5th Cir. Tosses Lawsuit Challenging FDA’s COVID-19 Vaccine Authorizations
January 25, 2024
NEW ORLEANS — The 5th Circuit U.S. Court of Appeals has upheld dismissal of a lawsuit challenging the Food and Drug Administration’s issuance of emergency use authorizations covering COVID-19 vaccines for children, affirming that they lack standing because they failed to allege an injury-in-fact.
On Jan. 23, the appellate panel explained that “it is insufficient that Plaintiffs allege that some hypothetical third party might, at some hypothetical point in the future and through some hypothetical means, will vaccinate their children against their wishes.”
“The parents do not allege that their children are or will be subject to any …