This was a follow-up lawsuit for active duty military/defense contractors and civilians who were challenging the legal status of the administration of the Anthrax VAccination Immunization Program. The earlier lawsuit, John Doe #1 v. Rumsfeld et al., successfully shut down for two years after a federal district judge declared it experimental and unlawful. This litigation challenged the Food & Drug Administration’s 2005 designation that the anthrax vaccine was safe, effective and not misbranded.
The District Court dismissed the lawsuit in February 2008 and the D.C. Circuit upheld the ruling in September 2009.