The Department of Health and Human Services (HHS) is seeking to expedite its appeal of a judicial decision that put a temporary halt on changes to vaccine recommendations for children in the United States.
HHS Secretary Robert F. Kennedy Jr. announced the appeal in a social media post, stating its aim is to reinstate the Advisory Committee on Immunization Practices (ACIP). This would allow the committee, which has not convened since last December, to issue vaccine recommendations before the upcoming fall flu season.
Kennedy emphasized the importance of a functional ACIP, noting that it is crucial for ensuring vaccine recommendations are evidence-based and accessible to families and healthcare providers who depend on them.
The March 16 court order, issued by US District Court Judge Brian E. Murphy, came in response to a lawsuit filed by the American Academy of Pediatrics (AAP) and other medical organizations. The lawsuit contended that the modifications to childhood vaccine recommendations, directed by Kennedy and adopted by the Centers for Disease Control and Prevention (CDC), did not adhere to proper administrative procedures.
These modifications had included the discontinuation of COVID-19 vaccine recommendations for healthy children and a reduction in the total number of recommended vaccines for US children from 17 to 11.
ACIP’s Status
Judge Murphy’s ruling not only put a temporary block on ACIP from meeting but also froze all recommendations previously made by the committee. The judge determined that the 13 members appointed by Kennedy, after the dismissal of the prior 17 members, lacked the necessary vaccine-related expertise and did not meet the qualifications outlined in the group’s original charter.
Since then, ACIP has been in an uncertain state. However, HHS has recently published a revised charter to re-establish the committee. The CDC’s website currently lists the next ACIP meeting for June 24-26. Secretary Kennedy stated that the court’s order has prevented ACIP from fulfilling its primary duties, including issuing new recommendations, reviewing newly approved vaccines, and completing critical tasks before the fall flu season.
In a statement, AAP President Andrew Racine, MD, commented that the government has consistently possessed the authority to reinstate a lawful ACIP and schedule meetings. Racine reiterated the AAP’s long-standing call for a functioning ACIP staffed by experts possessing the specialized knowledge required to formulate evidence-based vaccine recommendations.