“This is not the first time medical judgments about allocation of scarce resources have been made in the face of competing needs,” the court wrote. “While such decisions are doubtless exceedingly difficult, they nevertheless must be made.”
“In this case, the charter does not apply to the (doctors’) exercise of clinical judgments in formulating pre-conditions to organ transplant, including requiring vaccination against COVID-19 in the wake of the pandemic.”
“We are not persuaded this court can, or ought to, interfere with generalized medical judgments or individualized clinical assessments involving Ms. Lewis’ standard of care,” it concluded. “While Ms Lewis has the right to refuse to be vaccinated against COVID-19, the charter cannot remediate the consequences of her choice.”