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The United States Supreme Court heard oral argument yesterday in Bruesewitz v. Wyeth, No. 09-152, in which the Court is poised to address the preemptive scope of Section 22(b)(1) of the National Childhood Vaccine Injury Act of 1986 (“the Act”).  Under the Act, design defect claims against vaccine manufacturers are expressly preempted “if the injury or death resulted from side effects that were unavoidable even though the vaccine was properly prepared and was accompanied by proper directions and warning.” 42 U.S.C. § 300aa-22(b)(1).  The Court is expected to determine whether—absent allegations that the vaccine was improperly prepared or unaccompanied by proper directions and warning—this provision preempts vaccine design defect claims categorically.  The questions asked during the argument suggest that several of the Justices are disinclined toward Plaintiffs’ position and inclined toward a broader interpretation of the Act’s preemption provision.