L AW OF F I C E O F
MATTHEW P. TYSON
5 5 8 0 L A J O L L A B L V D . # 1 7 0
L A J O L L A , C A L I F O R N I A 9 2 0 3 7
WRITER MAY BE REACHED BY:
PHONE: (619) 787-0614
December 6, 2021
Via Hand Delivery
CVS Pharmacy #16937, NPI 1366464968
Garfield Beach CVS LLC
CVS Health Corporation
2295 N. Imperial Avenue
El Centro, California 92243-1335
Re: Illegal Refusal to Fill Prescriptions, Civil Rights Violations, Negligence
Dear Managers and Owners:
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.
Ivermectin is an antiparasitic medication approved by the FDA for use in humans.
Ivermectin is on the World Health Organization’s Model List of Essential Medicines, and
ivermectin oral tablets are used worldwide for treatment of certain parasitic infections.
SARS-CoV-2 (which causes COVID-19) is such a parasitic infection. SARS-CoV-2
exhibits bacteriophage-like behavior as it replicates in bacterial growth medium such as
are found in the human intestines.1
In vitro studies have shown that ivermectin inhibits the
replication of SARS-CoV-2.2
And Dr. Anthony Fauci’s National Institutes of Health (NIH)
“In 2015, the Nobel Committee for Physiology or Medicine, in its
only award for treatments of infectious diseases since six decades prior,
honoured the discovery of ivermectin (IVM), a multifaceted drug deployed
against some of the world’s most devastating tropical diseases. Since March
2020, when IVM was first used against a new global scourge, COVID-19,
more than 20 randomized clinical trials (RCTs) have tracked such inpatient
and outpatient treatments. Six of seven meta-analyses of IVM treatment
RCTs reporting in 2021 found notable reductions in COVID-19 fatalities,
with a mean 31% relative risk of mortality vs. controls. During mass IVM
treatments in Peru, excess deaths fell by a mean of 74% over 30 days in its
ten states with the most extensive treatments. Reductions in deaths
correlated with the extent of IVM distributions in all 25 states with p <
0.002. Sharp reductions in morbidity using IVM were also observed in two
animal models, of SARS-CoV-2 and a related betacoronavirus. The
indicated biological mechanism of IVM, competitive binding with SARSCoV-2 spike protein, is likely non-epitope specific, possibly yielding full
efficacy against emerging viral mutant strains.”3
Moreover, Dr. Brian Tyson (no relation to yours truly) is the prescribing physician
for the prescriptions at issue. Dr. Tyson is a world-renowned expert on the treatment of
COVID-19. Dr. Tyson has testified nationally and internationally on topic, and he has
successfully treated more than 6,500 COVID-19 patients. Dr. Tyson’s professional
judgment to prescribe ivermectin for a patient to treat COVID-19 is completely supported
by the science, the law, and his extensive experience.
Petrillo, M., Brogna, C., Cristoni, S., Querci, M., Piazza, O. and Van Den Eede, G., Increase of SARSCoV-2 RNA load in faecal samples prompts for rethinking of SARS-CoV-2 biology and COVID-19
epidemiology., F1000 RESEARCH, 2021, ISSN 2046-1402, 10, p. 370, JRC122185.
Caly L, Druce JD, Catton MG, Jans DA, Wagstaff KM. The FDA-approved drug ivermectin inhibits the
replication of SARS-CoV-2 in vitro. Antiviral Res. 2020;178:104787.
Santin AD, Scheim DE, McCullough PA, Yagisawa M, Borody TJ. Ivermectin: a multifaceted drug of
Nobel prize-honoured distinction with indicated efficacy against a new global scourge, COVID-19. New
Microbes New Infect. 2021 Aug 3;43:100924. doi: 10.1016/j.nmni.2021.100924. PMID: 34466270;
L A W O F F I C E O F
MAT T H E W P. TY S O N
CVS PHARMACY #16937, NPI 1366464968
GARFIELD BEACH CVS LLC
CVS HEALTH CORPORATION
P A G E 3
Curiously, CVS had been filling ivermectin prescriptions for patients of Dr. Tyson
for roughly two years, and only suddenly decided to stop. That decision is illegal, violates
the civil rights of Dr. Tyson’s patients, interferes with Dr. Tyson’s ability to practice
medicine, and constitutes the unlicensed and negligent practice of medicine by CVS. This
letter is a courtesy request that you immediately resume the longstanding practice of filling
Dr. Tyson’s prescriptions for ivermectin. Fail not at your peril, as the next letter will be a
formal notice of intent to sue. Thank you.
Matthew P. Tyson
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