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Bruesewitz v. Wyeth Inc.

Docket No.: 09-152
Certiorari Granted: 03/08/10
Argued: October 12, 2010
Decided: 02/22/11

Topics:

Article I, Eleventh Amendment, Medicare, immunity from suit, preemption

PartyNames: Russell Bruesewitz, et al. v. Wyeth LLC, fka Wyeth, Inc., fka Wyeth Laboratories, et al.
Petitioner: Russell Bruesewitz, et al.
Respondent: Wyeth LLC, fka Wyeth, Inc., fka Wyeth Laboratories, et al.

Court Below: United States Court of Appeals for the Third Circuit
Citation: 561 F.3d 233
Supreme Court Docket

Russell Bruesewitz, et al.
v.
Wyeth LLC, fka Wyeth, Inc., fka Wyeth Laboratories, et al.
Background:

Section 22(b)(1) of the National Childhood Vaccine Injury Act of 1986 ["the Act"] expressly preempts certain design defect claims against vaccine manufacturers "if the injury or death resulted from side effects that were unavoidable even though the vaccine was properly prepared and was accompanied by proper directions and warnings." 42 U.S.C. ยง 300aa-22(b)(1). A-104.

Question Presented:

The Question Presented is Whether the Third Circuit erred in holding that, contrary to its plain text and the decisions of this Court and others, Section 22(b)(1) preempts all vaccine design defect claims, whether the vaccine's side effects were unavoidable or not? 1 1 Whether Section 22(b)(1) of the Act encompasses both negligent and strict liability design defect claims is not at issue in this petition. Both the Ferrari court and the court below found that it encompasses both claims. See A-35; Am. Home Prods. Corp. v. Ferrari, 668 S.E.2d 236, 242 (Ga. 2008). ^

Question:

Can a federal law shield vaccine manufacturers from certain product liability lawsuits in state court that seek damages for serious health problems suffered by children?

Note:

CHIEF JUSTICE ROBERTS TOOK NO PART; HEARD ARGUMENT<br />JUSTICE KAGAN TOOK NO PART

Bruesewitz v. Wyeth Inc.
ORAL ARGUMENT

10/12/10

Listen to Oral Argument in Bruesewitz v. Wyeth Inc.
Holding: affirmed
Vote: 6-2
Recused: J.,
Opinion By:
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