Texas Court Grants FDA Win in Vaccine EUAs

The Western Texas federal court has granted an FDA motion to dismiss a lawsuit brought against the agency by a group of parents and the Children’s Health Defense who opposed the Covid-19 vaccines’ emergency use authorizations (EUAs) for use in children.

In granting FDA’s motion, the court concluded that the plaintiffs lacked standing to sue and that they have not suffered an injury as a result of the vaccine EUAs. “The individual plaintiffs have failed to show that they face imminent harm due to the FDA’s EUAs,” the court said, adding that they merely alleged a “speculative threat of harm from vaccination by a non-parent or impending vaccine mandates. But this type of speculative harm is insufficient to meet the injury-in-fact requirement.”

Additionally, the court said the plaintiffs did meet their burden of showing that the risk of future harm is imminent. To plead an imminent future harm, plaintiffs need to show that there is a substantial risk that the injury will occur, it added.