Friday, October 8, 2010
Bruesewitz v. Wyeth: the fourth torts case to watch in the Supreme Court
Next Tuesday, the US Supreme Court will hear oral arguments in Bruesewitz v. Wyeth, a fourth very important torts case before the court this term. In the case, the Court is asked to decide whether Section 22(b)(1) of the National Childhood Vaccine Injury Act of 1986 — which 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 warning” — preempts all vaccine design defect claims, regardless whether the vaccine’s side effects were unavoidable. As Pharmalot explains, the case is being closely watched because of the enormous health and legal implications for drugmakers and parents. For more information on this case go to Pharmalot. For all the briefs, the opinion of the lower court and other legal documents go here. Next Tuesday afternoon/evening or Wednesday morning you will be able to find a copy of the transcript of the oral argument and at the end of the week you will also be able to find the recording of the argument here also.