Wednesday, March 10, 2010

More information on the vaccine preemption case

As published in Pharmalot: "The US Supreme Court has agreed to determine whether a federal law on vaccine injuries shields vaccine makers from certain types of product-liability lawsuits. The court will review a Pennsylvania lawsuit filed by a couple who allege their 6-month-old daughter developed residual seizure disorder after being vaccinated with a DTP vaccine made by Wyeth. . . . . A federal appeals court ruled last year the lawsuit was preempted by the National Childhood Vaccine Injury Act of 1986, which created a national compensation program for vaccine-injury claims, but also shielded vaccine makers from some lawsuits . . .
[In contrast], two years ago, the Georgia Supreme Court allowed a family to pursue a lawsuit claiming their son suffered a severe disability after receiving several vaccines . . .
The White House is siding with vaccine makers in the Georgia case [arguing] in a brief [by the Solicitor General] that the [decision of the] Georgia court . . . could impede vaccine development and production . . . [Similarly, in the Pennsylvania case, Wyeth has argued tha] the supply of childhood vaccines could be threatened by increased litigation if the Supreme Court decides in favor of the family.]

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