Bruesewitz v. Wyeth Inc. (2011)

1. FACTS

1.1. Parties

1.1.1. Russell Bruesewitz (and family)

1.1.2. Wyeth, Inc. / Wyeth Laboratories, et al.

1.2. What Happened

1.2.1. Hannah Bruesewitz received vaccinations for diphtheria, tetanus, and pertussis (DTP) vaccine manufactured by Lederle Laboratories (now by Wyeth) in April 1992, 6 months after her birth

1.2.1.1. Within 24 hours, Hannah began experiencing frequent seizures, 100 within a month

1.2.1.1.1. Doctors diagnosed her with “residual seizure disorder” and “developmental delay"

1.3. Procedural History

1.3.1. April 1995 - Hannah's parents filed vaccine injury petition in the United States Court of Federal Claims

1.3.1.1. Special Master denied their claims on various grounds, though they were awarded $126,800 in attorney’s fees and costs

1.3.1.1.1. Bruesewitz's rejected decision

1.3.2. October 2005 filed this lawsuit in Pennsylvania state court

1.3.2.1. Claimed negligent design Lederle Labs

1.3.2.1.1. Determined that federal law can protect against some negligence design-defect claims

1.3.3. 2010 - US Supreme Court grants certiorari

2. ISSUE BEFORE THE COURT

2.1. To determine whether a preemption provision enacted in the National Childhood Vaccine Injury Act of 1986 bars state-law design-defect claims against vaccine manufacturers.

3. RULE OF LAW

3.1. Does situation violate National Childhood Vaccine Injury Act (1986)?

3.1.1. Is there a clear correlation between vaccine administration and side effect?

3.1.1.1. Was side-effect inevitable, or unavoidable?

3.1.1.1.1. Was there negligent design of the vaccine?

4. APPLICATION

4.1. Vaccine's design not in question

4.2. Language called into question within both the plaintiff's arguments as well as those in the law is inconsequential

4.3. Design defects are not a basis for liability, as they are not mentioned in FDA law, or in the NCVIA

5. CONCLUSION

5.1. US Supreme Court affirms decision made by Circuit Court