Federal judges have ruled that doctors can proceed with their lawsuit against the FDA over Ivermectin, despite not being physicians.
A Victory for Doctors: Appeals Court Allows Lawsuit Against FDA to Proceed
A panel of appeals court judges has made a significant ruling in favor of several doctors who are challenging the Food and Drug Administration (FDA) over its messaging on ivermectin. The lawsuit, which had been previously blocked by a federal judge, can now move forward.
The doctors filed the lawsuit against the Department of Health and Human Services and the FDA, claiming that their medical practices were harmed due to the FDA’s advice against taking ivermectin. Some doctors believe that ivermectin could be a potential treatment for COVID-19. The suit also names HHS Secretary Xavier Beccera and FDA Commissioner Robert Califf as defendants.
“FDA is not a physician. It has authority to inform, announce, and apprise — but not to endorse, denounce, or advise,” wrote Judge Don Willett for the U.S. Court of Appeals for the Fifth Circuit. “The Doctors have plausibly alleged that FDA’s Posts fell on the wrong side of the line between telling about and telling to.”
The ruling specifically referenced an FDA post that went viral, stating, “you are not a horse” in response to people using ivermectin. While the FDA has approved ivermectin for certain infections, it has cautioned against using it to treat COVID-19.
“The messaging traveled widely across legacy and online media. Left unmentioned in most of that messaging: ivermectin also comes in a human version. And while the human version is not FDA-approved to treat the coronavirus, some people were using it off-label for that purpose,” the ruling said.
The doctors involved in the lawsuit claim that the FDA’s messaging interfered with their ability to practice medicine. They argue that the FDA’s actions regarding ivermectin violate the Administrative Procedure Act (APA), which governs how administrative agencies operate.
“As such, the Doctors can use the APA to assert their ultra vires claims against the Agencies and the Officials,” the ruling stated. “Even tweet-sized doses of personalized medical advice are beyond the FDA’s statutory authority.”
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Mary Talley Bowden, one of the doctors involved in the lawsuit, expressed her joy over the ruling on social media.
“A small win, or at least a step forward, in a monumental battle to protect the doctor-patient relationship from government tyranny. ONWARD!” she wrote.
Bowden faced suspension from Houston Methodist Hospital after publicly opposing vaccine mandates and advocating for the use of ivermectin to treat COVID-19. The hospital claimed that her statements and actions were “harmful to the community.”
“Dr. Mary Bowden, who recently joined the medical staff at Houston Methodist Hospital, is using her social media accounts to express her personal and political opinions about the COVID-19 vaccine and treatments,” the hospital stated.
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