Legal complaint against the FDA
On September 9 th, 2019 Dr Richard Hearn filed a complaint in District Court of Idaho against the FDA on behalf of Dr. Gomperts, her patients and Aid Access.
Aid Access is a global service to provide information and prescriptions to women in need of a safe abortion. Aid Access started operating in March 2018 and received almost 40000 help requests from people in the United States. People requesting help are given information about available local services and funding possibilities, but many report being unable to access abortion services in their local communities. If they experience an undue burden to access local care, Dr. Gomperts provides a prescription for the required medicines which those seeking an abortion can have filled. Many of the people requesting help are young, raped, poor or living in situations of domestic violence.
On March 8th, 2019 Dr. Gomperts received a letter from the FDA ordering Aid Accessto stop.
These are some emails of her patients:
"Hi. I am wanting to end this unwanted pregnancy. I am unable to make a donation, my mom receives disability. I am only 14. I hope that your organization will be able to assist me."
" I've been in an abusive for 5 years, and i have two young children. This is the first time ive felt like I've had any real control of my future. Thank you Aid Access for not letting him further take my life. Youve given me hope."
The complaint asks the court to decide on 7 requests amongst which:
- To declare that any seizing of packages containing medicines prescribed by Dr. Gomperts is a violation of women's constitutional rights.
- To declare that any prosecution of Dr. Gomperts or her patients would be a violation of women's constitutional rights.
- Enter an injunction prohibiting the FDA from taking any action, directly or indirectly through another federal agency, that would cause criminal charges to be brought against Dr. Gomperts and/or Aid Access and/or Dr. Gomperts’ patients based upon Dr. Gomperts’ prescribing of misoprostol and mifepristone for her patients seeking to terminate their early pregnancies in the United States.
On November 15 th, 2019 the FDA responded with a motion to dismiss.
On December 19 th, 2019 Dr Richard Hearn replied to the FDA's motion to dismiss.
On July 13, 2020 Judge Nye rejected our position that this case was about a woman’s right to an abortion and accepted the FDA’s position that this case was about a person’s right to any unapproved drug.
On July 21, 2020, filed the Notice of Appeal.
September 14 th, 2020, we decided to dismiss the appeal.