The news: Several leading medical associations representing hundreds of thousands of US clinicians, as well as scientists, researchers, and public health workers, have sued HHS Secretary Robert F. Kennedy Jr. and other top health officials over the government’s recent decision to make COVID-19 vaccines more restrictive. A pregnant physician is also among the plaintiffs, while heads of the FDA, NIH, and CDC are defendants in the lawsuit.
Catch up quick: In May, Kennedy announced on X in a video with FDA commissioner Dr. Marty Makary and NIH director Dr. Jay Bhattacharya that the COVID-19 vaccine for healthy children and healthy pregnant women has been removed from the CDC’s recommended immunization schedule. Kennedy did not consult scientists or the CDC’s vaccine advisory panel, ACIP, before making the decision, according to media reports. He subsequently fired all 17 ACIP members, replacing them with several vaccine skeptics.
Updated CDC guidance clarifies that the determination for kids getting the COVID-19 shot should come down to “shared clinical decision-making” between parents and doctors. The recommendation for pregnant individuals to get the vaccine has been removed.
Inside the lawsuit: It states that Kennedy’s decision exposes vulnerable populations to serious illness and in some cases, death. It notes that shared decision-making implies that the vaccine is “optional or suspect.” And it claims that Kennedy’s directive to revamp vaccine recommendations is against the law since it doesn’t follow longstanding legislative practices.
Why it matters: Insurance coverage of vaccinations typically follows ACIP recommendations, but unclear and shifting guidelines have confused doctors, health plans, pharmacists, and patients alike. Reports of pregnant women seeking COVID-19 shots being turned away at pharmacies are starting to trickle out.
The big takeaway: Kennedy is running out of allies in the medical and pharma communities. Suing the US’ top health officials is a signal that healthcare trade groups and doctors themselves won’t stand for policy whiplash that has an immediate effect on their patients. If nothing else, the lawsuit could force Kennedy and his team to adhere to the legal framework in place for making sudden changes that disrupt the public’s access to vaccines.
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