dollars in federal COVID relief funds flowing into hospitals in exchange for strict compliance to requirements and protocols dictated by the National Institutes of Health (NIH). Once you see the evidence connecting the money to COVID patient care, you begin to understand why COVID patients are dying in hospitals, alone and separated from their families--often on ventilators.
You need these facts BEFORE you or someone you love admits to a hospital for COVID treatment.
If admission has occurred, you need someone immediately to help you through the difficult process of keeping yourself or someone you love from being a victim of these deadly protocols.
Most Tennessee hospitals will not recognize powers of attorney and will isolate patients from their families.
What are your rights? How can you stop hospitals from implementing deadly COVID protocols? The Adam Group advocates can help you navigate this system and help you assert your rights.
Click here for Tips from Our Advocates.
In exchange for receiving billions of dollars in COVID relief funds, Tennessee hospitals have a clear directive for treating COVID patients. Tennessee hospitals must follow COVID treatment protocols declared in the Coronavirus Disease 2019 (COVID-19) Treatment Guidelines: "The COVID-19 Treatment Guidelines have been developed to provide clinicians with guidance on how to care for patients with COVID-19."
The Guidelines claim (page 21) that remdesivir (marketed as Veklury), an antiviral agent, is the only FDA-approved drug for the treatment of COVID-19 (for emergency use), and the document provides all instructions for administering remdesivir to hospitalized COVID patients.
Here is what we know:
Only a handful of physicians and other healthcare professionals are brave enough to speak out against the use of remdesivir on COVID patients for fear of losing their licenses and being tried and hung in the court of public opinion. Dr. Bryan Ardis is not afraid to share information about remdesivir. In this video, Dr. Ardis explains how hospital protocols are murdering Americans by prescribing remdesivir, which causes renal failure.
We also know:
******Pay close attention to the wording here ... (Source: Congressional Research Service; 23 Sep 2021.)
Scope of Immunity from Liability
1. The PREP Act defines a covered person to include (i) the United States; (ii) manufacturers and distributors of covered countermeasures; (iii) “program planners”; and (iv) “qualified persons” who prescribe, administer, or dispense covered countermeasures.
2. PREP Act immunity reaches “all claims for loss” under federal and state law. Loss is broadly defined to mean “any type of loss,” including (i) death; (ii) physical, mental, or emotional injury, illness, disability, or condition; (iii) fear of such injury, including medical monitoring costs; and (iv) loss of or damage to property, including business interruption loss.
3. The loss must have a causal relationship to the administration and use of a covered countermeasure.
4. The medical product at issue must be a covered countermeasure. The PREP Act specifies four types of covered countermeasures: (i) a qualified “pandemic or epidemic product”; (ii) a “security countermeasure”; (iii) a drug, biological product, or device that the U.S. Food and Drug Administration (FDA) has authorized for emergency use; and (iv) a “respiratory protective device” that is approved by the National Institute for Occupational Safety and Health (NIOSH).
A pandemic or epidemic product includes any drug, biological product, or device developed “to diagnose, mitigate, prevent, treat, or cure a pandemic or epidemic” or used “to limit the harm such pandemic or epidemic might otherwise cause.” In addition, drugs, biological products, or devices used to treat the side effects of a pandemic or epidemic product, or to enhance their effects, may themselves be covered countermeasures. In either case, to be a covered countermeasure, the pandemic or epidemic product must be approved, licensed, or authorized for emergency use by FDA.
Security countermeasure refers to a drug, biological product, or device used “to diagnose, mitigate, prevent, or treat harm from any biological, chemical, radiological, or nuclear agent” identified by the Secretary of Homeland Security as a material threat to national security.
The emergency use category of covered countermeasures includes drugs, biological products, and devices that FDA has authorized for use outside its ordinary regulatory processes via an Emergency Use Authorization (EUA). FDA has made wide use of its emergency authorities in response to the COVID-19 pandemic, issuing EUAs for certain in vitro diagnostic products (i.e., tests for COVID-19), antibody tests, personal protective equipment (e.g., respirators and face shields), ventilators, therapeutic drugs, and vaccines.
Section 6005 of the Families First Coronavirus Response Act and Section 3103 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) amended the PREP Act to add a fourth covered countermeasure category for certain respiratory protective devices (such as N95 respirators). To be covered by the PREP Act, the respiratory protective device must be (i) approved by NIOSH under 42 C.F.R. Part 84; and (ii) determined by the Secretary to be a priority for use during a public health emergency. FDA issued an EUA on March 2, 2020, for the use of NIOSH-approved filtering respirators intended for general use to protect health care personnel against COVID-19.
The “Willful Misconduct” Exception
If a claim is within the PREP Act’s scope, a covered person is generally immune from legal liability. The “sole exception” to immunity is when a covered person proximately causes death or serious physical injury to another person through willful misconduct. A serious physical injury must be life threatening, permanently impair a body function, permanently damage a body structure, or require medical intervention to avoid such permanent impairment or damage. Willful misconduct requires that the covered person acted (i) intentionally to achieve a wrongful purpose; (ii) knowingly without legal or factual justification; and (iii) in disregard of a known or obvious risk that is so great as to make it highly probable that the harm will outweigh the benefit.
In other words, remdesivir (Veklury) is the ONLY drug FDA approved under an EUA for the treatment of COVID-19. Use of remdesivir and ventilators are covered countermeasures under the PREP Act, which provides liability immunity to all doctors and hospitals that prescribe, administer, or dispense these two countermeasures.
Not only are hospitals making money off COVID diagnoses of patients, but hospitals also make money off the use of ventilators and remdesivir, AND hospitals are immune from all liability if they use these covered countermeasures.
This is why hospitals tell patients and families remdesivir and ventilators are the ONLY treatment protocols they have for COVID-19. No other "off-label" treatments, despite their effectiveness and safety, pay dividends for every patient. No other treatments offer immunity from liability in case of injury or death.
HOSPITAL WATCH LIST
These hospitals and hospital systems are the worst offenders of COVID patient care and disrespect of patient and family rights: