Late Friday, the Fifth Circuit Court of Appeals reversed a lower court’s ruling that “sovereign immunity” protects the Food and Drug Administration (FDA) from any wrongdoing or harm in telling the public to stop taking ivermectin, a safe, well-studied, and proven drug for the prevention and treatment of COVID-19.
In their opinion, Judges Clement, Elrod, and Willett state, “The FDA argues that the Twitter posts are ‘informational statements’ that cannot qualify as rules because they ‘do not ‘direct’ consumers, or anyone else, to do or refrain from doing anything.’ We are not convinced.”

The lawsuit, Apter et al v. Dep’t. of Health and Human Services et al, was brought by Robert Apter, MD, Mary Talley Bowden, MD and FLCCC co-founder, Paul E. Marik, MD and first filed in the U.S. District Court on June 2, 2022. The case—which stated that the FDA acted outside of its authority and illegally interfered with the doctors’ ability to practice medicine with an aggressive effort to stop the prescribing of ivermectin for the prevention and treatment of COVID-19 — was later dismissed by the court citing that the FDA had “sovereign immunity.”

The Court’s reversal yesterday was issued with the ruling, which said “FDA is not a physician. It has authority to inform, announce, and apprise—but not to endorse, denounce, or advise.”

“We are very pleased with this development and extremely proud of our colleagues for taking a stand against a government health agency that is clearly overstepping its authority,” said Pierre Kory, M.D., M.P.A., president and chief medical officer of the FLCCC. “The FDA’s campaign against ivermectin continues to be used as an excuse by hospitals to deny access to a lifesaving treatment and weaponized by medical boards to threaten the licenses of doctors who stray from the mainstream to prescribe a drug that has been proven in controlled trials to safely treat hundreds of thousands of patients around the world.”

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.

Read the FLCCC’s full statement HERE.

Watch Dr. Mobeen Syed’s review of the main points in the judges’ decision HERE.

The Fifth Circuit Court’s ruling can be found HERE.

The FLCCC filed its amicus brief in support of the lawsuit in February of this year. A copy of the brief can be found HERE.

With COVID-19 cases rising again, President Biden is recommending new vaccines. Plus, masking is making a comeback despite an NIH study that found prolonged use of N95 masks exposes users to harmful chemicals.

FLCCC is steadfast in its advocacy against these measures. COVID is a highly preventable and treatable condition, while the potential risk of adverse vaccine events is significant. Will we be censored on social media for raising these concerns?

Writing in RealClearPolicyDr. Pierre Kory discusses our experience with relentless censorship in the last few years across mainstream media, communications, and marketing channels.

“Mainstream newswire services have refused to distribute my organization’s press releases — even when we are trying to share peer-reviewed medical journal articles and firsthand clinical data that can help patients and inform medical policy,” said Dr. Kory. “By preventing the free exchange of ideas among physician-led advocacy groups sharing firsthand treatment experience, censorship is destroying the potential for medical innovation.”

Read the entire article HERE.

The FLCCC has issued a statement on President Biden’s plan to urge Americans to get COVID-19 vaccine boosters.

Our critical care physicians say that as COVID-19 cases and hospitalizations continue to rise across the United States, the public needs to know that even with the new variant, COVID-19 remains a highly preventable and treatable condition. Moreover, given the potential risk of adverse events associated with the COVID-19 vaccines, there remains no medical justification for getting vaccinated or boosted for the COVID-19 virus given the known potential risk of an adverse event.

“Our health agencies should be looking for opportunities to rebuild the public’s trust in them. Promoting a deeply flawed and dangerous vaccine is not the way to do that,” said Dr. Paul Marik, FLCCC chairman and chief scientific officer.

Read the FLCCC’s entire statement HERE.