Judge lifts anthrax shot injunction

WASHINGTON, Jan. 13 (UPI) -- A federal judge in Washington Tuesday lifted his own injunction against inoculating U.S. military personnel with an anthrax vaccine.

U.S. District Judge Emmet Sullivan said he issued the injunction Dec. 22 because he "was persuaded the record evidence before the court was devoid of (a Federal Drug Administration) final decision on ... anthrax vaccine absorbed," or AVA.

Within days of the injunction, the FDA published a final rule saying AVA was safe and effective for use against inhaled anthrax.

"Although the timing of the issuance of the rule is arguably highly suspicious," Sullivan said, "nevertheless, the rule has been issued and the principle reason for the issuance of the injunction has been addressed by the government."

Sullivan set Jan. 14 for a status hearing in the challenge brought by unnamed service members against a Pentagon policy of anthrax vaccine inoculation, John Doe et al vs. Rumsfeld.