Appeals court rules against military service members who sued over anthrax vaccine requirement

By Nedra Pickler, AP
Wednesday, September 30, 2009

Appeals court upholds dismissal of vaccine suit

WASHINGTON — A federal appeals court has ruled that members of the military can be required to be vaccinated against anthrax.

The U.S. Court of Appeals on Tuesday upheld a lower court’s decision dismissing a case brought by eight service members who challenged the Food and Drug Administration’s determination that the vaccine was effective.

The plaintiffs also wanted to stop the Defense Department’s requirement that service members at risk for anthrax exposure must be vaccinated. But the appeals court ruled that the service members who filed the suit did not provide any scientific evidence to prove the vaccine was ineffective.

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