Three healthcare organizations and a patient have filed a lawsuit against Michigan Gov. Gretchen Whitmer, seeking to end the emergency order in the state which has prohibited medical services deemed nonessential, according to The Detroit News.
The plaintiffs include Grand Health Partners in Grand Rapids, Mich., Wellston (Mich.) Medical Center, Primary Health Services in Ludington, Mich., and Jeffery Gulick, a resident of Owosso, Mich. They claim that "medical providers are on the brink of financial ruin," due to the order forcing providers to postpone or cancel medical procedures deemed nonessential.
The governor's initial stay-at-home order prohibited all elective surgery, including any bariatric surgery and joint replacement surgery services, but the latest version of the order allows people to receive medical treatment "necessary to address a medical emergency" or to preserve health and safety, MLive reports.
"The plaintiffs are suffering immeasurable and irreparable harm from the governor's executive orders," the lawsuit states. "Plaintiffs who are healthcare providers are unable to provide preventive medical care to their patients. Patients, one of whom is also a plaintiff in this action,
are unable to receive the care they need."
The suit states that there are several cases where a patient's condition has worsened while waiting for these medical procedures to be reinstated. It claims that the orders are unconstitutionally vague and violate due process rights.
The suit also challenges the legality of the governor's extension of the state of emergency declaration beyond April 30 without the approval of the legislature, The Detroit News reports.
The plaintiffs argue that the "the goal of flattening the curve has been achieved," and they are asking the judge to allow the healthcare organizations to continue normal business operations and allow Mr. Gulick to receive a knee replacement he is seeking. The suit is also seeking a preliminary and permanent injunction of executive orders prohibiting elective and nonessential procedures.
The lawsuit brought against Ms. Whitmer, Attorney General Dana Nessel and state Department of Health and Human Services Director Robert Gordon was filed in the Western District of Michigan federal court by the Mackinac Center for Public Policy on behalf of the plaintiffs, The Detroit News reports.
In response to a request for comment, the governor's office told Becker's via email: "It's our practice not to comment on pending litigation."