October 10, 2010
Many Americans are unaware that vaccinations, a medical product with known side effects that can include death, are exempt from the standard jury trial system of every other product sold in the country. Drugs that you swallow, rub onto your body, take via IV infustion or even suppository – if they injure you – you can sue the manufacturer. Not so with vaccines. You have to face a special court run by the same government that approves the vaccines, often profits from their patents, mandates their use for your children and perhaps your job and promotes them via the US Public Health System using your tax dollars. You don’t get a jury of your peers, you get a judge who works for the government.
A landmark case, challenging the inability to sue a vaccine manufacturer directly, will be heard by the US Supreme Court this week.
Supreme Court Set to Hear Historic Vaccine Injury Compensation Case Chief Justice to Hear Case Sells Pfizer Shares
PRLog (Press Release) – Oct 09, 2010 – North Hollywood, CA — On Tuesday, October 12 the Supreme Court in an unprecedented move will be hearing Bruesewitz v. Wyeth, Inc., now a unit of Pfizer. The hearing will determine whether Section 22(b)(1) of the National Childhood Vaccine Injury Act of 1986 – which expressly preempts certain design defect claims against vaccine manufacturers. The historic case appeals a lower court decision that upheld a manufacturer’s immunity for a defectively designed vaccine. The outcome of this case will render important implications as to whether persons harmed by vaccines can ever – under any circumstances, sue a pharmaceutical company.
As the law stands now, a victim of vaccine injury must file in the Vaccine Court first, with a legal option to sue the manufacturer in some situations. It is this legal right that is in jeopardy and will be decided by the Supreme Court on Tuesday.
In a September 28, 2010, article The Wall Street Journal reported; Chief Justice Roberts Sells Pfizer Shares
In another case, the court is preparing to hear oral arguments next month to decide whether a federal law on vaccine injuries shields vaccine makers from certain types of product-liability lawsuits.