Tuesday, February 22, 2011

Bruesewitz v. Wyeth : Decided

Flickr Photo by dbking
The US Supreme Court has handled down its decision in Bruesewitz v. Wyeth and upheld the decision of the the Third Circuit.  In a nutshell, it looks like the majority of the court found that vaccine manufacturers are not liable for design defects if their vaccines were properly licensed by the FDA and the proper warnings were provided.

Or, in other words, the only forum for vaccine injury claims is the so-called Vaccine Court.

The text of the ruling is available here.

1 comment:

  1. Why would anyone trust vaccines with a set-up like this? No guarantee that the government program will even consider a case, much less pay out money. No way to sue the manufacturer if they are lazy and make crap vaccines, continuing to use last year's model indefinitely, even if it crashes a lot. And if you do run into a problem all the medical bills and lifelong care fall on you. What a deal.