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For Immediate Release
December 22, 2003 |
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Shays Statement on Anthrax Vaccine Ruling
Bridgeport, CT - Today, Judge Emmet Sullivan of the United
States District Court for the District of Columbia issued
a ruling in the legal challenge to the military anthrax vaccine
program. Below is Congressman Christopher Shays' (R-CT) statement
on the ruling.
"The Department of Defense (DOD) anthrax vaccine program
should have been voluntary from the start. Three years ago,
the National Security Subcommittee, which I chair, found the
program untenable for a number of reasons, including the legal
infirmities cited in today's decision. Experimental use against
aerosolized attack, unwieldy logistics of a prolonged administration
regimen (six shots over 18 months) and the lack of a validated
battlefield threat should have decided the case against the
mandatory program long ago.
"Mass, mandatory inoculations were a heavy-handed over-reaction
to the uncertain threat of anthrax on the battlefield. DOD's
own documents proved to the court's satisfaction the Pentagon
knew the vaccine was not approved for use against weaponized
anthrax but chose to proceed using the disingenuous pretext
of legality struck down today.
"This decision ends years of coercive practices that
has spanned two Administrations and shaken the faith of many
in the integrity of military medicine and command decision-making.
Based on genuine concerns about potential health effects from
use of this old, admittedly reactogenic vaccine, hundreds
of men and women in uniform refused the order to be inoculated.
More than two hundred have been court-martialed. Highly trained
National Guard pilots have left the service rather than risk
their health and civilian livelihood.
"In view of this decision, DOD should immediately begin
a review of all disciplinary actions taken against those who
refused the vaccine. Senator Bingaman (D-NM) and I will ask
the Secretary to do so administratively. If necessary, we
can mandate the review legislatively.
"Every day, we rely on the intelligence and judgment
of the men and women who volunteer to serve in America's armed
forces. We trust them to make the right choices in defending
our freedom at home and abroad. This court decision by Judge
Sullivan tells the Department of Defense (DOD) we can trust
them to make the right choices about their health and their
readiness."
The decision can be found at www.dcd.uscourts.gov/03-707.pdf
Contact: Sarah Moore,
202/225-5541
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