| -Caveat Lector-
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FOR IMMEDIATE RELEASE
Thursday, November 11, 2004
For further info contact:
Mark S. Zaid, Esq.
John Michels, Jr., Esq.
Defense Department Embarks On
Dissinformation Campaign Concerning Anthrax Vaccination Program
Involuntary Vaccinations Must Stop For A
Minimum Of
Three To Four Months In Order For The
Government To Comply With Court Order
WASHINGTON, D.C.
--
On October 27, 2004, the
Honorable Emmet Sullivan of the U.S. District Court for the District of Columbia
vacated an Order issued by the Food & Drug Administration and imposed a
permanent injunction prohibiting the Department of Defense from
administering the anthrax vaccine without informed consent or a presidential
waiver. This second injunction followed Judge Sullivan's earlier decision
of December 22, 2003, that the anthrax vaccine was investigational and
unlicensed for its intended purpose to protect against inhalational
exposure.
Since the imposition of a permanent injunction the
Department of Defense has led a disinformation campaign to downplay the
significance of the Court's decision, particularly regarding the length of time
the injunction will remain in place. These efforts, which are made
amidst convenient FDA
silence, do a great disservice to the loyal men and women who are
attempting to protect the United States of American in military and civilian
positions.
"DoD is trying to equate Judge Sullivan's granting a permanent
injunction with his earlier decision granting a preliminary injunction, but
that's simply wishful thinking," said Mark S. Zaid, Esq. of the Washington, D.C.
Law Firm of Krieger & Zaid, PLLC, one of two lawyers who brought the
lawsuit on behalf of the plaintiffs. "In fact, given the state of the medical
and scientific evidence, it will be extremely difficult for FDA to make a proper
case that the vaccine has any effectiveness against inhalation anthrax. That
means the vaccine stays an investigational drug and it cannot be used by the
military without informed consent or a presidential waiver," Zaid added.
The Court found that the FDA failed to allow for public
comment when it decided to ignore the recommendations of its own expert panel
and determined the vaccine was properly licensed for inhalation anthrax. In
addition to the Court's new findings, Judge Sullivan also explicitly
incorporated his earlier findings that the vaccine was never licensed for
inhalation anthrax, and that the FDA and DoD authorized the use of an
experimental drug on service members.
"The upshot of the court's ruling on October 27, 2004, is that
the anthrax vaccination program violated federal law from 1998 forward, at a
minimum. Any order to submit to anthrax vaccination during the entire existence
of the program was illegal, said the plaintiffs' co-counsel John Michels, a
partner in the Chicago office of McGuireWoods, LLP. "The soldiers that DoD
discharged for refusing to take the shots are entitled to back pay and
allowances from the date they were removed from paid status to the point where
DoD properly decides what to do with them. In fairness to the hundreds of
service members who were wrongfully separated from active duty, DoD should begin
processing each one for compensation and reinstatement, particularly if it wants
to avoid congressional involvement," added Michels.
Both lawyers noted that the
stockpiling of anthrax vaccine currently in progress is being done with a
product that is untested and unapproved as a preventative measure against
inhalation anthrax, the most likely type of anthrax to be used in a terrorist
attack. They also commented that the DoD's statements that Judge
Sullivan's order does not challenge the "safety or efficacy" of the vaccine
are deliberately misleading.
"Vaccines are licensed only
when they are proved to be both safe and effective. The court's ruling
that the vaccine is not licensed goes to the heart of the matters of safety
and efficacy for this vaccine. In fact, the license for the vaccine and
the original FDA expert panel both recommended against widespread inoculation
with the product", said Michels.
In addition to those service members who were wrongfully
discharged, the plaintiffs' attorneys said that they are aware of hundreds of
other service members who left active duty or the active reserves to avoid the
vaccine, and many others who developed serious and debilitating illnesses
immediately after receiving the shots. Whether these individuals will be allowed
back into their units or receive proper compensation for illnesses caused by an
experimental drug is probably up to the Veterans Administration and the National
Guard or Reserve leadership. Additional legal action on behalf of those who were
disciplined and who have fallen ill from the vaccine is currently being
prepared.
The lawsuit was filed under pseudonyms on
The plaintiffs were represented by John J. Michels, Jr., a partner in the Chicago office of McGuireWoods LLP (www.mcguirewoods.com), who previously represented Major Sonnie Bates and Captain John Buck, the highest military officers to refuse the anthrax vaccine, and Mark S. Zaid, Managing Partner of the Washington, D.C. law firm of Krieger & Zaid, PLLC, who has defended more than one dozen servicemembers courts-martialed for refusing the anthrax vaccine and has testified before Congress regarding the vaccine in 1999.
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