Bruesewitz v. Wyeth LLC, 562 U.S. 223 (2011)

Court Filing · U.S. Supreme Court (Scalia, J., majority; Sotomayor, J., dissenting, joined by Ginsburg; Kagan recused) · February 22, 2011

The Supreme Court decision behind 'Can't hardly sue the company': after exhausting the Vaccine Court, plaintiffs may not bring state design-defect suits. The Sotomayor dissent warned the holding 'leaves a regulatory vacuum in which no one ensures that vaccine manufacturers adequately take account of scientific and technological advancements.' Manufacturing-defect and (in some courts) warning claims remain theoretically possible after VICP.

we hold that the National Childhood Vaccine Injury Act preempts all design-defect claims against vaccine manufacturers brought by plaintiffs who seek compensation for injury or death caused by vaccine side effects

The Supreme Court decision behind 'Can't hardly sue the company': after exhausting the Vaccine Court, plaintiffs may not bring state design-defect suits. The Sotomayor dissent warned the holding 'leaves a regulatory vacuum in which no one ensures that vaccine manufacturers adequately take account of scientific and technological advancements.' Manufacturing-defect and (in some courts) warning claims remain theoretically possible after VICP.

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