UNITED STATES NEWS

Court revives doctors’ lawsuit saying FDA overstepped its authority with anti-ivermectin campaign

Sep 1, 2023, 4:24 PM | Updated: 4:30 pm

NEW ORLEANS (AP) — A federal appeals court Friday revived a lawsuit by three doctors who say the Food and Drug Administration overstepped its authority in a campaign against treating COVID-19 with the anti-parasite drug ivermectin.

Ivermectin is commonly used to treat parasites in livestock. It can also be prescribed for humans and it has been championed by some conservatives as a treatment for COVID-19. The FDA has not approved ivermectin as a COVID-19 treatment because studies have not proven it is effective.

The agency did not immediately respond to requests for comment.

Friday’s ruling from a panel of three judges on the 5th U.S. Circuit Court of Appeal in New Orleans focused on various aspects of an FDA campaign against ivermectin as a COVID-19 treatment.

The ruling acknowledged FDA’s receiving reports of some people requiring hospitalization after self-medicating with ivermectin intended for livestock. But the ruling said the campaign — which at times featured the slogan “You are not a horse!” — too often left out that the drug is sometimes prescribed for humans.

The doctors can proceed with their lawsuit contending that the FDA’s campaign exceeded the agency’s authority under federal law, the ruling said.

“FDA is not a physician. It has authority to inform, announce, and apprise—but not to endorse, denounce, or advise,” Judge Don Willett wrote for a panel that also included Jennifer Walker Elrod and Edith Brown Clement. “The Doctors have plausibly alleged that FDA’s Posts fell on the wrong side of the line between telling about and telling to.”

Drs. Robert L. Apter, Mary Talley Bowden and Paul E. Marik filed the lawsuit last year. All three said their reputations were harmed by the FDA campaign. Bowden lost admitting privileges at a Texas hospital, the ruling noted. Marik alleged he lost his positions at a medical school and at a hospital for promoting the use of ivermectin.

The lawsuit was dismissed in December by U.S. District Judge Jeffrey Vincent Brown, who ruled that the complaints didn’t overcome the FDA’s “sovereign immunity,” a concept that protects government entities from many civil lawsuits regarding their responsibilities. The appellate panel said the FDA’s alleged overstepping of its authority opened the door for the lawsuit.

Willett was nominated to the 5th Circuit by former President Donald Trump; Clement and Elrod, by former President George W. Bush. Brown was nominated to the district court bench by Trump.

United States News

A phone holder hangs in a classroom at Delta High School, Friday, Feb. 23, 2024, in Delta, Utah. At...

Associated Press

Phones are distracting students in class. More states are pressing schools to ban them

SAN FRANCISCO (AP) — In California, a high school teacher complains that students watch Netflix on their phones during class. In Maryland, a chemistry teacher says students use gambling apps to place bets during the school day. Around the country, educators say students routinely send Snapchat messages in class, listen to music and shop online, […]

1 hour ago

Mack Allen, of Leavenworth, Kan., speaks with friends and family following a rally for LGBTQ youth ...

Associated Press

By defining sex, some states are denying transgender people of legal recognition

TOPEKA, Kan. (AP) — Mack Allen, an 18-year-old high school senior from Kansas, braces for sideways glances, questioning looks and snide comments whenever he has to hand over his driver’s license, which still identifies him as female. They’ve come from a police officer responding to a car accident. They’ve come from an urgent care employee […]

2 hours ago

FILE - This combo image shows President Joe Biden, left, Jan. 5, 2024, and Republican presidential ...

Associated Press

Biden and Trump will face tests in Michigan’s primaries that could inform a November rematch

WASHINGTON (AP) — While Joe Biden and Donald Trump are marching toward their respective presidential nominations, Michigan’s primary on Tuesday could reveal significant political perils for both of them. Trump, despite his undoubted dominance of the Republican contests this year, is facing a bloc of stubbornly persistent GOP voters who favor his lone remaining rival, […]

2 hours ago

CORRECTION: REMOVES REFERENCE ABOUT OWNERSHIP OF GUN - Special prosecutor Kari Morrissey shows defe...

Associated Press

Witness at trial recounts fatal shooting of cinematographer by Alec Baldwin

SANTA FE, N.M. (AP) — Testimony at trial Monday turned emotional and argumentative as an eyewitness recounted the fatal 2021 shooting of a cinematographer by actor Alec Baldwin during a movie rehearsal and described gun misfires, crew members walking out and a “ludicrous” pace of work. Hannah Gutierrez-Reed, who was the armorer for the upcoming […]

3 hours ago

Associated Press

Music producer latest to accuse Sean ‘Diddy’ Combs of sexual misconduct

NEW YORK (AP) — Sean “Diddy” Combs was sued Monday by a music producer who accused the hip-hop mogul of sexually assaulting him and forcing him to have sex with prostitutes. The suit, filed in federal court in New York, accuses Combs of repeated instances of unsolicited groping and sexual touching. It also says the […]

3 hours ago

Associated Press

Effort to have guardian appointed for Houston Texans owner dropped after son ends lawsuit

HOUSTON (AP) — A lawsuit filed by one of the sons of the owner of the Houston Texans that had sought to have her declared incapacitated and have a guardian appointed for her was dropped on Monday. Robert Cary McNair Jr. had filed his application for appointment of a guardian for Janice McNair, 87, in […]

4 hours ago

Sponsored Articles

...

Day & Night Air Conditioning, Heating and Plumbing

Day & Night is looking for the oldest AC in the Valley

Does your air conditioner make weird noises or a burning smell when it starts? If so, you may be due for an AC unit replacement.

...

Collins Comfort Masters

Avoid a potential emergency and get your home’s heating and furnace safety checked

With the weather getting colder throughout the Valley, the best time to make sure your heating is all up to date is now. 

...

Sanderson Ford

The best ways to honor our heroes on Veterans Day and give back to the community

Veterans Day is fast approaching and there's no better way to support our veterans than to donate to the Military Assistance Mission.

Court revives doctors’ lawsuit saying FDA overstepped its authority with anti-ivermectin campaign