In a recent legal development, federal judges have permitted a group of doctors to continue their lawsuit against the Food and Drug Administration (FDA) regarding the use of ivermectin.
On Monday, an appeals court overturned the ruling of a federal judge, who had blocked the team of physicians from moving forward with their case.
At the heart is the FDA’s reliance on administrators rather than physicians in establishing practices and guidelines regarding the medical treatment.
One of the main points is whether or not the government has the authority to order a physician not to prescribe ivermectin and other approved drugs to battle COVID.
The lack of peer-reviewed studies regarding vaccine efficacy and safety are peripheral elements of the case.
On Monday, the panel of appeals court judges sided with the physicians, in effect, ruling that government administrators should not bypass recommendations from physicians when making medical decisions.
The team of doctors that brought forward the suit is suing the Department of Health and Human Services, the FDA, HHS Secretary Xavier Becerra and FDA Commissioner Robert Califf are also named in the suit.
The suit claims the physician’s practices and reputations were harmed due to the FDA’s guidelines and restrictions regarding ivermectin.
Appeals Court Judge Don Willett drafted the ruling:
“FDA is not a physician. It has authority to inform, announce, and apprise — but not to endorse, denounce, or advise,” wrote Willett. “The Doctors have plausibly alleged that FDA’s Posts fell on the wrong side of the line between telling about and telling to.”
The Daily Wire reported that the ruling also noted how many mainline media sites amplified the government’s narrative regarding COVID-19 protocol and treatment.
“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,” Willett said.
““Even tweet-sized doses of personalized medical advice are beyond FDA’s statutory authority,” the ruling said.
Dr. Mary Talley Bowden, who was suspended from Houston Methodist Hospital for opposing vaccine mandates and advocating the use of ivermectin, was one of the physicians bringing forward the suit. Bowden wrote:
“A small win, or at least a step forward, in a monumental battle to protect the doctor-patient relationship from government tyranny. ONWARD!”
The case underscores broader discussions surrounding the FDA’s handling of the COVID-19 crisis. It points to a potential pattern of the FDA sidestepping conventional protocols in the face of the global pandemic.
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