American Academy of Pediatrics et al. v. Kennedy et al.

Docket No.
1:25-cv-11916
District Court
Massachusetts

Goal

  • Block enforcement of an agency action
  • Compel agency action
  • Declaration that agency action is unlawful

Issues

Potential Impact:

Why This Matters:

Plaintiffs allege that the Department of Health and Human Services and Centers for Disease Control and Prevention violated the Administrative Procedure Act in downgrading vaccines on the childhood immunization schedule; replacing members of the Advisory Committee on Immunization Practices and any subsequent changes made by the Committee; and changing recommendations for the COVID-19 vaccine. Specifically, the plaintiffs allege that federal health agencies failed to observe required procedures and acted arbitrarily and capriciously. Federal vaccine recommendations have been used to set vaccine policy across the country.

Potential Impact:

Changes to vaccine recommendations should be made only with scientific justification and could lead to reduced coverage, increased vaccination hesitancy, increased risk of the spread of preventable diseases, and increased mortality.

News And Analysis (1)

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Related Litigation

Current Status

Briefing is ongoing

Preliminary Injunction Granted in Part

Legal Issues

Administrative Procedure Act - Arbitrary and Capricious, Administrative Procedure Act - Without Observance of Procedure Required by Law, Administrative Procedure Act - Contrary to Law

Topic(s)

Preventive Services

Date Filed
July 7, 2025
Case Type
Civil
Court Type
District Court
Court
Massachusetts
Judge
Murphy, Brian E. Appointed By: Joseph R. Biden Jr.
Plaintiff(s)
American Academy of Pediatrics; American College of Physicians; American Public Health Association; Infectious Diseases Society of America; Massachusetts Public Health Alliance; Society for Maternal-Fetal Medicine; The Massachusetts Chapter of the American Academy of Pediatrics; Jane Doe 1; Jane Doe 2; Jane Doe 3
Lead Counsel For Plaintiff(s)
Epstein Becker & Green P.C.
Amicus Briefs for Plaintiff(s)

American College of Obstetricians & Gynecologists et al.; Defend Public Health; Pediatric Infectious Diseases Society, Inc.; Public Health and Administrative Law Scholars; American Association of Immunologists et al.; Robert Wood Johnson Foundation et al.

Defendant(s)
Robert F. Kennedy Jr.; Department of Health and Human Services; Marty Makary; Food and Drug Administration; Jay Bhattacharya; National Institutes of Health; Jim ONeil; Centers for Disease Control and Prevention; Does 1-50
Lead Counsel for Defendant(s)
Government
Amicus Briefs for Defendant(s)

Andrea Shaw et al.