The Department of Health and Human Services (HHS) has filed a motion to expedite its appeal of a court ruling that temporarily blocked changes to vaccine recommendations for US children.
In a post on X late last week, HHS Secretary Robert F. Kennedy Jr. said the appeal seeks to restore the Advisory Committee on Immunization Practices (ACIP) so that the group, which has not met since last December, can issue vaccine recommendations ahead of the fall flu season.
“A functioning ACIP is essential to ensuring that vaccine recommendations remain grounded in evidence and available to the families and providers who rely on them,” Kennedy wrote.
The March 16 ruling by US District Court Judge Brian E. Murphy was in response to a lawsuit filed against Kennedy and HHS by the American Academy of Pediatrics (AAP) and other medical organizations. The suit argued that changes to childhood vaccine recommendations that were directed by Kennedy and adopted by the Centers for Disease Control and Prevention (CDC) had not followed proper administrative procedures.
Those changes included ending the recommendation for COVID vaccines for healthy children and reducing the number of vaccines recommended for US children from 17 to 11.
ACIP in limbo
Murphy’s ruling also temporarily blocked ACIP, whose membership has been overhauled by Kennedy, from meeting and froze all recommendations the group had made. Murphy concluded that 13 members tapped by Kennedy after he fired all 17 previous ACIP members had no vaccine-related expertise and were not qualified under the group’s original charter.
ACIP has been in limbo since then, though HHS recently issued a revised charter to re-establish the group. The CDC website still lists the next ACIP meeting as June 24-26. Kennedy said the court’s order “has left ACIP unable to carry out its core responsibilities.”
“As a result, the committee cannot issue new recommendations, review newly approved vaccines, or complete important work ahead of the fall flu season,” he said.
In a statement today, AAP President Andrew Racine, MD, said the government “has had and continues to have the power to restore a lawful ACIP and schedule a meeting at any time.”
“In fact, this is what AAP has long urged: a functioning ACIP led by experts who have the specialized knowledge to make evidence-based vaccine recommendations,” Racine said.