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REMPFER v. VON ESCHENBACH

Civil Action No. 06-2131 (KMC).

535 F.Supp.2d 99 (2008)

Thomas REMPFER, et al., Plaintiffs, v. Andrew C. VON ESCHENBACH, Commissioner Food and Drug Administration, et al., Defendants.

United States District Court, District of Columbia.

February 29, 2008.

Attorney(s) appearing for the Case

John J. Michels, Jr., McGuire Woods, LLP, Chicago, IL, Mark S. Zaid, Mark S. Zaid, PC, Washington, DC, for Plaintiffs.

Jeffrey Michael Smith, U.S. Department of Justice, Washington, DC, for Defendants.

MEMORANDUM OPINION

ROSEMARY M. COLLYER, District Judge.

Plaintiffs1 are military personnel subject to orders to take Anthrax Vaccine Adsorbed ("AVA"), the only vaccine in the U.S. licensed as a prophylactic against anthrax. They brought this suit against the Food and Drug Administration (FDA), the Department of Health and Human Services (HHS), and the Department of Defense (DoD)2 (collectively...

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