Doctors Take FDA to Court for Interfering in COVID-19 Treatment

The Association of American Physicians and Surgeons (AAPS) is fighting to move forward on a lawsuit it filed against the U.S. Food and Drug Administration (FDA) for allegedly misleading the public on ivermectin and interfering with the practice of medicine and COVID-19 treatment.

The FDA filed a motion to dismiss the AAPS lawsuit, Apter et al. v. Department of Health and Human Services, in the U.S. District Court for the Southern District of Texas. On September 29, the AAPS filed a motion and an amicus brief asking the court to allow the suit to proceed

“Defendant FDA has improperly exploited misunderstandings about the legality and prevalence of off-label uses of medication in order to mislead courts, state medical boards, and the public into thinking there is anything improper about off-label prescribing,” wrote the AAPS in the amicus brief. “Not only is off-label prescribing fully proper, legal, and commonplace, but it is also absolutely necessary in order to give effective care to patients.”

Statements by the FDA gave the impression ivermectin should not be used to treat COVID-19, says the AAPS.

“It has never been proper for the FDA to interfere with that essential part of the practice of medicine,” wrote the AAPS.

The FDA filed a reply to the motion and amicus brief on October 21, restating arguments it made earlier to dismiss the case: the AAPS has no standing, has not demonstrated the FDA acted without authority, and failed to complain about the statements to the agency before going to court.

“For the foregoing reasons, and those stated in Defendants’ motion, the Amended Complaint should be dismissed for lack of subject matter jurisdiction or, in the alternative, for failure to state a claim,” stated the reply.

The AAPS is seeking a declaratory judgment the FDA violated federal law.

—Staff reports

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