New Hampshire hospital illegally denies lifesaving treatment over COVID-19 vaccination status

Dartmouth Hitchcock Medical Center (DHMC) in Lebanon, New Hampshire is denying a patient a kidney transplant because she did not receive the second COVID-19 shot.

Shannon Buttermore has been battling kidney issues since she was six due to a rare condition. Now, at 42, her kidneys are functioning at just 12% and she needs a transplant.

However, Buttermore says DHMC is refusing to perform the transplant procedures because she is not fully vaccinated with the mRNA injections. The refusal violates Section 151:21 of the New Hampshire Patients’ Bill of Rights, which states that a “patient shall not be denied admission, care, or services based solely on the patient's vaccination status.” On its website, the hospital claims to honor the Patients’ Bill of Rights.

Siri & Glimstad, the legal firm representing Buttermore, sent a demand letter to DHMC last month threatening legal action if the hospital continues to deny the transplant based on vaccination status.

“DHMC’s denial of organ transplant services to [Buttermore], based on her refusal to receive the COVID-19 vaccination, is clearly in violation of state law. As such, we strongly encourage you to reconsider your position regarding kidney transplant. If DHMC refuses, [Buttermore] is prepared to pursue any and all legal recourse available to her."

According to the letter, the hospital also requires Buttermore to take the shingles vaccine and two rounds of hepatitis B shots. Buttermore said she is willing to receive those but refuses to take more doses of the COVID-19 mRNA vaccine.

It is so far unclear whether DHMC will back down. “We’ve sent demand letters but they’ve gotten us nowhere,” Buttermore told the NH Journal on Monday. “I don’t understand how a hospital can just ignore state law,” she added.

Response from lawmakers

The story caught the attention of state lawmakers who are monitoring the situation. Last week, New Hampshire House Speaker Sherman Packard (R-Londonderry) sent a letter to DHMC President and CEO Dr. Joanne Conroy demanding the revocation of the hospital’s policy.

“While we understand the need to address complex issues surrounding COVID-19 and other potential illnesses, DHMC must comply with state law,” Packard wrote. “We, therefore, see no justifiable reason for any further delay in revoking a policy that directly violates this statute,” he added. “This concern will be closely monitored to ensure our citizens’ rights are protected, and that healthcare access is available to everyone regardless of vaccination status.”

New Hampshire State Rep. Lisa Mazur came out in support of Packard’s letter.

“No one should ever, ever be turned down for a life saving [sic] organ transplant because of their covid19 vaccination status,” Mazur wrote on X on Sundasy. “This insanity needs to stop now. Thank you @NHSpeaker for sending this letter. Dartmouth Hitchcock Medical Center better do an 'about face' on this issue asap.”

New Hampshire Attorney General John Formella’s office said it is also looking into the matter.