Attorney General John Formella announced Wednesday that “Dartmouth Health has officially revised its kidney transplant policy” that barred a Gilford mother of three because she turned down a second COVID vaccination.
NHJournal first reported the story of Shannon Buttermore earlier this week. She told NHJournal administrators at Dartmouth Hitchcock Medical Center (DHMC) in Lebanon were refusing to allow her to even apply for a transplant because she declined to opt-in for a second COVID-19 vaccine shot in 2022.
On Wednesday, Formella’s office announced DHMC is changing its policy.
“This change follows the attorney general’s direction to his Consumer Protection and Antitrust Bureau to review the issue, following concerns raised by a transplant candidate about the institution’s COVID-19 vaccination requirement for kidney transplant candidates,” according to a statement.
“After reviewing the matter and engaging with Dartmouth Health, we are pleased that they have taken the steps necessary to align their policies with the rights of patients and the requirements of State law,” Formella said. “This is a positive outcome for New Hampshire residents seeking transplant care. The Attorney General’s Office will continue to prioritize consumer protection and fair practices in healthcare, ensuring that New Hampshire residents receive safe, accessible, and non-discriminatory medical treatment.”
New Hampshire legislators passed the bipartisan Patients’ Bill of Rights legislation in 2022, a measure specifying that a patient in New Hampshire “shall not be denied admission, care, or services based solely on the patient’s vaccination status.”
“I started losing kidney function in October,” said Buttermore, 42, who is facing a future of relying on dialysis treatment. “I don’t understand how a hospital can just ignore state law.”
Speaker of the House Sherm Packard (R-Londonderry) wrote to Dartmouth Health about Buttermore’s case and the hospital’s apparent dismissal of state law.
“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.”
Former state Rep. Melissa Blasek has been an outspoken advocate of Buttermore’s and she’s worked hard to publicize the case. She was a supporter of the Patients Bill of Rights and warned at the time it was needed to protect patients from situations like this.
While the attorney general’s announcement is progress, Blasek says the hospital may be cutting a deal on kidney transplants and avoiding changing its overall vaccine policy.
“If this report is accurate, then Dartmouth Hitchcock Medical Center is still flagrantly breaking the law while narrowly avoiding a lawsuit by attempting to remove Shannon Buttermore’s standing. Attorney General Formella should be ashamed of himself for enabling this unlawful behavior. New Hampshire state law applies to all vaccines, all patients, and all procedures,” Blasek said.
“DHMC is still in violation of state law and Formella should do his job.”
