Supreme Court To Decide Whether Drugmakers Can Be Sued Over Vaccine Side Effects.

Supreme Court To Decide Whether Drugmakers Can Be Sued Over Vaccine Side Effects.
The AP (3/8) reported, "The Supreme Court will decide whether drugmakers can be sued by parents who claim their children suffered serious health problems from vaccines." On Monday, "the justices...agreed to hear an appeal from parents in Pittsburgh who want to sue Wyeth over the serious side effects their daughter...allegedly suffered as a result of the company's diphtheria, tetanus, and pertussis vaccine." A 1986 federal law "set up a vaccine court to handle disputes as part of its aim of insuring a stable vaccine supply by shielding companies from most lawsuits."
The Pittsburgh Post-Gazette (3/9, Sostek) reports, "Last year, the 3rd US Circuit Court of Appeals in Philadelphia ruled against the" parents, "saying that under federal law, drugmakers cannot be sued over injuries that were 'unavoidable' if the vaccine was made properly." The parents contend that their daughter's "injuries were avoidable because Wyeth could have made a safer vaccine but didn't do so quickly enough."
"Even though the company won the 3rd Circuit decision, it joined the" parents "in asking the Supreme Court to hear the case because the Georgia Supreme Court, in a separate case, ruled the 1986 law doesn't block all 'design defect' claims against companies that produce vaccines," according to the Pittsburgh Tribune-Review (3/9, Bowling). For its part, "the Obama administration has asked the Supreme Court to hear the case and to uphold the 3rd Circuit ruling." AFP (3/9) and the Wall Street Journal (3/9, Bravin, Kendall, subscription required) also cover the story.