From Franklin County Common Pleas Judge Carl Aveni's decision in Bontell v. Ohiohealth Corp. (note that Ms. Mikalonis apparently died Jan. 1, after this decision was rendered):
The narrow question before this Court is whether a single trial judge can, or should re-write existing Ohio law on a case-by case basis to compel particularized off-label medical treatment in contravention to the collective training, experience, medical judgment, and professional ethics of the physicians and hospital actually providing care.
The Ohio General Assembly has recently answered this question when enacting R.C. 4743.10, expressly reserving such judgments to the informed discretion of the medical practitioners responsible for their patients. This Court lacks a sound basis on these facts to either legislate with a gavel or practice medicine from the bench; capriciously formulating and superimposing its own views on individual infectious disease cases, where the legislature has reserved matters to the judgment of the doctors and hospitals trained, licensed and entrusted to provide such care.
It is entirely understandable that Plaintiff, faced with a devastating disease and limited options, would ask the Court to do whatever it can, and as quickly as possible. But, even from a wellspring of deep sympathy, the Court cannot re-write the laws to compel doctors to act against their judgment, training, and ethics, where the General Assembly has soundly rested that authority….
