Medical Groups Sue RFK Jr. For Assault On Science Over Unlawful COVID-19 Vaccine Rollbacks

In a significant legal challenge that could reshape the future of public health policy in the United States, a powerful alliance of leading medical and public health organizations, including the American Academy of Pediatrics (AAP), the American College of Physicians (ACP), and the American Public Health Association (APHA), filed a lawsuit on Monday against Secretary of Health and Human Services Robert F. Kennedy Jr.

The plaintiffs contend that Secretary Kennedy has launched an “assault on science, public health, and evidence-based medicine” through unilateral and arbitrary changes to COVID-19 vaccine recommendations for children and pregnant individuals.

This unprecedented legal action seeks to halt what the coalition describes as an “existential threat to vaccination in America,” arguing that Kennedy’s directives, including the controversial dismissal of expert advisors from the CDC’s immunization committee, are endangering the nation’s long-standing, science-based vaccine infrastructure and, critically, the health of its most vulnerable populations.

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The comprehensive lawsuit, filed in the U.S. District Court for the District of Massachusetts, names the U.S. Department of Health and Human Services (HHS) and Secretary Robert F. Kennedy Jr. as defendants. The plaintiffs, which also include the Infectious Diseases Society of America (IDSA), the Massachusetts Public Health Alliance (MPHA), the Society for Maternal-Fetal Medicine (SMFM), and a pregnant physician, assert that Kennedy acted “arbitrarily and capriciously” by altering COVID-19 vaccine recommendations for children and pregnant people without scientific basis.

This follows Secretary Kennedy’s public statement in May, where he expressed pleasure at the removal of the COVID-19 vaccine for healthy children and pregnant women from CDC recommended immunization schedules.

A critical aspect of the lawsuit’s complaint is Secretary Kennedy’s alleged unjust dismissal of 17 members of the Centers for Disease Control and Prevention’s (CDC) Advisory Committee on Immunization Practices (ACIP). These experts were reportedly replaced with individuals known for espousing anti-vaccine viewpoints.

Dr. Susan J. Kressly, President of the AAP, underscored the gravity of these actions, stating, “This wasn’t just sidelining science. It’s an attack on the very foundation of how we protect families and children’s health. And the consequences could be dangerous.”

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The lawsuit further details a pattern of interference, including blocked CDC communications, delayed or canceled meetings of CDC and Food and Drug Administration (FDA) vaccine advisers, and the announcement of studies to investigate non-existent links between vaccines and autism.

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The plaintiffs are seeking both preliminary and permanent injunctions to reverse Secretary Kennedy’s rescissions of COVID-19 vaccine recommendations. They also request a declaratory judgment to legally pronounce these changes as unlawful. Richard H. Hughes IV, lead counsel for the plaintiffs and partner at Epstein Becker Green, voiced grave concerns, asserting, “This administration is an existential threat to vaccination in America, and those in charge are only just getting started. If left unchecked, Secretary Kennedy will accomplish his goal of ridding the United States of vaccines, which would unleash a wave of preventable harm on our nation’s children.”

The lawsuit alleges that the Directive is but one example of the Secretary’s agenda to dismantle the long-standing, Congressionally-authorized, science- and evidence-based vaccine infrastructure that has prevented the deaths of untold millions of Americans. The filing highlights that the Secretary’s dismantling of the vaccine infrastructure must end, and halting this effort begins with vacating the Directive.

Per a recent media report, Dr. Vinay Prasad, the U.S. Food and Drug Administration’s (FDA) top vaccine official, overruled agency scientists to limit approval of two COVID-19 vaccines, despite internal recommendations to clear them for broader use.

FDA scientists had recommended full approval for updated COVID vaccines from Novavax Inc. (NASDAQ:NVAX) and Moderna Inc. (NASDAQ:MRNA) for individuals aged 12 and older, citing favorable risk-benefit analyses.

But Prasad restricted the shots to those at higher risk, seniors and people with underlying health conditions, arguing that declining hospitalization and death rates from COVID-19 shifted the balance of risks and benefits.

While distinct from the HHS lawsuit, this report underscores a broader climate of scrutiny and debate surrounding vaccine policy.

The AAP has a history of pursuing legal action against the federal government, regardless of political affiliation. Past instances include a 1983 lawsuit against HHS regarding life-sustaining treatment for infants and separate lawsuits against the FDA in 2016 and 2018 concerning graphic warnings on cigarettes and e-cigarette regulation, respectively.

Medical Groups Sue RFK Jr. For Assault On Science Over Unlawful COVID-19 Vaccine Rollbacks

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