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Abstract: 

Can jail officials administer a drug without telling detainees what they are taking? Floreal-Wooten v. Helder arose after detainees at an Arkansas jail alleged that they received ivermectin as an unapproved COVID-19 treatment without being informed of the drug or its potential side effects. A federal district court allowed their substantive due process and medical-battery claims to proceed, finding that patients who did not know they were receiving ivermectin could not meaningfully consent or refuse treatment. The court also rejected qualified immunity, concluding that the right to bodily integrity and informed consent was clearly established. The case ultimately settled for $10,000, but underscores fundamental constitutional limits on correctional medical treatment.

Keywords: Informed Consent; Ivermectin; Bodily Integrity; Correctional Healthcare; Qualified Immunity; Medical Battery

Affiliations:  1: University of Michigan Law School.