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Troops sue to avoid anthrax vaccines
Judge had suspended program in '04 after finding fault in process for approving drug

 Members of the military sued on Wednesday to prevent the Pentagon from requiring anthrax vaccinations, the latest legal challenge over the vaccine's possible health risks.

Dr. William Winkenwerder Jr., the assistant defense secretary for health affairs, announced in October that the military would reinstate the mandatory program for troops and Defense Department civilian personnel and contractors serving in the Middle East, Central Asia and the Korean Peninsula.

A federal judge suspended the program in 2004 after finding fault in the Food and Drug Administration's process for approving the drug. Sullivan allowed the Pentagon to vaccinate on a voluntary basis.

Last December, the FDA reaffirmed its finding that the vaccine was safe.

"This is a safe and effective vaccine," Winkenwerder told reporters in October. He said the possibility of an anthrax attack is "very real and it has not gone away."

"The threat environment and the unpredictable nature of terrorism make it necessary to include biological warfare defense as part of our force-protection measures," Pentagon spokesman Lt. Col. Jeremy Martin said. "The Food and Drug Administration has repeatedly found, and independent medical experts have confirmed, that anthrax vaccine is safe and effective."

Lawyer Mark Zaid said in court documents that the FDA designation was not scientifically sound. He said the program should continue to be voluntary.

The suit was filed by six military members and defense contractors on behalf of U.S. troops worldwide. The case has not been assigned to a judge.

Winkenwerder said in October that anyone who refused the vaccine would be reminded of its importance and safety. Then, if needed, their supervisor would get involved and the matter would be resolved "like any other refusal to follow a lawful order."

He said that while significant numbers of troops refused the vaccine in 1998-99, very few have objected to taking it since then. About 10 people were discharged for refusing the vaccine in 2004, but he said he did not know how many may have refused and gotten other punishments. He was unsure what would happen if a civilian employee or contractor refused the vaccine.