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U.S. Lawyers Reiterate Claim Ivermectin was never prohibited for treating COVID-19.
Attorneys restate claim that FDA merely advised doctors against IVM for dying patients, but did NOT prohibit it. Cry havoc and let slip the plaintiffs' attorneys!
Last November, I wrote the following post:
The Epoch Times recently reported an astonishing statement by a U.S. government lawyer in a federal court in Texas, where the FDA is being sued by Dr. Paul Marik of Virginia, Dr. Mary Bowden of Texas, and Dr. Robert Apter of Arizona. The three plaintiffs claim the FDA illegally prohibited them from prescribing the drug to their patients. At a November 1 hearing, U.S. lawyer Isaac Belfer argued for the defendant:
The cited statements were not directives. They were not mandatory. They were recommendations. They said what parties should do. They said, for example, why you should not take ivermectin to treat COVID-19. They did not say you may not do it, you must not do it. They did not say it’s prohibited or it’s unlawful. They also did not say that doctors may not prescribe ivermectin.”
If Belfer’s assertion is true, it raises a very urgent question: On what legal grounds did hospitals all over the United States refuse to administer ivermectin to severely ill COVID-19 patients, even when patients and their family members begged for the drug to be administered?
If ivermectin was not prohibited by the FDA or any other U.S. medical authority for treating COVID-19, why did Dr. Paul Marik’s hospital prohibit him from administering the drug to his dying patients? Why was Dr. Mary Bowden reported to the Texas Medical Board for disciplinary action when she prescribed it? Why did many pharmacists fear losing their licenses if they filled ivermectin prescriptions for treating COVID-19?
In our book, The Courage to Face COVID-19: Preventing Hospitalization and Death While Battling the Bio-Pharmaceutical Complex, Dr. McCullough and I document numerous instances of hospitals flatly refusing to grant the wishes of dying patients and their family members for ivermectin.
All these patients asked for was to be allowed to try the drug (FDA-approved for River Blindness, Elephantiasis, and Scabies) for COVID-19. The patients and their kin gladly indemnified the hospitals and arranged to have their independent primary care doctors deliver and administer the drug. Nevertheless:
Hospital administrators absolutely refused to grant this wish.
Hospital attorneys fought tooth and nail against using ivermectin to treat COVID-19 patients, doing everything in their power to challenge patient lawsuits and appeal court orders to administer the drug.
Even when hospital doctors acknowledged that the patients were dying, they insisted it was better to let the disease take its natural course rather than allow patients to try ivermectin.
Even when patients’ families succeeded in getting a court orders to administer the drug, many hospitals still refused, even at the risk of being held in contempt of court.
Several readers have told us that our chapters covering this shameful scandal— Chapters 38: Begging for the Wonder Drug and Chapter 40: Graduating into Eternity—are horrifying beyond belief.
Now we hear U.S. government lawyers arguing in court that the FDA never prohibited using ivermectin to treat COVID-19 patients, but merely recommended not using it. This indicates that hospitals had no legal grounds for denying sick patients a drug that could have helped them. How is withholding medicine from a sick man any different from withholding a life ring from a man who has fallen overboard in high seas?
For families who watched their loved ones slip away after being denied the right to try ivermectin, U.S. attorney Isaac Belfer’s statement may be interpreted as declaring open season for lawsuits against hospital administrators and doctors.
After I wrote the above post, I exchanged an e-mail with Dr. Marik in which he expressed profound discouragement about U.S. Judge Jeffrey Vincent Brown’s granting of the government’s Motion to Dismiss the case on the grounds of sovereign immunity.
Nevertheless, Dr. Marik and his co-plaintiffs, Robert L. Apter and Mary Talley Bowden, appealed the dismissal and are now being heard before a three-judge panel of the 5th U.S. Circuit Court of Appeals.
Once again, attorneys for the U.S. government are in the hot seat about their mendacious claims about the FDA’s directive to doctors and hospitals against prescribing or administering Ivermectin, either to outpatients or to patients dying in hospital.
Instead of acknowledging the obvious reality that the FDA did indeed DIRECT doctors and hospitals against administering Ivermectin, U.S. attorneys continue to insist that the FDA’s communiques were mere advice.
This preposterous argument not only overlooks the plain language of the FDA’s communiques, it also overlooks the salient fact that numerous doctors (like Paul Marik) were fired from their jobs for administering ivermectin to their dying patients, and the fact that many State Medical Boards revoked doctors’ licenses for doing the same. If these punitive actions taken against doctors were NOT based on the FDA’s directives, on what grounds were they taken?
The 5th Circuit panel seemed skeptical of Civil Division Appellate Attorney Ashley Honold's argument that the FDA's "informational statements" against ivermectin, including its conflation of human and animal dosages, were "merely quips" about reported problems after "self-medicating" rather than "prohibit[ing] anyone" from using ivermectin.
Judge Jennifer Walker Elrod cited the phrase "Stop it" in the agency's viral "You are not a horse" post on X, then known as Twitter. "If you were in English class, they would say that was a command. … That is different than 'we're providing helpful information,'" she told Honold.
Readers of this Substack will probably agree with my sentiment that enough is enough of lying and obfuscating U.S. government agency officials and their mercenary lawyers. It’s time for the grown-up, reasonable citizenry of this country to join Marik, Bowden, et al. in suing the pants off the FDA and other U.S. agencies against whom there is a preponderance of evidence that they have unlawfully interfered with the doctor-patient relationship and committed negligent homicide, fraud, and concealment.
Cry havoc and let slip the plaintiffs’ attorneys! Sue the FDA; sue doctors and hospital administrators; and sue the medical boards. Let them pay for the damages they have inflicted on the families of patients who were denied ivermectin until their last breaths. Let them pay for the massive damage and distress they have caused for courageous doctors like Paul Marik and his colleagues who tried to help their patients.