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Cole v. Zucker

Parents Lack Standing to Challenge Rule Over HPV Vaccines to Minor Children

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MEMORANDUM-DECISION AND ORDERI. INTRODUCTION In their complaint, Plaintiffs, all of whom are parents of children between the ages of eleven and sixteen, allege that they commenced this action against Defendant in his official capacity “to challenge the validity of the No Consent or Knowledge Rule[, 10 N.Y.C.R.R. §23.4,] to the extent it permits health care practitioners in New York State to inject Gardasil or Gardasil-9 manufactured by Merck & Co., Inc., into children without parental consent or knowledge.” See Dkt. No. 1, Complaint, at

4, 8.1 Plaintiffs assert two bases for their action: (1) “the No Consent or Knowledge Rule is invalid because 42 U.S.C. §300aa-26, part of the National Childhood Vaccine Injury Act, requires that before a child is injected with any vaccine, such as Gardasil or Gardasil-9, the parent or legal guardian of such child must be provided the Vaccine Information Statement created by the Center for Disease Control for the specific vaccine”; and (2) “enforcement of the No Consent Or Knowledge Rule is unconstitutional because it violates the Fourteenth Amendment of the United States Constitution, and enforcement is unlawful for that separate and distinct reason.” See id. at

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