Bruesewitz v. Wyeth

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
09-152	3d Cir.	Oct 12, 2010 Tr.Aud.	Feb 22, 2011	6-2	Scalia	OT 2010

Holding: The National Childhood Vaccine Injury Act, which created a no-fault program to provide compensation for vaccine-related injuries, preempts all design-defect claims against vaccine manufacturers by individuals seeking compensation for injury or death. (Kagan, J., recused.)

Plain English Holding: The National Childhood Vaccine Injury Act, which created a no-fault program to provide compensation for vaccine-related injuries, preempts all design-defect claims against vaccine manufacturers by individuals seeking compensation for injury or death.

Judgment: Affirmed, 6-2, in an opinion by Justice Antonin Scalia on February 22, 2011. Justice Breyer filed a concurring opinion. Justice Sotomayor filed a dissenting opinion, which was joined by Justice Ginsburg. (Kagan, J., recused.)

SCOTUSblog Coverage

Opinion analysis: Vaccine manufacturers immunized from design-defect liability (Matthew Scarola)
October's arguments in Plain English (Lisa McElroy)
Argument recap: Court considers vaccine design-defect liability (Matthew Scarola)
Argument preview: To what extent does the National Childhood Vaccine Injury Act of 1986 immunize vaccine manufacturers against design-defect claims? (Matthew Scarola)
Court to rule on funeral pickets (Lyle Denniston)

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Opinion Below (3d Circuit)
Petition for Certiorari (unavailable)
Brief in Opposition (unavailable)
Supplemental Brief Addressed to the Brief for the United States in American Home Products Corp. v. Ferrari (unavailable)
Amicus Brief of the National Vaccine Information Center (unavailable)

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Editor's Note :

Bruesewitz v. Wyeth

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Featured Posts

Challengers urge justices to dismiss census case after district court ruling (Updated) – Amy Howe

Reargument analysis: Justices seek a “middle position” in takings litigation case – Miriam Seifter

Argument analysis: Justices have strong views about removal of class actions – Ronald Mann

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