Dr. Mary Talley Bowden, Dr. Robert Apter and Dr. Paul Marik filed a 37-page complaint in the U.S. District Court of Southern Texas on June 2. The FDA and HHS, alongside FDA Commissioner Dr. Robert Califf and HHS Secretary Xavier Becerra, were named as defendants in the complaint. The three doctors outlined five counts against the defendants.
The first count sought relief for "ultra vires" acts – actions taken beyond statutory authority – committed by the FDA. The plaintiffs accused the regulator of violating a U.S. Code that prohibits it from interfering "with the authority of a health care practitioner to prescribe or administer any legally marketed device to a patient for any condition or disease within a legitimate health care practitioner-patient relationship."
The second count alleged that the FDA violated the Administrative Procedures Act (APA) by "arbitrarily and capriciously" taking inconsistent positions regarding the effectiveness of ivermectin against COVID-19. These stances purportedly "demonized the drug in the court of public opinion."
The third count also outlined another APA violation by "not only limiting and essentially barring off-label use of ivermectin" as a COVID-19 treatment, but also "providing de-facto medical advice to patients"
The fourth count accused the FDA of violating the Federal Food, Drug and Cosmetic Act through its interference with doctor-patient relationship and its ongoing, childish attacks against ivermectin.
The fifth count sought declaratory judgments and injunctive relief to stop all of the foregoing illegal actions by the two agencies named as defendants.
The government now has a deadline of 60 days – Aug. 4, 2022 – after the service of the summons to respond to the complaint.
Incidentally, two of the plaintiffs in the June 2 complaint are connected to the Front Line COVID-19 Critical Care Alliance (FLCCC), which advocates for the use of ivermectin as a safe and effective cure for SARS-CoV-2 infection.
Bowden – an ear, nose and throat (ENT) doctor – serves as an advisor to the group, while Marik – a pulmonary and critical care specialist – serves as the group's chairman.
Prior to the June 2 complaint, Bowden had been involved in a lawsuit against Houston Methodist over COVID-19 vaccine mandates. It was the first medical facility that mandated COVID-19 shots for health workers as a condition of continued employment.
The hospital system had earlier dismissed several employees for refusing to comply with the edict, with some suing it for wrongful termination. A Texas federal judge unfortunately dismissed the case, and the Fifth Circuit Court of Appeals affirmed the dismissal.
The ENT doctor first joined the staff of Houston Methodist sometime in late 2020 or early 2021. Her espousal of ivermectin, alongside opposition to vaccine mandates, eventually led to her November 2021 tweet announcing that she will no longer see vaccinated patients.
"Going forward, I will not accept any patients who have been vaccinated. I will continue to see established patients [who] have had the vaccine, but all new patients have to be unvaccinated," she tweeted.
A week after posting her tweet, Bowden was suspended by the hospital system on Nov. 12 for "spreading dangerous misinformation" about the vaccines and the effectiveness of ivermectin. But the suspension was rendered moot as she handed in her resignation letter on that same day. (Related: Houston Methodist Hospital suspends doctor who advocated use of ivermectin to treat COVID patients.)
Visit MedicalTyranny.com for more stories about the persecution of doctors that use ivermectin against COVID-19.
Watch Dr. Mary Talley Bowden below talking about her suspension from Houston Methodist at the Defeat the Mandates rally back in January 2022.
This video is from the Raise your consciousness channel on Brighteon.com.