United States DC Circuit

In an action challenging the Food and Drug Administration's approval of an anthrax vaccine and seeking to enjoin the Defense Department from administering it to military personnel, dismissal of the complaint is affirmed where: 1) the court deferred to the FDA's judgment that the vaccine was effective regardless of the route of exposure; and 2) the FDA did not act arbitrarily or capriciously in resting a finding of effectiveness on the results of a challenged study.

Appellate Information

• Argued 04/20/2009
• Decided 09/29/2009
• Published 09/29/2009

Judges

• Before:  HENDERSON, TATEL, and GARLAND, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• John J. Michels Jr. argued the cause for appellants.   With him on the briefs was Mark S. Zaid.


• For Appellees:
  
• Melissa N. Patterson, Attorney, U.S. Department of Justice, argued the cause for appellees.   With her on the brief were Michael F. Hertz, Acting Assistant Attorney General, Jeffrey A. Taylor, U.S. Attorney, and Mark B. Stern, Attorney.  R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.