New York and Vermont Add to 16‑State Suit Over HHS Vaccine Reclassification

Sixteen states and Pennsylvania’s governor asked a federal judge in San Francisco to overturn the Department of Health and Human Services’ January decision that removed seven vaccines from universal childhood recommendations. An amended complaint filed Oct. 2 in the U.S. District Court for the Northern District of California added New York and Vermont as plaintiffs and named CDC Director Erica Schwartz as a defendant.

The seven vaccines protect against rotavirus, meningococcal disease, hepatitis A, hepatitis B, influenza, COVID‑19 and respiratory syncytial virus (RSV). Under the new schedule, they were moved from universal recommendations into “shared clinical decision‑making” or into recommendations for higher‑risk children.

For families, the case matters beyond courtroom procedure. Federal recommendations dictate what insurers must cover at no cost, what the Vaccines for Children program supplies and which shots pediatric offices treat as routine. Parents preparing for fall checkups and flu shots are watching a legal battle that could determine which guidelines ultimately stand.

Two New States and a Second Try on Advisory Panel Claims

The lawsuit, Arizona et al. v. Kennedy, was originally filed on Feb. 24, 2026, by fourteen states and Pennsylvania Governor Josh Shapiro before Judge Vince Chhabria. On Sept. 8, Chhabria allowed the core challenge to proceed but dismissed, for lack of standing, the states’ effort to remove Kennedy’s appointees to the Advisory Committee on Immunization Practices (ACIP), giving them 21 days to amend.

“The states plausibly allege that demoting a vaccine from ‘universally recommended’ to ‘shared clinical decision‑making’ will predictably lead to less vaccine uptake,” the judge wrote, according to reporting.

The amended complaint again seeks to declare the Kennedy schedule and the appointments of Kennedy’s appointees unlawful and to set them aside. It alleges the schedule was adopted through a Jan. 5 decision memo signed by the heads of NIH, CMS and FDA, bypassing ACIP review and public comment. The states also cite a May 19, 2025, email from an HHS deputy chief of staff, disclosed by a Senate committee, requesting that the next ACIP meeting include votes on “joint decision making” for hepatitis B. The claims have not been tested at trial.

Announcing New York’s entry on Oct. 5, Attorney General Letitia James said in a press release: “Every parent wants their child to grow up healthy and protected from preventable diseases. For decades, these vaccines have kept millions of children out of the hospital and saved countless lives.”

HHS Defends a Smaller Schedule Built Around Peer Nations

HHS portrays the change as a streamlining effort. In the January CDC announcement, Secretary Robert F. Kennedy Jr. said, “This decision protects children, respects families, and rebuilds trust in public health.” Then‑acting CDC Director Jim O’Neill added, “The data support a more focused schedule that protects children from the most serious infectious diseases while improving clarity, adherence, and public confidence.”

An HHS fact sheet noted that in 2024 the U.S. recommended more childhood vaccine doses than any peer nation, and more than twice as many as some European countries. The agency also cited a decline in public trust in health authorities from 72 % to 40 % between 2020 and 2024. The schedule followed a presidential directive to benchmark practices in developed nations, a comparison the states dispute.

HHS has not responded to requests for comment on the amended filing, according to Bay News 9. No public statement from HHS on the amended complaint was found as of Oct. 6.

Shots Remain Available and Covered While Courts Sort It Out

None of the seven vaccines has been banned. Children can still receive them. CMS Administrator Dr. Mehmet Oz said in January that all CDC‑recommended vaccines would remain covered by insurance without cost sharing. The HHS fact sheet affirmed that vaccines recommended as of Dec. 31, 2025, would stay covered under ACA plans, Medicaid, CHIP and the Vaccines for Children program, with families not required to pay out of pocket.

A separate case brought by the American Academy of Pediatrics led a federal judge in Boston to stay the January schedule on March 16, restoring the earlier June 2024 schedule. The pediatricians’ lawsuit was paused pending an appeals court argument scheduled for Oct. 6. Insurers have extended a voluntary vaccine‑coverage pledge through 2027, though it does not bind every plan. Families in self‑funded employer plans or without insurance face the most uncertainty. New York has enacted two laws decoupling insurance coverage, school immunization requirements and pharmacists’ authority to vaccinate from ACIP recommendations, according to James’ office.

Parents can discuss which vaccines a child is due for with their pediatrician, confirm coverage with their plan before a visit, and locate Vaccines for Children clinics through local health departments if uninsured. Infants, children with chronic conditions and families in states lacking similar coverage protections have the most at stake if recommendations shift again.

Appeals Argument in Boston and Next Steps in San Francisco

The First Circuit will decide whether the Boston stay remains in place, while Judge Chhabria will consider whether the amended California complaint resolves the standing issues identified in September. No final ruling has been issued on the legality of the January schedule, and the states’ allegations about its adoption have not yet been tested in trial. The amended filing does not alter current recommendations.

For now, the vaccines remain available, coverage protections are in place through several channels, and parents can continue routine visits with their child’s clinician. MedicalDaily will continue to follow both cases as rulings are issued.

Key Questions Answered

What changed in the states’ lawsuit?

An amended complaint filed Oct. 2 added New York and Vermont as plaintiffs, bringing the total to 16 states plus Pennsylvania’s governor. It named CDC Director Erica Schwartz as a defendant and again challenges the Kennedy schedule and Kennedy’s ACIP appointments.

Which seven vaccines are involved?

The vaccines protect against rotavirus, meningococcal disease, hepatitis A, hepatitis B, influenza, COVID‑19 and RSV. The January schedule moved them from universal recommendations into shared decision‑making or risk‑based categories.

When did the lawsuit begin, and where is it?

Fourteen states and Pennsylvania Governor Josh Shapiro filed the suit on Feb. 24, 2026, in the U.S. District Court for the Northern District of California before Judge Vince Chhabria.

Can my child still get these vaccines?

Yes. None of the vaccines have been banned. A March stay in Boston restored the earlier schedule, so children can still receive the vaccines.

Will insurance still pay for them?

HHS said vaccines recommended as of Dec. 31, 2025, would remain covered without cost sharing under ACA plans, Medicaid, CHIP and Vaccines for Children. Families should verify coverage, especially for self‑funded employer plans.

What reasons has HHS given for the change?

HHS argued the U.S. recommended more childhood doses than peer nations and that a more focused schedule would improve clarity and public trust. HHS had not publicly responded to the amended complaint as of Oct. 6.

What happens next?

The First Circuit is reviewing the Boston stay, and Judge Chhabria will consider whether the amended California complaint can proceed. Either decision could affect which federal recommendations apply.

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