AG Jeff Landry and his LADOJ Team secure 8,000 packs of azithromycin and
another 75,000 tablets of hydroxychloroquine sulfate in addition to the 400,000
tablets of hydroxychloroquine donated last week.
AG Jeff Landry also reminds doctors and medical professionals
of legal immunity for healthcare providers acting during a public health
emergency.
BATON ROUGE, LA - At a press conference today with
Governor John Bel Edwards in Baton Rouge, Attorney General Jeff Landry
announced he and his team at the Louisiana Department of Justice have secured
additional medications for use by Louisiana patients during the COVID-19
pandemic response.
Attorney General Landry announced that Teva
Pharmaceuticals is making available 8,000 packs of azithromycin and 75,000
tablets of hydroxychloroquine sulfate. This in addition to the 400,000 tablets
of hydroxychloroquine directly donated by Amneal Pharmaceuticals last week.
"I want to caution everyone that these drugs do not
represent a silver bullet or magic solution to our COVID-19 coronovirus crisis;
however, many medical doctors have chosen to prescribe these drugs to relieve
symptoms of the virus in some patients. In some cases, this could allow the
recoveries of these patients without the use of ventilators," said Attorney
General Landry. "I wish to thank Teva Pharmaceuticals for working with us
to provide this important medication to benefit patients in Louisiana."
To treat patients infected with COVID-19, many medical
professionals have coupled the use of hydroxychloroquine with the antibiotic
azithromycin. As this medication combination has continued to show some
promising results around the world, the supply of azithromycin (also known by
brand name Zithromax) has begun shrinking. As a result, the ability of
Louisiana patients to benefit from this possible treatment was jeopardized.
This shortage highlights the importance of today's announcement.
In noting the support they are providing Louisiana
through Attorney General Landry's efforts, Teva spokesman Kelly Dougherty said,
"Teva has donated more than 10 million doses
of hydroxychloroquine sulfate tablets through wholesalers to
hospitals across the U.S. and the company is extremely pleased that the people
of Louisiana will benefit from this significant contribution. We continue to
assess additional ways to address current national need while focusing on our
commitment to continue to supply more than 10% of the nation's medicines to
patients who need them."
Because Teva is a named plaintiff in ongoing opioid
litigation by the Attorney General's Louisiana Department of Justice, not only
did the Attorney General seek the consent and counsel of the Governor; but he
also asked for his further assistance in helping secure the additional
medication.
"I want to thank the Governor for his assistance on
this issue," said Attorney General Landry.
"In this fight to reduce the number of infections
caused by the COVID-19 virus, Ochsner Health is considering all treatment
options for our patients who are so acutely ill. It is amazing that Attorney
General Landry and Governor Edwards were able to connect healthcare providers
in Louisiana with Teva Pharmaceutical Industries Ltd. to receive distribution
of hydroxychloroquine sulfate tablets. In addition, the Attorney General and
Governor were able to secure the distribution of thousands of packs of
Zithromax (azithromycin), also known as Z-Pak. Ochsner Health is very grateful
for this increased drug supply across the state, along with the ongoing help of
the Attorney General and Governor in assisting health systems in our fight
against the COVID-19 virus,” said Warner Thomas, President & CEO, Ochsner
Health.
Richard Vath, M.D., President & CEO, Franciscan
Missionaries of Our Lady Health System said, “We are pleased to learn of this
newest pharmaceutical support aiding Louisiana’s response to this unprecedented
pandemic. On behalf of everyone caring for our patients with COVID-19, we are
deeply appreciative.”
Last week, Attorney General Landry announced the donation of 400,000 tablets of hydroxychloroquine from Amneal Pharmaceuticals.
Today, the Attorney General is announcing that this
medication, through the hard work of pharmaceutical distributor Morris &
Dickson of Shreveport, has already been delivered to nearly 100 locations
around the State. That includes all major metropolitan areas: Alexandria, Baton
Rouge, Lafayette, Lake Charles, Monroe, New Orleans, and Shreveport. Large
cities and smaller towns and communities, including those down the Bayou, have
received this medication now.
These medications are timely for the LSU Medical School
who received approval for a clinical study to determine whether
hydroxychloroquine is an effective treatment against COVID-19. Their clinical
studies include two parts. Part one is the treatment of patients infected by
the COVID-19 virus and part two is to determine if it can help inoculate our
first-line medical providers.
Doctor Steve Nelson, Dean of LSU School of Medicine,
said, "I sincerely appreciate the efforts of Attorney General Jeff Landry
and State Senator Fred Mills working with Amneal to bring this donation to the
citizens of Louisiana. This donation will allow us to conduct clinical trials
examining how hydroxychloroquine may help clear the virus from the lungs of
infected patients and to potentially help shield healthcare workers who are on
the front lines treating patients."
Should any doctor prescribe hydroxychloroquine and
azithromycin to patients in Louisiana, in connection with the current COVID-19
pandemic and in accordance with the FDA's clinical approval, the doctor's
actions would likely fall within a legal immunity statute here in Louisiana.
Louisiana state statute R.S. 29:771(B)(2)(c) provides
legal immunity for health care providers acting during a public health care
emergency, against civil claims concerning the death of, or injury to, a
person, or damage to property, except in the event of gross negligence or
willful misconduct. If the doctor is a state-qualified health care provider,
such as an LSU doctor, that doctor may also be entitled to state immunity under
R.S. 29:771(B)(1).
The Attorney General notes that these immunities would
only apply to state law claims, such as medical malpractice, products
liability, and general negligence claims. While state law cannot create an
immunity against potential federal law claims, such as a federal constitutional
claim of medical deliberate indifference, it is important for our health care
workers to know some of these issues have already been addressed in law here in
Louisiana.
“As an attorney - I would just note, and our staff team
of attorneys at the Louisiana Department of Justice would note, that the facts
and circumstances surrounding an incident will always determine whether an
individual is entitled to any immunity. Obviously, we trust and expect our
doctors and health care providers to utilize their best judgment and practice
good medicine. We all know and trust they are doing their very best during
these trying times,” added Attorney General Landry. “I will continue to do what
I can to assist our State’s efforts to fight this pandemic in Louisiana.
Working together we will win and beat this Coronavirus."