1. Issue before court
1.1. If the No Fault Compensation Program under the National Child Vaccine Injury Act provides pharmaceutical companies absolute defense to product liability due to side-effects of vaccines.
1.1.1. Parents filed Vaccine injury petition arguing that defective design of the vaccine caused injuries to their child.
1.1.1.1. They argued that the drug manufacturer is subject to strict liability under tort law for negligent design of the vaccine
1.1.1.2. The case was dismissed in the District Court but the plaintiffs appealed to the federal court and the case was moved to the Supreme Court.
2. Conclusion
2.1. The Supreme Court ruled that as long as there was proper manufacture and warning, any side effects resulting from the vaccines are deemed unavoidable.
2.2. This ruling is important because the manufactures were protected from liability of side effects of vaccines.
3. Regulation and Analysis
3.1. Regulation
3.1.1. National Child Vaccine Injury Act (42 U.S.C. §§ 300aa-1 to 300aa-34)
3.1.1.1. This Act created a compensation programm and 'vaccine courts' with participation of the pharmaceutical companies
3.2. Application
3.2.1. The application of this ruling means that if anyone is injured as a result of vaccination, there is a special 'no-fault' tribunal that the injured party goes to file for compensation
3.2.2. The good news for the 'plaintiffs' is that there is no need to prove that the vaccine caused the injury. You just have to demonstrate that the injuries occurred after vaccination.
3.3. Business Impact
3.3.1. This ruling meant that manufacturers could nolonger be liable for side effects of vaccines. In essence, they benefit from the upward risk of the business and do not suffer the downward risk of doing business.
3.3.2. This also explains why pharmaceutical companies have accelerated the manufacture of vaccines for new outbreaks suck as Zika, Ebola, and Bird Flu. They are protected from liability and feel can afford to take more risk and shorten the vaccine production process.
4. Facts
4.1. Parties
4.1.1. Bruesewitz
4.1.2. Wyeth, Inc.
4.2. In the 1986, Congress created the National Child Vaccine Injury Act (42 U.S.C. §§ 300aa-1 to 300aa-34) with a compensation program to cover individuals who might be injured by vaccines.
4.2.1. This Act was meant to protect manufacturers from liability so they do not stop production of vaccines due to law suits.
4.3. What happened
4.3.1. Baby Hannah received standard DPT vaccine at six months in a recommended dose as per the Centers for Disease Control. Within 24 hours the child started experiencing seizures and was diagnosed with seizure disorder and development delay.