Bruesewitz v. Wyeth, LLC

1. Rule

1.1. There are several laws involved.

1.1.1. 1. Design Defect Liability

1.1.2. 2. Strict Liability

1.1.3. 3. National Childhood Vaccine Injury Act of 1986

2. Analysis

2.1. 1. Hannah's parents claimed that there was an alternative vaccine available without a design defect, which could make Wyeth liable.

2.2. 2. Strict liability does not apply to products that are inherently dangerous. In Scalia's decision he states, "[part of the law] exempts from this strict-liability rule “unavoidably unsafe products.” He then goes on to analyze the unavoidability and the safeness of the vaccine.

2.3. 3. The National Childhood Vaccine Injury Act makes all the other analyses moot. It clearly defines a recourse for patients/their guardians when they have sustained an injury as a result of a vaccine. This was put into place by Reagan's Congress to protect vaccine manufacturers and keep them willing to produce vaccines by lowering the liability risks involved. The law clearly outlines the financial and judicial process that the Bruesewitz family should follow. This was upheld by the lower courts and again by the Supreme Court.

3. Facts

3.1. 1. Hannah Bruesewitz received a vaccine from her doctor manufactured by Wyeth, LLC. A couple of hours later she began having seizures. She had over 100 seizures in the days to come. She also suffers from developmental delay.

3.2. 2. Her parents filed suit in the 'Vaccine Court', a special court set up specifically to handle vaccine injury cases. They lost and brought the case to the Pennsylvania court system.

3.3. 3. Her parents continued to appeal until the case reached the Supreme Court.

4. Issue

4.1. The issue is whether the drug manufacturer can be held liable for Hannah's health problems. There was another design for the vaccine available and they claim that this invokes product liability.

5. Conclusion

5.1. Although one may truly feel terrible for the family and know that they do deserve better, the law in this case is clear. The National Childhood Vaccine Injury Act preempts the other issues and the ruling from the lower court stands.