Hydroxychloroquine Case Is Filed in the Sixth Circuit by AAPS

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On Monday the Association of American Physicians & Surgeons filed its Petition for Writ of Mandamus with the U.S. Court of Appeals for the Sixth Circuit on its lawsuit to end governmental interference with public access to hydroxychloroquine (HCQ). The Respondents include the Food & Drug Administration (FDA) and the Department of Health & Human Services (HHS), which have blocked access to HCQ while falsely disparaging it due to their improper political and financial motivations.

Captioned In re Association of American Physicians & Surgeons, No. 20-1743, AAPS explains to the Sixth Circuit why immediate action is necessary so that all Americans can benefit from the same prophylactic medication which President Trump successfully took to avoid contracting COVID-19.

The Deep State has improperly interfered with access to HCQ for COVID-19 in three ways, AAPS explains in its extraordinary petition. First, the FDA “accepted donations of nearly 100 million doses of HCQ to the Strategic National Stockpile for COVID-19, but have since refused to distribute the vast majority of that medication and instead is allowing it to deteriorate such that it will be wastefully discarded rather than helping save lives,” AAPS emphasizes in its new filing.

AAPS General Counsel Andrew Schlafly informed the court that the agency bureaucrats “have posted false, disparaging statements about HCQ, upon which other regulators have relied in blocking access to it.”  He added that the FDA and HHS have “imposed arbitrary restrictions on HCQ use as part of an Emergency Use Authorization (EUA)” and then “improperly extended their wrongful restrictions and disparagement to continue to block access to HCQ for early treatment of COVID-19.”

 Most Americans continue to be unable to obtain HCQ for early treatment of COVID-19, and virtually no Americans are able to access it as preventive medicine, AAPS explains. The Sixth Circuit, typically the highest court to hear cases from Michigan, Ohio, Kentucky, and Tennessee, has ruled in favor of churches during the coronavirus pandemic.

“HCQ has been used safely for decades by travelers to protect against malaria, but Americans are dying from COVID-19 while HCQ is withheld from them,” Andrew Schlafly adds.

 AAPS informs the Sixth Circuit that Yale School of Public Health Harvey Risch, M.D., stated that 100,000 lives might be saved if HCQ were made widely available. AAPS also observed for the court that a Democratic Councilman from Queens recently disclosed his view that HCQ saved his life from COVID.  Average Americans should have access to this inexpensive medication too, which costs less than a dollar a dose.

This lawsuit by AAPS seeks to implement the pro-HCQ policy which President Trump has supported since April, but has been stymied by bureaucrats within federal and state agencies.  Herman Cain, a Trump supporter, tragically died in an Atlanta hospital amid less access to HCQ than poor countries in Central America do.            

AAPS has represented physicians of all specialties in all states since 1943. The AAPS motto is omnia pro aegroto, meaning everything for the patient.