Despite a 2022 state law barring healthcare providers from withholding treatment based on an individual’s vaccination status, a Gilford, N.H., mother of three in desperate need of a kidney transplant says that’s exactly what Dartmouth Hitchcock is doing to her.
And her case has caught the attention of Speaker of the House Sherm Packard (R-Londonderry).
Shannon Buttermore told NHJournal on Monday that administrators at Dartmouth Hitchcock Medical Center (DHMC) in Lebanon are 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.
That same year, unbeknownst to Buttermore, lawmakers passed the bipartisan Patients’ Bill of Rights legislation, a measure signed into law in May 2022 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 currently receiving dialysis treatment. “I don’t understand how a hospital can just ignore state law.”
According to Buttermore and her attorneys, that’s what’s happening. On Dec. 27, attorney Michael Connett of Siri and Glimstad, LLP, sent a letter to Dartmouth Hitchcock CEO Joanne M. Conroy and other officials referencing Buttermore’s case and the state law that they believe covers it.
“DHMC’s vaccination requirement policy is in direct violation of New Hampshire law,” the letter states, adding that the medical center’s own website includes a direct link to the law. “If DHMC refuses, (Buttermore) is prepared to pursue any and all legal recourse available to her.”
Siri & Glimstad is familiar with political battles. The law firm represents Robert F. Kennedy Jr. and has been criticized in media reports as being “anti-vaxx.”
Buttermore said she’s committed to a long battle, if that’s what it takes. She’s been fighting kidney-related ailments since she was six years old. Doctors discovered a rare deformity causing waste from her bladder to be pushed into her kidneys. Various treatments ensued. By the time she turned 16, her kidneys functioned at just 10 percent.
She was placed on a transplant list and received a kidney from a deceased donor.
“In the back of my mind, I know that no matter the transplant, we are all on borrowed time,” Buttermore wrote in a 2016 blog post, 18 years after her successful transplant. “I will eventually need another life-saving transplant.”
Fast-forward eight years, and Buttermore once again needs a new kidney. But Dartmouth Hitchcock won’t perform the procedure, she said.
“We’ve sent demand letters (to Dartmouth Hitchcock) but they’ve gotten us nowhere,” she added.
Buttermore says she is not opposed to vaccines. She says she’s received all but her second COVID-19 shot.
The gridlock has prompted others to get involved. State Rep. Jim Kofalt (R-Wilton) told NHJournal he learned about Buttermore’s ordeal and reached out to Packard on her behalf.
“To me, there’s not much to discuss,” Kofalt said. “We’re just trying to get Dartmouth Hitchcock to do the right thing.”
Packard then sent a letter to Dartmouth Hitchcock demanding answers.
“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.
“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,” Packard wrote.
Kofalt pointed out the statute “passed with the overwhelming support of both chambers” and added that Packard’s letter “expressed a widely held belief among legislators that we need to take a firm stand in protecting the rights of our citizens.
“DHMC needs to reverse its policy and comply with the law immediately.”
Then there is the allegation that the hospital is violating state law. The New Hampshire Attorney General’s Office told NHJournal it is looking into the case.
“The Attorney General’s Office is aware of the issue, and we are carefully reviewing the situation and applicable law,” spokesman Michael Garrity told NHJournal.
Contacted by NHJournal Monday, a DHMC spokesperson declined to give a definitive answer about whether or not the facility is denying Buttermore care, or if it is doing so because of her vaccination status.
“We are aware of Speaker Packard’s letter to Dr. Conroy and understand the importance of the concerns raised,” the spokesperson said in a statement. “We are actively engaging in comprehensive clinical discussions regarding this matter and plan to address it thoroughly. A formal statement will be shared as soon as these discussions conclude.”
According to Kofalt, the law’s vaccine provision was addressed during public hearings by New Hampshire Hospital Association representatives, a group that includes Dartmouth Hitchcock. Former state Rep. Melissa Blasek (R-Merrimack) sponsored the Patients Bill of Rights Bill and recalled that NHHA dismissed concerns that unvaccinated patients would be turned away without a specific state statute mandating otherwise.
“They insisted that something like this had no chance of happening, that this exact scenario never happens,” Blasek told NHJournal. “An American Medical Association representative even testified that doing so would be completely unethical.”
Blasek, who was a vocal critic of COVID-19 shutdown policies, later founded Rebuild NH, a nonprofit aimed at pushing back against government overreach. She has been an active participant in Buttermore’s efforts.
Buttermore, meanwhile, told NHJournal she is also looking to apply for a transplant at Maine Medical Center, where she had her first procedure.
“My reason for staying in this fight is so that Dartmouth Hitchcock doesn’t do this to other patients,” Buttermore said. “Honestly, I’ve pushed so many buttons on this topic that I’m not sure I’d go through with a transplant at Dartmouth Hitchcock myself, even if I’m approved.
“I’ve already had such a rough experience with them. I just don’t feel confident going there anymore even if I can.”
