FDA Launches Fresh Bid to Toss Out High-Profile Ivermectin Case

 The FDA in a sealed motion asked the U.S. District Court for the Southern District of Texas to dismiss the suit, which was brought by three doctors who allege the FDA's warnings were illegal.

"The FDA exceeded its authority by repeatedly issuing public directives not to use ivermectin for COVID-19, even though the drug remains fully approved for human use," they wrote.

According to lawyers for the doctors, the FDA's motion includes the argument that the plaintiffs haven't suffered injuries that are traceable to the FDA and that can't be remedied by a ruling in favor of the plaintiffs.

"Plaintiffs have suffered interference with their practice of medicine and the doctor-patient relationship, economic harm, reputational harm, and increased exposure to malpractice liability, and have been subject to disciplinary proceedings and forced resignations, all of which clearly trace to the FDA's campaign against ivermectin and would be remedied by equitable relief." The Federal Food, Drug, and Cosmetic Act enables the FDA to authorize or approve drugs for a specific use, but doctors are free to prescribe cleared drugs for other purposes, in what's known as "Off-label" prescribing.

The FDA's position in seeking a dismissal stems in part from the negative actions against the plaintiffs being taken by third parties such as pharmacies, according to a description of the sealed motion.

An exhibit included by the FDA showed that one of the referrals came from a pharmacist who cited FDA documents as a reason for "Increased scrutiny" with regard to ivermectin prescriptions.

The pharmacist wrote that Dr. Apter wouldn't provide a "Valid medical reason" for the ivermectin prescription and was thus engaging in "Inappropriate prescribing." "The FDA is the common thread through all of [the] plaintiffs' injuries, which began only after the FDA embarked on its campaign to stop the use of ivermectin for COVID-19 and which often involve explicit invocation of the FDA's directives and recommendations," the plaintiffs' lawyers said.

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