Supreme Court of the United States · Official docket →
Keith M. Wilkins v. Steve Herron, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 24-80 · judgment December 23, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
When Congress amended the Food, Drug, and Cosmetic Act (“FDCA”) in 2004 to permit emergency use authorization of certain experimental drugs in a declared emergency, they did not forget to include the right of informed consent. However, since 1938, the FDCA has required that all actions under the FDCA shall be in the name of the United States. The Ninth Circuit in this case, and all other courts to have considered the issue, reject private enforcement of an individual right to informed consent for EUA authorized experimental drugs. QUESTION: May an individual bring a lawsuit via 42 U.S.C. § 1983 for violation of his right to informed consent to the administration of an EUA experimental drug or device?
Counsel of record
For petitioner
Stephen J. Joncus
Joncus Law P.C.
For respondent
Beth F. Plass
Vickers Plass, LLC
Proceedings
- Oct 06 2025Petition DENIED.
- Aug 01 2025Brief amici curiae of John Paul Beaudoin, Sr., et al filed. (Distributed)
- Aug 01 2025Brief amicus curiae of Senator Kim Thatcher filed. (Distributed)
- Jul 30 2025DISTRIBUTED for Conference of 9/29/2025.
- Jul 17 2025Waiver of right of respondent Steve Herron, et al. to respond filed.
- Jun 27 2025Petition for a writ of certiorari filed. (Response due August 1, 2025)
- Apr 22 2025Application (24A1021) granted by Justice Kagan extending the time to file until June 27, 2025.
- Apr 18 2025Application (24A1021) to extend the time to file a petition for a writ of certiorari from April 30, 2025 to June 27, 2025, submitted to Justice Kagan.