QUOTE: A federal appeals court allowed three doctors to sue the FDA over a series of website and social media posts condemning ivermectin as a treatment for COVID-19. The doctors alleged the FDA exceeded its authority by offering medical advice and “that FDA’s messaging interfered with their own individual medical practice.”
The lawsuit stems from a series of FDA posts advising consumers not to take horse ivermectin but failing to acknowledge the existence of a human ivermectin formulation, including one tweet advising consumers, “Hold your horses, y’all”:
The trial court dismissed the doctors’ lawsuit after finding sovereign immunity barred their three claims. The appeals court reversed on one claim, finding plausible the argument the FDA exceeded its statutory authority by offering medical advice instead of medical information.
The firm Boyden Gray, which represents the doctors, issued a press release praising the decision: In a matter critical to stopping federal overreach into the practice of medicine, Boyden Gray PLLC welcomes a decision from the U.S. Court of Appeals for the Fifth Circuit . . . rejecting the government’s blanket assertion of sovereign immunity and allowing the case to proceed.
Dr. Robert Apter alleges he was twice referred to state medical boards for prescribing ivermectin off-label, with the referrals citing the FDA’s posts.
Dr. Apter and Dr. Mary Bowden allege pharmacies refused to fill their ivermectin prescriptions because of the FDA’s posts. Dr. Bowden claims she lost admitting privileges at a hospital after tweeting about using ivermectin to treat COVID-19.
Dr. Paul Marik, co-leader of FLCCC, alleges he lost positions at a medical school and hospital “for promoting the use of ivermectin.”
https://legalinsurrection.com/2023/09/appeals-court-doctors-can-sue-fda-for-condemning-ivermectin-as-a-covid-19-treatment-resulting-reputational-harm/
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