SEPTEMBER 2023
Let’s Not Play Doctor
The Food and Drug Administration has the job of regulating pharmaceuticals. That does not mean it can play doctor and give medical advice. On September 1st, the Fifth U.S. Circuit Court of Appeals struck a blow against the public-health excesses of the Covid-19 pandemic and in support of the physician-patient relationship.
A district court had dismissed an action by three physicians who alleged that the FDA overstepped its authority by issuing medical advice. That lawsuit will now proceed.
The Fifth Circuit reversed the district court’s decision. The physician-plaintiffs had prescribed the human version of the antiparasitic drug Ivermectin to Covid-19 patients. The doctors claimed that six FDA informational releases-which the court dubbed the “posts” interfered with physicians “ability to exercise professional medical judgment in practicing medicine” by advising Covid-19 patients not to use ivermectin.
“If we are to guard against ignorance and remain free, it is the responsibility of every American to be informed.” Thomas Jefferson
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