Press Release

Do No Harm Lawsuit Against Pfizer to Move Forward After Second Circuit Reversal  

  • By Do No Harm Staff
  • January 10, 2025

RICHMOND, VA; January 10, 2024 – Today, the Second Circuit Court of Appeals reversed a previous decision and affirmed Do No Harm’s standing in its lawsuit against Pfizer over a racially discriminatory fellowship program.  

“We are pleased the Second Circuit has reversed course and correctly recognized our right to protect our members in the district court. Protecting the anonymity of association members is crucial to prevent intimidation when brave individuals speak out against powerful organizations for their unconstitutional practices,” said Do No Harm Chairman Dr. Stanley Goldfarb. “While Pfizer tried to hide behind process and procedure, they now will have to answer for their discriminatory and illegal fellowship program. We look forward to continuing our fight to oust corrosive identity politics wherever it exists in medicine.” 

Background 

  • On September 15, 2022, Do No Harm first sued Pfizer on behalf of two of its members over Pfizer’s Breakthrough Fellowship Program, which excluded Asian American and white applicants.
  • According to the lawsuit, the Breakthrough Fellowship Program’s exclusion of Asian American and white applicants violates the Civil Rights Act, the Affordable Care Act, the New York State Human Rights Law, and the New York City Human Rights Law. 
  • In December 2022, the district court dismissed Do No Harm’s case, citing lack of standing. Do No Harm appealed that decision and in October 2023, argued before the U.S. Court of Appeals for the Second Circuit in New York.  
  • In March 2024, the Second Circuit ruled that Do No Harm must identify, by name, the members on behalf of which it is suing to have standing.  
  • Now, following review, the Second Circuit has reversed that previous decision. Do No Harm will continue to challenge Pfizer’s racial exclusion in the district court.  

More information on the lawsuit can be found here: Do No Harm v Pfizer 

Do No Harm, established in April 2022, has rapidly gained recognition and made significant strides in its mission to safeguard healthcare from ideological threats. With 15,000 members, including doctors, nurses, physicians, and concerned citizens across all 50 states and 14 countries, DNH has achieved over 10,000 media hits in top-tier publications and garnered widespread attention through numerous broadcast news appearances.