Supreme Court Ruling Shields Vaccine Makers from Suits

The U.S. Supreme Court ruled in a case originating in Pennsylvania that federal law shields vaccine makers from product liability lawsuits in state court seeking damages for a child’s injuries or death from a vaccine’s side effects. The high court ruled for Wyeth, which is now owned by Pfizer Inc., in a lawsuit brought by the parents of Hannah Bruesewitz, who suffered seizures as an infant after her third dose of a diphtheria-tetanus-pertussis (DTP) vaccine in 1992.

At issue was the National Childhood Vaccine Injury Act of 1986, a law adopted by Congress that created a special program to handle disputes in an effort to ensure a stable vaccine supply by shielding companies from most lawsuits. The federal program, involving what is known as the vaccine court, has awarded more than $1.8 billion for vaccine injury claims in nearly 2,500 cases since 1989. It is funded by a tax on vaccines.

Hannah Bruesewitz’s parents, Russell and Robalee Bruesewitz, claimed in their lawsuit that her seizure disorder and serious developmental delay stemmed from toxins in the vaccine’s design. They said a safer alternative had been available but was not used. The DTP vaccine was taken off the market in 1998 and replaced.

Wyeth has denied its vaccine caused the child’s injuries. After the couple’s claims were rejected under the federal compensation process, they filed suit in state court. A federal judge and a Philadelphia-based federal appeals court both ruled the 1986 federal law barred such lawsuits.The Supreme Court upheld that decision, saying the federal law preempted all such design-defect claims against vaccine manufacturers.