Physicians Sue FDA To End “Arbitrary” Restrictions On Hydroxychloroquine

“IRRATIONAL HOARDING BY GOVERNMENT IS AN ABUSE OF POWER”

justice court
(Photo by Tim Evanson/Creative Commons)

TUCSON – On Tuesday, the Association of American Physicians & Surgeons filed a lawsuit against the Food and Drug Administration to end its “arbitrary interference” with the use of hydroxychloroquine. In the lawsuit, AAPS v. FDA, the physicians allege that the FDA continues to block Americans’ access to this medication.

Hydroxychloroquine (HCQ) has been used by President Trump and other world leaders as a prophylaxis against COVID-19.

According to the doctors, two million doses of HCQ are being sent by the Trump Administration to Brazil to help medical workers there safeguard themselves against the spread of the virus. Many foreign nations, including China, India, South Korea, Costa Rica, United Arab Emirates, and Turkey, use HCQ for early treatment and prevention of COVID-19, according to AAPS.

HCQ has been approved as safe by the FDA for 65 years, and the CDC states on its website that “CDC has no limits on the use of hydroxychloroquine for the prevention of malaria.”

More than 150 million doses have been donated to the strategic national stockpile controlled by the federal government, claim the doctors, but “unjustified FDA restrictions limit its use to only hospitalized patients for whom a clinical study is unavailable. Hospitals are even returning HCQ to the stockpile because they are not able to use it effectively.”

“It is shocking that medical workers in Brazil will have access to HCQ as a prophylaxis while Americans are blocked by the FDA from accessing the same medication for the same use,” AAPS Executive Director Jane Orient, M.D. told the Arizona Daily Independent.

“There is no legal or factual basis for the FDA to limit use of HCQ,” states AAPS General Counsel Andrew Schlafly. “The FDA’s restrictions on HCQ for Americans are completely indefensible in court.”

“Entrenched, politically biased officials at the FDA should not be allowed to interfere with Americans’ right to access medication donated to the federal government for public use,” states Schlafly. “By preventing Americans’ use of HCQ as a prophylaxis, the FDA is infringing on First Amendment rights to attend religious services or participate in political events such as political conventions, town halls, and rallies in an important election year.”

“FDA Commissioner Stephen Hahn states that the FDA does not interfere with physicians’ ability to prescribe HCQ, and yet at the same time the FDA denies access by millions of Americans to 150 million doses of it in the national stockpile,” argued Schlafly. “This irrational hoarding by government is an abuse of power.”

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