A federal judge on Monday temporarily blocked federal health officials from cutting the number of vaccines recommended for every child, and said U.S. Health Secretary Robert F. Kennedy Jr. likely violated federal procedures in revamping a key vaccine advisory committee.
The decision halts an order by Kennedy — announced in January — to end broad recommendations for all children to be vaccinated against flu, rotavirus, hepatitis A, hepatitis B, some forms of meningitis and RSV.
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A number of leading medical groups raised alarms that the vaccine recommendation changes made under Kennedy would undermine protections against a half-dozen diseases. And the American Academy of Pediatrics and some other groups amended a lawsuit they had filed in July, asking the judge to stop the scaling back of the nation’s childhood vaccination schedule.
The original lawsuit, in federal court in Boston, focused on Kennedy’s decision to stop recommending COVID-19 vaccinations for most children and pregnant women.
The suit was updated as Kennedy took more steps that alarmed medical societies, causing the plaintiffs to ask Judge Brian E. Murphy to take steps to address those policy changes too. For example, the amended complaint asked the court to look at Kennedy’s actions concerning the Advisory Committee on Immunization Practices, which advises public health officials on what vaccines to recommend to doctors and patients.
Kennedy, a leading anti-vaccine activist before becoming the nation’s top health official, fired the entire 17-member panel last year and replaced it with a group that includes several anti-vaccine voices.
Murphy, who was nominated to the bench by President Joe Biden, said Kennedy’s reconstitution of ACIP likely violated federal law. He ordered the appointments — and all decisions made by the reformed committee — put on hold.
Department of Health and Human Services spokesman Andrew Nixon said: “HHS looks forward to this judge’s decision being overturned just like his other attempts to keep the Trump administration from governing.”
ACIP was scheduled to meet this week to discuss COVID-19 vaccines, among other issues, but that gathering was being postponed.
“ACIP as currently constituted cannot meet,” said Richard Hughes IV, an attorney representing the AAP. “How can a committee meet without nearly the entirety of its membership?”
