How Dr Brian Tyson “persuaded” CVS to fill his ivermectin prescriptions

Tyson retained an attorney, Matthew P. Tyson (no relation), to draft a letter that was hand-delivered to the pharmacy. He’s not had any trouble since then.


From the lawyer’s letter to pharmacy:

It has come to my attention that your pharmacy has refused to fill valid prescriptions
for ivermectin. Your pharmacy manager told one customer that the refusal was because
ivermectin was not FDA-approved for use in treatment of COVID-19. This same manager
told the prescribing physician that she was “not comfortable” dispensing a prescription for
ivermectin to treat COVID-19 and that there was “no indication” for the prescription.

The FDA does not “approve” uses at all. The FDA merely determines whether to
approve or clear products for marketing and labelling of the “intended use” submitted to it.
To be marketed, a product need only have a single intended use. All treatments beyond
such intended use are a matter of discretionary medical practice by licensed physicians.

New “off-label” uses for drugs are often discovered after the FDA approves a
package insert. Off-label use is legal and widely accepted practice. A manufacturer’s label
is not proscriptive, and does not prohibit use for a longer period, or in any other manner
not described in the labeling. The FDA cannot and does not prohibit physicians from
prescribing off-label use. Any assertion that a prescription is invalid because it is off-label
is utterly devoid of basis in law or fact. It is for the professional judgment of a licensed
physician – and not a pharmacist or the FDA – to determine that an off-label prescription
is appropriate treatment for a patient.


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