DC Circuit - The FindLaw DC Circuit Court of Appeals Opinion Summaries Blog

Rempfer v. Sharfstein, No. 08-5117

In an action challenging the Food and Drug Administration's approval of an anthrax vaccine and seeking to enjoin the Defense Department from administering it to military personnel, dismissal of the complaint is affirmed where: 1) the court deferred to the FDA's judgment that the vaccine was effective regardless of the route of exposure; and 2) the FDA did not act arbitrarily or capriciously in resting a finding of effectiveness on the results of a challenged study.

Read Rempfer v. Sharfstein, No. 08-5117

Appellate Information

Argued April 20, 2009

Decided September 29, 2009


For Appellants:

John J. Michels Jr. and Mark S. Zaid, Baker & McKenzie LLP, Chicago, IL

For Appellees:

Melissa N. Patterson, Michael F. Hertz, Jeffrey A. Taylor and Mark B. Stern, U.S. Department of Justice, Washington, DC