Spreeha Choudhury, Associate in the Health Care & Life Sciences practice, was quoted in Drug Topics in “Ongoing AAP, HHS Legal Battle Will Determine Future Health Care Action,” by Ashley Gallagher.
Following is an excerpt:
The ongoing legal battle in American Academy of Pediatrics (AAP) et al. v. Kennedy et al. is considered a shakeup of the health care system, as a federal court recently intervened to halt sweeping changes to the national childhood immunization schedule. …
Spreeha Choudhury, PharmD, JD, associate at Epstein Becker Green and part of the AAP client team in the legal case, detailed the 2 core arguments that the plaintiffs, AAP et al, brought to the lawsuit. ...
“The APA is the backbone of this case. The plaintiffs argue that HHS violated the APA because it bypassed the longstanding, evidence-based scientific review process for vaccine recommendations,” Choudhury said. “The district court agreed in a stay order issued in March 2026, finding the schedule changes were reviewable final agency actions because they directly affect provider liability, insurance coverage, and pharmacist authority to administer vaccines.”
The APA is a federal statute that governs how executive branch agencies, such as HHS and the CDC, create and change different policies, Choudhury said. Government officials are required to explain the changes with reasoned and documented justification.
“Agencies cannot simply discard the expert processes that normally inform them,” Choudhury said. “The APA also requires agencies to follow proper procedure. When Congress has built a specific process into a statute, such as ACIP's role in vaccine recommendations, agencies cannot bypass it.” …
“Pharmacists were not named plaintiffs in the case,” Choudhury said. “However, given the volume of vaccines pharmacists administer nationwide, the outcome will significantly impact pharmacy practice.” …
