Virginia hospital denies unvaccinated patient spot on 'active' kidney transplant list

A man seeking a kidney that could save his life is claiming that he has been denied a place on the active transplant list because of his COVID-19 vaccination status.

Shamgar Connors, 42, is a husband and father of two. He and his wife, a nurse, decided against taking the COVID-19 vaccine after the entire family suffered through the disease last year. However, a doctor at University of Virginia (UVA) Hospital allegedly told him that despite his prior COVID-19 infection, his unvaccinated status will not allow him an "active" spot on the list for a life-saving kidney transplant.

"Art said you're not interested in the COVID vaccine," UVA Hospital's Dr. Karen Warburton said to Connors, according to a recording of the call obtained by Fox News Digital. "So, it is a requirement for you to be active." 

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According to the UVA Hospital website, Dr. Warburton is an associate professor with an American Board of Medical Specialties (ABMS) certification in nephrology, a specialization of internal medicine focused on the kidneys. Her clinical practice is centered on pancreas and kidney transplants.

"I just had COVID, so I don't -- so why would I get the vaccine?" Connors responded on the phone. However, the hospital did not budge, according to Connors.

"You may have had delta, and that may not protect you against the omicron variant, which is what we're seeing now," Dr. Warburton continued on the recording from Jan. 6. "So, our policy is that in order to have people active on the transplant list and get a transplant, you need to be fully vaccinated."

Connors told Fox News Digital he has been diagnosed with Stage 5 focal segmental glomerulosclerosis (FSGS) – a rare and dangerous condition, though he currently is "at clearance," or managing to maintain a sustainable use of his scarred and irreparably damaged kidney. However, due to lack of a cure, the disease is terminal.

"FSGS is a disease in which scar tissue develops on the glomeruli, the small parts of the kidneys that filter waste from the blood. FSGS can be caused by a variety of conditions," according to the Mayo Clinic. "FSGS is a serious condition that can lead to kidney failure, which can only be treated with dialysis or kidney transplant. Treatment options for FSGS depend on the type you have."

Without a transplant, Connors's kidney will eventually fail in the long term. However, he won't be eligible for a transplant until he is made active on the list.

"So you're on the list, you're just not in an active status right now as we tie up all these other loose ends. So in order to be activated on the list, you will need to get the vaccine," the Dr. Warburton warned Connors in the recording of the call.

"Are you willing to do it?" she asked on the phone, followed by a pause. When Connors didn't respond, Dr. Warburton continued, "OK, so you don't want to move forward?"

"I'd rather die of kidney failure," Connors answered.

"OK, so this may be a crossroads that your, um, at your evaluation, because I don't –  that's not – there's not going to be any exception to that. The science is pretty clear on the vaccine, and we have seen so many people die from COVID that we are requiring it."

Connors told Dr. Warburton that he "can show [her] a bunch of reports" documenting '"all sorts of problems," associated with the coronavirus vaccine, but was told that his concerns were not enough to be exempt.

According to the recording, Dr. Warburton went on to give Connors two options – either stay inactive on the transplant list and pray that something changes, or close out the evaluation and live with his failing kidney.

"So, what is your wish at this point? Do you want to stay inactive on the list, and see what shakes out?" Dr. Warburton asked. "Or do you want to just have us close your evaluation, or what's your preference?"

Connors answered that he would remain inactive on the list.

"I was technically on the transplant list for three years," Connors claims. "I was inactive on the transplant list until I started dialysis, then I became active – so that was two years ago."

Connors said he's had kidney trouble almost his entire life. He has been vaccinated against a variety of diseases and said he has no objection to vaccination as a concept. He explained to Fox News Digital that the family's two sons are both vaccinated with the standard inoculations, but the COVID-19 vaccine's new technology, occasional adverse reactions and ongoing development of the vaccine through boosters made the parents uncomfortable.

Fox News Digital contacted UVA Health for comment repeatedly, but the hospital would not confirm nor deny vaccination as a requirement for transplants, saying that each candidate is evaluated on a "wide range" of variables to decide is someone seeking aid is "a good candidate."

"Unfortunately, the need for transplants far exceeds the availability of donated organs – at any given time, tens of thousands of Americans are on a transplant waiting list. Because of that shortage, every transplant center carefully evaluates every potential recipient based on a wide range of factors to ensure they are a good candidate for transplant surgery," Eric Swenson, spokesperson for UVA Health told Fox News Digital on Friday. 

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Swenson offered factors that could inspire a doctor to deny a candidate their needed transplant, including management of health and unrelated terminal illnesses.

"For example, patients may not be a candidate for a transplant if they have another life-threatening disease or condition that would not improve with a transplant," Swenson said. "Transplant teams also evaluate a patient’s ability to manage their health and follow their care team’s instructions both before and after their transplant."

"UVA Health is in the process of updating its evaluation criteria to address COVID-19 vaccination status as part of the individualized assessment we complete with respect to each transplant candidate," Swenson added.

Asked for clarification on if the vaccine is now a universal requirement to get a transplant at UVA, Swenson declined to comment. He similarly declined to explain if booster shots were required, along with other details of the transplant denial procedure.

"You have our reply. Have a nice evening," UVA replied to all follow-up questions by Fox News Digital.

After his call with Dr. Warburton, Connors said he then tried to file a religious exemption – crafted with the help of the couple's friend, a pastor – to UVA, but it was not accepted. 

Additionally, a religious exemption request was denied by his wife's previous employer, where she worked as a nurse. She left that job due to noncompliance with vaccination mandates and has since continued working as a nurse at a different hospital, Connors told Fox News Digital.

The couple said they were contacted by attorney Kirk McKenzie, who is allegedly gathering similar cases for a lawsuit.

The family has also reached out to their local Rep. Rob Wittman, whose office confirmed they received the explanation of his circumstances.

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"I'm not gonna let this depress me. I'm gonna fight this," Connors told Fox News Digital.

Connors said that he has been offered a kidney from multiple people – some of them strangers – but he refuses to take a donation until the current vaccine mandate on transplants is lifted, telling Fox News Digital that he will not be forced into taking the vaccine against his will, even at the cost of his own life.

When he received the news that he was off the active list, Connors recalled he told his wife, "God's gonna take this and use it for good."