Vaccine Injuries Before High Court
Vaccines have caused serious injuries to children for many years. There are many legal hurdles and restrictions faced by parents and victims who seek legal redress from vaccine manufacturers for their losses. The United States Supreme Court has accepted a case in which it will determine whether drug makers can be sued by parents who claim their children suffered serious health problems from vaccines.
Last Monday the Supreme Court agreed to hear an appeal from parents who want to sue Wyeth over the serious side effects their daughter, six months old at the time, allegedly suffered as a result of the company's diphtheria, tetanus and pertussis vaccine.
According to the lawsuit, Hannah Bruesewitz was a healthy infant until she received the vaccine in April 1992. Within hours of getting the DPT shot, the third in a series of five, the baby suffered a series of debilitating seizures and continues to suffer from residual seizure disorder.
The U.S. Circuit Court of Appeals for the Third Circuit in Pennsylvania ruled against Robalee and Russell Bruesewitz, saying a 1986 federal law bars their claims. That law set up a special vaccine court to handle disputes as part of its aim of insuring a stable vaccine supply by shielding companies from most lawsuits.
The vaccine court earlier rejected the family's claims.
Drug maker Wyeth won in the appeals court but also joined in asking the court to hear the case, saying it presents an important legal issue that should be resolved. The Obama administration joined the parties in calling for high court review, although the government takes the side of the manufacturers.
The Georgia Supreme Court is the only state high court that has ruled that families can sue in a vaccine case. The vaccine industry has opposed the Georgia ruling in a case in which the parents of a child claim their son suffered neurological damage after receiving vaccine booster shots made by pharmaceutical companies Wyeth and GlaxoSmithKline that contained the preservative thimerosal.
