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The woman who sued a New York hospital in hopes of getting her COVID-19-stricken husband treated with ivermectin has dropped her case after a judge sided with the hospital last week.

Erika Quintero-Sherry, 48, on Tuesday dismissed her January suit against Mount Sinai Hospital, which asked a judge to force the facility to give her rabbi husband Benjamin Chernyavsky the controversial drug that isn’t FDA approved as a treatment for COVID-19.

Chernyavsky was hospitalized following his Jan. 8 COVID diagnosis and eventually placed on a ventilator in a medically-induced coma.

Last week, Manhattan Supreme Court Justice Lynn Kotler denied the wife’s bid for an emergency order for the hospital to administer ivermectin following two days of hearings from Mount Sinai doctors who advised against using the drug. They said Chernyavsky likely is no longer infected with COVID-19 but rather fighting the effects the disease inflicted on his body.

“Indeed, the record reveals that if prescribed ivermectin, Mr. Chernyavsky’s condition may very well worsen,” Kotler’s decision read.


  Benjamin Chernyavsky contracted the virus last month and was eventually placed on a ventilator. Court documents Benjamin Chernyavsky contracted the virus last month and was eventually placed on a ventilator. Court documents

Quintero-Sherry said that chances of survival for the 60-year-old father of five was less than 20 percent and argued that the Manhattan hospital had nothing to lose by trying ivermectin on him.

But in a filing Tuesday, her lawyers said that their client “hereby discontinues this proceeding.”

Ralph Lorigo, Quintero-Sherry’s lawyer, explained that his client decided not to appeal the decision or pursue her lawsuit further because both options are costly and can take a long time — all while her husband’s health hangs in the balance.

“Weighing the potential and weighing the cost and the time frame – the clients made the decision not to go through the appeal,” Lorigo told The Post.


  Chernyavsky’s wife, Erika Quintero-Sherry, brought a civil case against Mount Sinai Hospital on Jan. 26, 2022. Court documents Chernyavsky’s wife, Erika Quintero-Sherry, brought a civil case against Mount Sinai Hospital on Jan. 26, 2022. Court documents

“If you are not successful at the emergency motion – you just don’t really have the time to accomplish anything,” Lorigo said, noting the low chances of survival for people who’ve been on a ventilator for more than 30 days.

A spokesperson for the hospital repeated its statement from last week saying, “Mount Sinai is committed to providing the highest quality care to all of our patients and uses evidence-based data in our clinical decision-making.

“We are pleased with the judge’s decision to sustain the decisions of our clinicians to refrain from using ivermectin for treatment of COVID-19.”

“Ivermectin has not been shown to be safe nor effective for the treatment or prevention of COVID-19, and the FDA has not authorized or approved this treatment for this use,” the statement continued.

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