SUPREME COURT OF THE UNITED STATES Syllabus BRUESEWITZ ET AL. v. WYETH LLC, FKA WYETH, INC., ET AL.
SUPREME COURT OF THE UNITED STATES Syllabus BRUESEWITZ ET AL. v. WYETH LLC, FKA WYETH, INC., ET AL.
SUPREME COURT OF THE UNITED STATES Syllabus BRUESEWITZ ET AL. v. WYETH LLC, FKA WYETH, INC., ET AL.
Interesting excerpts from: SUPREME COURT OF THE UNITED STATES Syllabus
BRUESEWITZ ET AL. v. WYETH LLC, FKA WYETH, INC., ET AL.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
https://www.supremecourt.gov/opinions/10pdf/09-152.pdf
No. 09–152. Argued October 12, 2010—Decided February 22, 2011 The National Childhood Vaccine Injury Act of 1986 (NCVIA or Act) created a no-fault compensation program to stabilize a vaccine market adversely affected by an increase in vaccine-related tort litigation and to facilitate compensation to claimants who found pursuing legitimate vaccine-inflicted injuries too costly and difficult. The Act provides that a party alleging a vaccine-related injury may file a petition for compensation in the Court of Federal Claims, naming the Health and Human Services Secretary as the respondent; that the court must resolve the case by a specified deadline; and that the claimant can then decide whether to accept the court’s judgment or reject it and seek tort relief from the vaccine manufacturer. Awards are paid out of a fund created by an excise tax on each vaccine dose. As a quid pro quo, manufacturers enjoy significant tort-liability protections. Most importantly, the Act eliminates manufacturer liability for a vaccine’s unavoidable, adverse side effects.