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U.S. Judge Reverses Ban on Pentagon Anthrax Vaccination Program
A U.S. federal judge yesterday lifted an injunction he issued earlier against the U.S. Defense Department’s anthrax vaccination program and told the Pentagon that it could resume mandatory vaccinations for all service members except the six that filed a lawsuit against the program. Last month, U.S. District Judge Emmet Sullivan issued the temporary injunction, ruling that the anthrax vaccine had been used for “an unapproved purpose” because the U.S. Food and Drug Administration had determined it was effective only against skin anthrax. Last week, however, the FDA issued a final rule saying that the vaccine was effective against both skin and inhalational anthrax. “Although the timing of the issuance of the rule is arguably highly suspicious, nevertheless, the rule has been issued and the principal reason for the issuance of the injunction has been addressed by the government,” Sullivan wrote in his order issued yesterday. U.S. Defense Undersecretary David Chu late yesterday signed a memorandum ordering the resumption of the anthrax vaccination program, the New York Times reported (Thom Shanker, New York Times, Jan. 8). Mark Zaid, an attorney for the six anonymous plaintiffs that filed the lawsuit against the vaccination program, said that he plans to ask Sullivan to reissue an order blocking mandatory vaccinations because the FDA’s approval of the vaccine was flawed as it was only based on animal research. In addition, Zaid said that he also plans to introduce evidence to show that the military is improperly using the vaccine. While the FDA has determined that the vaccine should be administered though a six-shot regimen over 18 months, the military often administered fewer than six injections, he said (Vernon Loeb, Washington Post, Jan. 8).
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