The lawsuit was filed by the American Academy of Pediatrics (AAP), the American College of Physicians (ACP), the Infectious Diseases Society of America (IDSA), the Massachusetts Public Health Alliance, the Society for Maternal-Fetal Medicine, and a Jane Doe, who is a pregnant physician.
The group’s lawsuit aims to overturn Kennedy’s unilateral decision to drop the CDC’s recommendations that healthy children and pregnant people get COVID-19 vaccines. The medical groups argue that Kennedy’s decision—announced in a video on social media on May 27—violates the Administrative Procedure Act for being arbitrary and capricious.
Specifically, Kennedy made the decision unilaterally, without consulting the CDC or anyone on ACIP, entirely bypassing the decades-long evidence-based process ACIP uses for developing vaccine recommendations that set standards and legal requirements around the country. Further, the changes are not supported by scientific evidence; in fact, the data is quite clear that pregnancy puts people at high risk of severe COVID-19, and vaccination protects against dire outcomes for pregnant people and newborns. Kennedy has not explained what prompted the decision and has not pointed to any new information or recommendations to support the move.
“Existential threat”
The medical groups say the decision has caused harms. Pregnant patients are being denied COVID-19 vaccines. Patients are confused about the changes, requiring clinicians to spend more time explaining the prior evidence-based recommendation. The conflict between Kennedy’s decision and the scientific evidence is damaging trust between some patients and doctors. It’s also making it difficult for doctors to stock and administer the vaccines, and creating uncertainty among patients about how much they may have to pay for them.
In making the claims, the medical groups offer a sweeping review of all of the damaging decisions Kennedy has made since taking office—from canceling a flu shot awareness campaign, spreading misinformation about measles vaccines amid a record-breaking outbreak, to clawing back $11 billion in critical public health funds, and wreaking havoc on ACIP.
The lead lawyer representing the groups, Richard Hughes IV, a partner at Epstein Becker Green, did not immediately response to Ars’ request for comment.
But in a statement Monday, Hughes said that “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.”
