The last time a federal judge ordered the Centers for Disease Control and Prevention to turn over data from its COVID-19 vaccine active surveillance program - which enrolled 8.5 million participants from December 2020 to April 2021 - the public learned the earliest recipients reported a surprisingly high rate of listed moderate-to-severe adverse events following the jabs, about one-in-three.
U.S. District Judge Matthew Kacsmaryk scolded the agency throughout his memorandum and order granting the motion for summary judgment by Freedom Coalition of Doctors for Choice, saying the CDC made weak excuses for withholding the free-text entries.
Kacsmaryk set a schedule that will require the CDC to turn over a minimum of 390,000 records a month through April, 650,000 a month May-July and 780,000 a month August-January of next year.
V-safe had over 10 million users as of August 2022 who "Answer the same questions," letting regulators accurately calculate adverse-event rates, yet the CDC commits a "Shell game" by not following up for months with users who reported serious free-text reactions, he said.
"Societal reality hinged on vaccination status" for much of America through at least 2021, the feds still promote "Updated" COVID vaccines for everyone 6 months and older and they're on the child and adolescent immunization schedules many school districts follow, the judge said.
It conflated pages with characters, when the actual body of records is more like "7.8 million tweets," the judge said - noting the 280-character limit for posts on X, formerly Twitter - and 93% of it isn't covered because the CDC says only 7% includes PII. Even if every entry had PII and used the full 250 characters allowed, that would translate into 650,000 pages at the upper boundary, which is "Not surprising" for the "Largest federal project in recent history," Kacsmaryk said.
While he emphasized that FOIA rights aren't dependent on how many FOIA analysts the CDC employs and "Convenience is not relevant" to its argument, the judge said even a "Heavy" burden on the CDC wouldn't prevent production.
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