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Pfizer infectious news

March 15, 2010 7:00 AM UTC

The U.S. Supreme Court said it will hear Bruesewitz v. Wyeth to determine whether the National Childhood Vaccine Injury Act of 1986 preempts all design defect claims against the manufacturer of a vaccine. Last year, the U.S. Court of Appeals for the Third Circuit ruled that Russell and Robalee Bruesewitz's defect claims were expressly preempted by the vaccine act.

The plaintiffs originally filed a petition under the vaccine act in April 1995, alleging that Hannah Bruesewitz, their daughter, suffered an on-table residual seizure disorder and encephalopathy after receiving Wyeth's Tri Immunol, a diphtheria-pertussis-tetanus (DTaP) vaccine. In December 2002, the court established by the vaccine act dismissed the Bruesewitz's claim because March 1995 regulations had deleted residual seizure disorder from DTaP vaccines' injury table. The vaccine act created the Vaccine Injury Table to list the injuries and conditions that are presumed to be caused by vaccines for which individuals may seek compensation. ...