Schedule a Consultation | Toll Free: 1-800-678-1307
Trial lawyers specializing in personal injury and civil litigation

U.S. Supreme Court holds vaccine makers immune from product design lawsuits

This week, the U.S. Supreme Court voted 6-2 to grant immunity to vaccine makers.  The ruling was in the case of Bruesewitz v. Wyeth, and arose out of Hannah Bruesewitz' parents' claim that she suffered a permanent brain injury after being administered a standard diptheria, tetanus and pertussis vaccine.  Hannah's parents claimed  that Wyeth negligently designed the vaccine, but the Court held it didn't matter:   the Justices concluded that a Congressional bill intended to provide limited compensation to some patients who suffer side effects impliedly created immunity for the  manufacturers--even though the bill does not say that.  

The real foundation for this ruling is a combination of issues:  the hysteria caused by bogus claims--since discredited--of United Kingdom research suggesting that there was a tie between agents such as thiomersal in childhood innoculations and the development of autism; and the fact that the production of vaccines is not highly lucrative compared with other pharmaceuticals, leading to relative shortages in production.

Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
Toll Free: 1-800-678-1307
Fax: 231-929-7262