Doctors seek restitution from medical boards that maligned them during Covid pandemic

By LINDA BOYLE

The Association of American Physicians and Surgeons Educational Foundation (AAPS) has filed a lawsuit against the American Board of Internal Medicine, the American Board of Obstetrics & Gynecology, and the American Board of Family Medicine for injury incurred by physicians over their Covid-19 “censorship” campaigns.

The case was initially reviewed in 2023 by District Judge Jeffrey Brown of the U.S. District Court for the Southern District of Texas. Brown dismissed the lawsuit stating the AAPS “lacked standing to pursue the litigation.” His ruling also prevented AAPS from being able to file an amendment to the original lawsuit.

AAPS appealed to the Fifth Circuit Court of Appeals located in New Orleans. In a three-to one-decision, the appeals court ruled the lawsuit should be revived, thereby “reversing the U.S. district judge’s dismissal of the case.”  The Fifth Circuit Court went on to say, “Judge Brown wrongly barred AAPS from amending its complaint or bringing forward an updated version. He cited a local rule, but that rule undercuts federal judicial rules, according to the panel.”

The panel believed there was plausible alleged injury to early treatment doctors by threatening to take away or taking away their board certification for speaking out against Covid-19 jabs, using masks in the pandemic, lockdowns, or speaking out against Dr. Anthony Fauci, director of the National Institute of Allergy and Infectious Diseases from 1984 to 2022, and chief medical advisor to President Joe Biden from 2021 to 2022.

Board certification is extremely important to a doctor and requires much more training to pass the board certification test. Board certification often garners higher salary in managed care facilities and it is also something patients look for to make sure their doctor has at least met some additional education in their particular area of expertise. 

So, what exactly did these board certifying organizations do? The American Board of Obstetrics & Gynecology made statements in 2021 and 2022  recommending Covid-19 jabs for many. It further stated, “doctors who disseminated ‘misinformation and disinformation about COVID-19’ and abortion would be investigated.” 

That is a threat the AAPS complaint stated that  “infringes on the constitutional rights of physicians.” 

The ruling was as follows: 

“AAPS sufficiently alleges injury-in-fact, traceability, and redressability for its First Amendment claims against the board defendants, meaning it has standing to pursue those claims,” U.S. Circuit Judge Kurt Engelhardt said, writing for the unanimous panel of judges.

Judge Brown wrongly barred AAPS from amending its complaint, or bringing forward an updated version, the appeals court said. He cited a local rule, but that rule undercuts federal judicial rules, according to the panel.

The Appeals Court also said AAPS’s claims should have been dismissed without prejudice, which would have enabled a fresh suit to be filed.

The case was remanded back to Judge Brown.  

Andrew Schlafly, general counsel of AAPS, stated the decision was a “landmark ruling that will be cited nationwide for decades to come.”  

No, the case is not yet won, but it is a step in the right direction. The ability to argue both sides of a scientific question has always been part of the art and science of medicine — or at least it was before Covid hit and the mass “misinformation” campaign was started against anyone who dared to disagree with the Covidian doctrine.   

These board certification organizations were operating outside their jurisdiction when threatening doctors who dared to have a different opinion. Those threats were an attack on the scientific method. 

The threats were real — and some of our doctors stood firm. Thank God for them.

Linda Boyle, RN, MSN, DM, was formerly the chief nurse for the 3rd Medical Group, JBER, and was the interim director of the Alaska VA. Most recently, she served as Director for Central Alabama VA Healthcare System. She is the director of the Alaska Covid Alliance.