Mary C. Mayhew, Commissioner, State of Maine Department of Health and Human Services v. Kaci Hickox
Maine District Court
Docket No. CV-2014-36 (2014)
- Written by Haley Gintis, JD
Facts
In 2014, during the Ebola outbreak, Kaci Hickox (defendant) offered medical aid to infected individuals. Because Hickox came into contact with infected individuals, the commissioner of the state’s Department of Health and Human Services (the department), Mary C. Mayhew (plaintiff), filed a petition in a Maine trial court for a public-health order that would require Hickox to comply with any state directives issued to prevent the transmission of Ebola. While the petition was pending, the department requested that the court issue an order requiring Hickox to participate in the department’s Direct Active Monitoring program (the program). The department argued that Hickox’s participation was necessary to ensure the public’s safety because Ebola had an incubation period of 21 days, and therefore, a person could develop symptoms a few weeks after exposure. The department claimed that although Hickox was asymptomatic, the department had to monitor her in case she began to show symptoms and became infectious to others. To support the motion, the state introduced an affidavit from the director of the Maine Center for Disease Control and Prevention. The director explained that Hickox remained at risk for Ebola until the 21-day incubation period ended and that the best way to minimize the risk of spread was to require Hickox to participate in the program. The trial court considered the request.
Rule of Law
Issue
Holding and Reasoning (LaVerdiere, C.J.)
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