Bruesewitz v. Wyeth
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 09-152 | 3d Cir. | Oct 12, 2010 | 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, February 24, 2011)
- October's arguments in Plain English (Lisa Tucker, October 22, 2010)
- Argument recap: Court considers vaccine design-defect liability (Matthew Scarola, October 14, 2010)
- Argument preview: To what extent does the National Childhood Vaccine Injury Act of 1986 immunize vaccine manufacturers against design-defect claims? (Matthew Scarola, October 11, 2010)
- Court to rule on funeral pickets (Lyle Denniston, March 8, 2010)
Merits Briefs
- Brief for Petitioners Russell Bruesewitz and Robalee Bruesewitz, Parents and Natural Guardians of Hannah Bruesewitz, a minor child, and In Their Own Right
- Brief for Respondent Wyeth, Inc. F/K/A Wyeth Laboratories, Wyeth-Ayerst Laboratories, Wyeth Lederle, Wyeth Lederle Vaccines and Lederle Laboratories
- Reply Brief for Petitioners Russell Bruesewitz and Robalee Bruesewitz, Parents and Natural Guardians of Hannah Bruesewitz, a minor child, and In Their Own Right
Amicus Briefs
- Brief for the National Vaccine Information Center, Its Co-Founders, and 24 Other Organizations in Support of Petitioners
- Brief for Marguerite Willner in Support of Petitioner
- Brief for Mark A. Geistfeld in Support of Petitioner
- Brief for the American Association for Justice, Public Justice and Public Citizen in Support of Petitioner
- Brief for Vaccine Injured Petitioners Bar Association, The George Washington University Law School Vaccine Injury Clinic, and Zenoria Phillips Deloatch, As Personal Representative of The Estate of Moshella F. Roberts in Support of Petitioner
- Brief for Kenneth W. Starr and Erwin Chemerinsky in Support of Petitioners Urging Reversal
- Brief for the United States in Support of Respondent
- Brief of Washington Legal Foundation in Support of Respondent
- Brief for the American Academy of Pediatrics and 21 Other Physician and Public Health Organizations in Support of Respondent
- Brief for Patricia A. Buffler, Diego T. Buriot, Jose Cordero, Ronald E. Gots, Ronald Hart, Steven H. Lamm, Angus Nicoll, Onora O’Neill, Samuel Osher, James D. Watson and Richard Wilson in Support of Respondent
- Brief for Glaxosmithkline LLC, Merck Sharp & Dohme Corp. (Formerly Known As Merck & Co., Inc.), And Sanofi Pasteur Inc. in Support of Respondent
Certiorari-Stage Documents
- 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)