Federal Judge Cites Amicus Brief Co-Authored by Professor Wendy Parmet in Vaccine Access Case

A federal judge in Massachusetts has denied a motion to dismiss a lawsuit challenging the federal government's actions to alter COVID-19 vaccine recommendations and replace members of a key advisory committee, citing an amicus brief co-authored by Professor Wendy Parmet.

Federal Judge Cites Amicus Brief Co-Authored by Professor Wendy Parmet in Vaccine Access Case
Professor Wendy Parmet

01.09.26 — A federal judge in Massachusetts has denied a motion to dismiss a lawsuit challenging the federal government's actions to alter COVID-19 vaccine recommendations and replace members of a key advisory committee, citing an amicus brief co-authored by Professor Wendy Parmet.

The case, American Academy of Pediatrics et al. v. Kennedy et al., concerns actions the government has taken since May 2025 to change recommendations related to the COVID-19 vaccine and to replace members of the Advisory Committee on Immunization Practices, which provides recommendations to the Centers for Disease Control and Prevention on vaccinations and immunization schedules. Plaintiffs allege the actions violated the Administrative Procedure Act and the Federal Advisory Committee Act.

In his order dated January 6, 2026, denying the government’s motion to dismiss, U.S. District Judge Brian Murphy of the District of Massachusetts cited an amicus brief submitted by Defend Public Health (DPH) — the only amicus referenced in the decision. The brief was DPH’s first amicus filing since the organization’s founding in November 2024. The citation appears in footnote 19 on page 17, addressing potential liability concerns for pharmacists administering vaccines.

Parmet, faculty co-director of Northeastern Law’s Center for Health Policy and Law, and Professor Dorit Reiss of UC Law San Francisco, who holds the James Edgar Hervey '50 Chair of Litigation, worked with attorneys from Hooper, Lundy & Bookman on the brief. Madison Lee ’27 provided research support for the brief as part of her work in Northeastern Law’s Public Health Advocacy Clinic. The Center for Health Policy and Law received a grant from the Robert Wood Johnson Foundation in September 2025 to support its efforts to facilitate and coordinate the filing of amicus briefs on behalf of public health and health equity.

“We are grateful that we were able to contribute to this critically important case,” said Parmet, who attended the December 17 hearing in person. “We look forward to working with students, public health experts and outside counsel in cases, such as AAP v. Kennedy, that carry significant public health implications.”

DPH is an unincorporated nonprofit association with more than 7,000 members across 40 states, including physicians, nurses, academic scientists, legal scholars, and current and former public health officials. The organization advocates for sound public health policies and programs.

The amicus brief argues that the recent shift from universal COVID-19 vaccination recommendations to “shared clinical decision-making” has created significant barriers to vaccine access. The brief contends that the change particularly affects pharmacists, who administer vaccines nationwide but now face unclear liability exposure and operational challenges in settings designed for rapid administration rather than individualized consultations.

The brief also highlights concerns for vulnerable populations, including pregnant patients and children served by the Vaccines for Children Program, and warns that reduced vaccination coverage increases preventable hospitalizations, straining already overburdened hospitals and health care workers.

With the motion to dismiss denied, the litigation will now move into the next phase.

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