In Bruesewitz v. Wyeth, the plaintiffs are appealing to the United States Supreme Court from the Third Circuit Court of Appeals. They believe that the administrative set-up of the National Childhood Vaccine Injury Act (established in 1988) is an insufficient remedy for vaccine-related injuries. Under the Act, designed to encourage drug companies to create vaccines, injured consumers receive damages under a no-fault system, decided by the U.S. Court of Federal Claims. The petition was granted on March 8.
In this case, the Bruesewitz’s child received a standard DPT vaccine, which caused seizures and permanent neurological injury. The question presented is whether the National Childhood Vaccine Injury Act preempts all vaccine design defect claims, regardless of whether the vaccine’s side effects were unavoidable.
So what do you think? Has the National Childhood Vaccine Injury Act outlived its usefulness (assuming it was useful to begin with)?
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