By F. Edward Yazbak, MD, FAAP
Bruesewitz v Berkovitz
Different US Supreme Courts
Different Press and Public Opinions
The United States Supreme Court recent decision in Bruesewitz V. Wyeth did not only affect a family. It affected thousands, who after unsuccessfully pursuing a claim through the National Vaccine Injury Compensation Program, will no longer be able to hold a vaccine manufacturer accountable for injuries believed to be due to an FDA-approved vaccine. By its majority decision, the court indicated that such secondary lawsuits would be countering the intent of the National Childhood Vaccine Injury Act of 1986 and risking the proliferation of tort-based cases the Act was created to prevent.
On February 22, 2011, the Associated Press announced:
The article started with a harsh paragraph:
“The Supreme Court closed the courthouse door Tuesday to parents who want to sue drug makers over claims that their children developed autism and other serious health problems from vaccines. The ruling was a stinging defeat for families dissatisfied with how they fared before a special no-fault vaccine court.”