Bruesewitz v. Wyeth

Bruesewitz v. Wyeth

Argued October 12, 2010
Decided February 22, 2011
Full case name Russell Bruesewitz and Robalee Bruesewitz, Parents and Natural Guardians of Hannah Bruesewitz, A Minor Child, And In Their Own Right v. Wyeth Inc. F/K/A Wyeth Laboratories, Wyeth-Ayerst Laboratories, Wyeth Lederle, Wyeth Lederle Vaccines, and Lederle Laboratories
Docket nos. 09-152
Citations

562 U.S. ___ (more)

Prior history Summary judgment granted to defendants, E.D. Pa.; affirmed, 561 F.3d 233 (3rd Cir. 2009); cert. granted, 559 U.S. ___ (2010)
Argument Oral argument
Holding
The 1986 Vaccine Act preempts all vaccine design defect claims against vaccine manufacturers.
Court membership
Chief Justice
John G. Roberts
Case opinions
Majority Scalia, joined by Roberts, Kennedy, Thomas, Breyer, Alito
Concurrence Breyer
Dissent Sotomayor, joined by Ginsburg
Kagan took no part in the consideration or decision of the case.

Bruesewitz v. Wyeth, 562 U.S. ___ (2011), deals with whether a section of the National Childhood Vaccine Injury Act of 1986 preempts all vaccine design defect claims against vaccine manufacturers. The case has at its focus the issue of federal preemption.

Background

Hannah Bruesewitz, the daughter of the main petitioners in the case, received Wyeth's Tri-Immunol DTP vaccine as part of childhood immunizations. The Bruesewitzes claimed that Hannah's seizures and later developmental problems came from the vaccine. They filed suit in the "Vaccine Court", a special court within the United States Court of Federal Claims. Their petition was dismissed for failure to prove a link between the vaccine and Hannah's health problems. They proceeded to sue in Pennsylvania state court. The case was removed to the local federal court which proceeded to hold the claim preempted by a section of the National Childhood Vaccine Injury Act of 1986. The Third Circuit Court of Appeals affirmed.[1] A petition for a writ of certiorari was granted on March 8, 2010, bringing the case to the Supreme Court.

In briefings before the Court, both sides argued over the specific language of the statutory provision.

Opinion of the Court

The case was decided on February 22, 2011. The Court, in a 6-2 opinion by Justice Scalia, held that the "plaintiffs design defect claims [were] expressly preempted by the Vaccine Act." Thus, the court affirmed laws which have established that vaccine manufacturers are not liable for vaccine-induced injury or death, as long as they are "accompanied by proper directions and warnings."[2] Justices Sotomayor and Ginsburg dissented.

References

  1. ↑ Bruesewitz v. Wyeth, , Third Circuit affirms, (2008).
  2. ↑ 42 U.S.C. 300aa-22. Standards of responsibility (PDF), 2010, p. 1161

External links

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