Exhibit 5 — Declaration of Robert L. Apter, M.D. — Apter v. HHS

Record facts

U.S. District Court for the Southern District of Texas, Galveston Division · No. 3:22-cv-00184 · Doc. 1-5 · 2022-06-02 · Docket on CourtListener

Full text

Exhibit 5
Case 3:22-cv-00184   Document 1-5   Filed on 06/02/22 in TXSD   Page 1 of 13

DECLARATION OF ROBERT L. APTER, M.D., FACEP 
1.
My name is Robert L. Apter. I am over the age of 18 and am competent to 
make this declaration. The facts set forth in this declaration are based on my 
personal knowledge and are submitted solely in my own capacity.
2.
I reside in Arizona. I am licensed to practice medicine in Arizona and
Washington.
3.
The attached curriculum vitae is true and accurate.
4.
I graduated from the University of Colorado School of Medicine in 1974. I 
have over 40 years of experience practicing emergency medicine.
5.
I am a certified Diplomate of the American Board of Emergency Medicine and 
a Fellow of the American College of Emergency Physicians.
6.
I have done over 6,000 patient consultations for COVID-19 through 
MyFreeDoctor.com, about half for prophylaxis and half for treatment, with 
over 99.9% survival. I have frequently prescribed ivermectin to these patients 
and found the treatment effective.
7.
Ivermectin is a very safe drug. I have witnessed few side effects, none of 
which were serious.
8.
Statements by the FDA to stop using ivermectin to treat COVID-19 have 
interfered with my ability to exercise professional medical judgment in 
practicing medicine.
9.
Off-label prescriptions are a regular and well-established medical practice, 
and may be necessary for the effective treatment of each unique patient.
10.
The FDA has repeatedly derided ivermectin as a horse dewormer that should 
not be used for COVID-19 and told the public to stop using it. This has 
interfered with my ability to exercise professional medical judgment in 
prescribing it off-label for that purpose. In my experience, off-label 
prescriptions for ivermectin are now treated differently from other drugs.
11.
Pharmacists have refused to fill ivermectin prescriptions for my patients, 
citing the FDA's statements on using it to treat COVID-19. This delays my 
patients in obtaining their prescribed treatment-when early intervention is 
paramount-while they look for a pharmacy to fill their prescription, if they 
are able to find one at all.
12.
The practice of medicine has increasingly become highly driven by standai·ds 
and guidelines. Doctors are increasingly employees of hospitals and
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