Gahl v. Aurora Health Care, Inc.Annotate this Case
The Supreme Court affirmed the decision of the court of appeals reversing the circuit court's issuance of an injunction compelling Aurora Health Care, Inc. to administer Ivermectin to Petitioner's uncle (Patient), holding that the circuit court abused its discretion in issuing the injunction without analyzing Petitioner's reasonable probability of success on the merits.
Patient was in Aurora's care when he tested positive for COVID-19. Petitioner, who held health care power of attorney for Patient, received a prescription for Ivermectin from a retired OB/GYN, but Aurora declined to effect the prescription. Thereafter, Petitioner bright a complaint seeking declaratory and injunctive relief. The circuit court issued an order compelling Aurora immediately to enforce the prescription and administer Ivermectin to Patient. The court of appeals reversed. The Supreme Court affirmed, holding that the circuit court erroneously exercised its discretion by issuing the temporary injunction without referencing any basis demonstrating that Petitioner had a reasonable probability of success on the merits of "some type of legal claim."