Wednesday, February 23, 2011

Bruesewitz v. Wyeth

In a 6-2 decision, the United States Supreme Court upheld preemption:  “We hold that the National Childhood Vaccine Injury Act preempts all design-defect claims against vaccine manufacturers brought by plaintiffs who seek compensation for injury or death caused by vaccine side effects.”   Justice Antonin Scalia wrote the majority opinion.  Justices Sonia Sotomayor and Ruth Bader Ginsburg dissented, stating the high court was imposing “its own bare policy preference over the considered judgment of Congress.”  Justice Elena Kagan recused herself.  Coverage from The Christian Science Monitor is here; the opinion (pdf) is here; TortsProf coverage of last month's AALS panel on vaccines is here.

--CJR

http://lawprofessors.typepad.com/tortsprof/2011/02/bruesewitz-v-wyeth.html

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