In a 6-2 decision, the Supreme Court recently ruled that the companies that make vaccines are protected from product liability law. A couple had sought monetary damages after their daughter, Hannah Bruesewitz, fell ill after some normal childhood vaccinations.
The Bruesewitz family said that after the third injection, the cognitive development of their daughter slowed dramatically and she developed seizures and other health problems that continue to this day. She was six-months-old at the time of the vaccinations, but is a teenager today. The family insists that the girl’s medical problems were a side-effect of the vaccine.
For years, the vaccine manufacturer, Wyeth, has denied that there is any connection between the girl’s condition and its vaccine. The US high court ruled that Wyeth, which is owned by Pfizer Inc, the world’s largest pharmaceutical company, is not subject to the liability laws that apply to most products.
Why Protect Drug Makers from Product Liability Lawsuits?
The Supreme Court ruled that these particular kinds of lawsuits were preempted by a 1986 law, the National Childhood Vaccine Injury Act, which created a national compensation program for vaccine-injury claims, and also gave vaccine makers protection from these types of lawsuits. The law says that complaints have to be brought before a special tribunal where the Bruesewitz family had plead and lost its case. Afterward, they contacted product liability attorneys and filed suit.
Defective Product Liability Still Exists
Fortunately for the public, product liability laws still apply to most companies and products. Normally, a company is held responsible for any defect that may cause harm or death. Typical causes in defective product cases include warranty obligations, negligence, manufacturing and design problems and failure to warn about the problems. It’s important to emphasize that this Supreme Court decision only affects vaccines, not other products.
Contact a Product Liability Attorney Los Angeles
If you or anyone you know has been injured or killed as a result of a product defect, you need to speak to our product liability lawyers for more information on how you can get proceed with all of your legal rights. Call 877-702-7274 to speak to an experienced product liability lawyer today.
