Declaration of Dr. Mary Talley Bowden (Exhibit 9) — Apter v. HHS

Summary

Exhibit 9 to Document 12 in Apter v. HHS (S.D. Tex., Case 3:22-cv-00184), filed 08/08/22, is a declaration of Mary Talley Bowden, MD, with curriculum vitae. Bowden states that more than 3,900 COVID-19 patients were treated, most with ivermectin, claiming "over a 99.97% success rate," and that Bowden resigned privileges at Houston Methodist Hospital after the hospital announced the suspension on Twitter. The declaration says FDA statements that told the public to "Stop it" led pharmacists to refuse to fill Bowden's ivermectin prescriptions and patients to delay treatment.

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Case 3:22-cv-00184   Document 12-9   Filed on 08/08/22 in TXSD   Page 1 of 5
Exhibit 9
Case 3:22-cv-00184   Document 12-9   Filed on 08/08/22 in TXSD   Page 2 of 5
DECLARATION OF MARY TALLEY BOWDEN, MD

My name is Mary Talley Bowden. 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.

I reside and practice medicine in Texas. I am licensed to practice medicine in
Texas.

The attached curriculum vitae is true and accurate.

I graduated summa cum laude from the Medical College of Georgia in 1998. I
completed residency in Otolaryngology - Head and Neck Surgery at the
Stanford University Medical Center in 2003. I am certified by the American
Board of Otolaryngology, and by the American Board of Internal Medicine in
Sleep Medicine.

I began recommending ivermectin to treat COVID-19 in early 2020 and found
the therapy effective. I have treated more than 3,900 patients for COVID-19,
most of them with ivermectin, with over a 99.97% success rate. No patient
who has seen me for early treatment subsequently required hospitalization.
The only patient who did not recover was already in the late stages of the
disease and needed a ventilator before coming to me for treatment.

Ivermectin is a famously safe drug that has been used worldwide for decades.

I had privileges at Houston Methodist Hospital from 1/28/2021 to 11/15/2021
but voluntarily resigned after the hospital announced my suspension on
Twitter. The hospital suspended my privileges for tweeting about using
ivermectin to treat patients with COVID-19.

I am the owner of BreatheMD, where I continue to treat COVID-19 patients.

I am also a clinical advisor at the Front Line COVID-19 Critical Care
Alliance.

Statements by the FDA about using ivermectin to treat COVID-19 have
interfered with my ability to exercise professional medical judgment in
practicing medicine. The healthcare community feels extreme pressure to
comply with FDA directives.

It doesn’t matter whether FDA statements are technically binding or legally
enforceable. Everyone wants guidance during a crisis, and one of the
functions of government is to lead the country towards safety during that
time. The FDA holds itself out as the authoritative source for the
appropriate use of drugs, and so it’s entirely natural for everyone to have
their eyes on the FDA and take what the agency says as fact.

DECLARATION OF MARY TALLEY BOWDEN, MD
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Case 3:22-cv-00184   Document 12-9   Filed on 08/08/22 in TXSD   Page 3 of 5
The off-label prescription of drugs is common and well-established medical
practice. Doctors must be able to exercise their professional medical
judgment in the context of each specific patient, including by prescribing
drugs off-label, to effectively practice medicine.

By mounting a concerted campaign against ivermectin, portraying the drug
as exclusively horse medication, and telling the public to “Stop it” when it
comes to taking ivermectin for COVID-19, the FDA has severely inhibited my
ability to exercise professional medical judgment and treat my patients
effectively.

Other doctors have referred patients to me specifically to prescribe
ivermectin to treat COVID-19.

Pharmacists have refused to fill ivermectin prescriptions for my patients to
treat COVID-19 because the FDA has determined the drug should not be
used for that purpose. Pharmacists have also refused to fill ivermectin
prescriptions for my patients because it is not FDA approved for the
treatment of COVID-19, approaching those off-label prescriptions in a
manner categorically different from other off-label treatments.

Patients have delayed seeking treatment from me because of the FDA’s
actions regarding ivermectin, only to reverse course when other treatments
don’t work. Another patient similarly hesitated to follow my recommended
course of treatment using ivermectin, even after filling the prescription,
because the FDA said not to, again only to reverse course when other
treatments didn’t work. These delays can be devastating since early
treatment of COVID-19 is key.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on: June__2-, 2022 MM ae

Mary Talley Bowden, MD

DECLARATION OF MARY TALLEY BOWDEN, MD
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Case 3:22-cv-00184   Document 12-9   Filed on 08/08/22 in TXSD   Page 4 of 5
Revised May 28, 2022

CURRICULUM VITAE

Mary Talley Bowden, MD

Education

1990- 1994 The University of North Carolina, Chapel Hill, North Carolina, Honors
program B.A. Psychology, Magna Cum Laude

1994-1998 Medical College of Georgia, Augusta, Georgia M.D., Summa Cum Laude

1998-1999 The University of Texas Medical Branch, Galveston, Texas Internship,
Department of General Surgery

1999-2000 The University of Texas Medical Branch, Galveston, Texas PGY-2,
Department of Otolaryngology

2000-2003 Stanford University Medical Center, Palo Alto, California PGY 3- 5,
Department of Otolaryngology

Professional

2021-pres Owner, Breathe Sleep & Wellness
2019-pres Owner, BreatheMD

2018-pres Owner, How | Got My Start
2010-2012 Director, North Houston Sleep Lab

2003-2010 Associate, Memorial Northwest Otolaryngology Head and Neck Surgery
Associates

Board Certification
2003 American Board of Otolaryngology

2004 American Board of Internal Medicine - Sleep Medicine
Case 3:22-cv-00184   Document 12-9   Filed on 08/08/22 in TXSD   Page 5 of 5
Professional Societies

Clinical Advisor, FLCCC

Houston Free Market Medical Association - Co-Leader
Houston Exceptional Women’s Network

Alpha Omega Alpha Medical Society

Psi Chi, national honor society for excellence in the field of psychology

Publications

Bowden, MT, ed. Otolaryngology Board Review: Pearls of Wisdom, 3rd ed. McGraw-
Hill, New York 2012.

Bowden, MT, ed. Otolaryngology and Facial Plastic Surgery Board Review: Pearls of
Wisdom, 2nd ed. McGraw-Hill, New York, 2005.

Bowden MT, ed. Otolaryngology Pearls of Wisdom. Boston Medical Publishing, Boston,
2003. Bowden MT, Kezirian EJ, Utley D, Goode RL. Outcomes of hyoid suspension for
the treatment

of obstructive sleep apnea. Arch Otolaryngo! Head Neck Surg. 2005 May; 131(5):

Bowden MT, Church CA, Chiu AG, Vaughan WC. Informed consent in functional
endoscopic sinus surgery: the patient’s perspective. Otolaryngol Head Neck Surg. 2004
Jul; 131(1): 126-132.

Dorn MT, Wetherington RW, Williams MR. Pathologic quiz case 1. Acinic cell carcinoma
of the deep lobe of the parotid gland involving the right parapharyngeal space. Archives
of Otolaryngology - Head & Neck Surgery. 125(6):694, 696-7, 1999 Jun.


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