Update on my Fight with the Texas Medical Board

Excerpt from my response to Board's motion for summary judgement.

The Texas Medical Board alleges I tried to prescribe a hospitalized patient ivermectin without having the authority to do so. In reality, I was acting under a court order and through the guidance of attorneys. The wife of a dying man sued Texas Huguley Hospital to allow him to try ivermectin. The court ruled in her favor, and the judge ordered the hospital to grant me emergency temporary privileges so I could administer the medication. The hospital appealed, but I was informed we could still proceed since the hospital did not have a stay on the order.

The appellate judge did grant a stay, but that notice ended up in the attorney’s spam folder. The nurse who volunteered to administer the ivermectin showed up at the hospital unaware of a stay. Once she was aware, she left. She did not cause a scene and never entered the ICU.

The Texas Medical Board has heard depositions from five of my six witnesses. The evidence is very clear, and now they are desperate to make this case go away. They’ve filed a motion for summary judgement to avoid a public hearing. I’m sharing part of my response… this is supposed to be publicly available but the court documents have mysteriously disappeared from the website that shares court cases.

Dr. Bowden was informed that no stay was issued

Perhaps the most critical fact was that Dr. Bowden was informed, affirmatively, that the Appeals Court had not stayed the Temporary Injunction1 that the patient had received. Specifically, Beth Parlato, counsel for Patient in the Court case2 , told Dr. Bowden that “The Hospital didn’t get their stay”, “Appeals Court didn’t grant the stay”, and “there is no stay order.”3 Thus, Dr. Bowden had specific, good faith reason to believe no stay had been granted and the Temporary Injunction remained in force on November 10, 2021. The Stay Order was in Jerri Ward’s “spam” folder Dr. Bowden received this advice because the stay order that was issued was served vial mail from the Second District Court of Appeals went in to Jerri Ward’s spam

The Stay Order was in Jerri Ward’s “spam” folder

Dr. Bowden received this advice because the stay order that was issued was served vial mail from the Second District Court of Appeals went in to Jerri Ward’s spam 1 Ex. 03 to Respondents Response filed on December 27, 2024. 2 Ex. 04 p. 9, ll. 18-22 3 Ex. 06A at p. 1 (originally produced as Bowden00260), Bowden_Privilege_000001, and Bowden000256. 4 folder. Ms. Ward was crystal clear about this detail during her deposition. For example:

The record makes it clear Dr. Bowden was told no stay was granted and had no notice otherwise. Dr. Bowden acted in good faith on the advice of patient’s counsel of record when dispatching the nurse. Huguley Hospital allowed the nurse to come and to enter the hospital Petitioner introduces no evidence, because there is none, that the nurse dispatched by Dr. Bowden entered any treatment area or other non-public space of the hospital. Further, the timeline of events show that Huguley Hospital itself elected to address the stay issue on hospital grounds rather than preventing the nurse from coming. Put simply, Huguley Hospital did not attempt to assert the stay until the nurse was in the Hospital’s ICU waiting room.

Huguley Hospital's intent is reflected by the timeline. At 5:15 p.m., Huguley Hospital received an email from Dr. Bowden stating "Per the lawyers, everything is set. :My nurse will arrive in about 30 minutes with the court order."5 The nurse arrived at the ICU waiting room between 5:55 and 6:00 p.m.6 Huguley Hospital did nothing between 5:15 p.m. and 5:55 p.m. to prevent the nurse from traveling to the hospital. Huguley could have contacted its attorneys to reach out to the patient's counsel, responded further to Dr. Bowden, talked to Patient's Wife, or tried to reach out to patient's counsel directly. Huguley Hospital, despite having 40 minutes, did none of tl-1ese tlungs and by its inaction agreed for tl1e nurse to enter witl1 the intent to administer ivermectin. In other words, the Hospital approved of the events tl1at actually occurred and, in light of the Hospital's approval, Dr. Bowden cannot have committed unprofessional or dishonorable conduct through such Hospital approved actions.

Below is the text message exchange between myself and the wife’s attorney, proving that I had no knowledge of a stay on the order when I sent the nurse to the hospital.

Thank you to all of you who have helped defray my legal expenses by subscribing! The hearing is scheduled for April 28 - May 2nd and is open to the public (by Zoom.)