The U.S. Supreme Court heard opening arguments in Bruesewitz v. Wyeth, Inc., Docket No. 09-152 involving the National Childhood Vaccine Injury Act of 1986 and vaccine manufacturer liability. The case was brought by the family of Hannah Bruesewitz, a Pennsylvania teen whose seizure disorder surfaced after she received a diphtheria, tetanus, and pertussis vaccine made by Wyeth.

Links to the docket and various briefs are presented below. The Questions Presented summary is presented in full text here:

“Section 22(b)(1) of the National Childhood Vaccine Injury Act of 1986 [“the Act”] expressly preempts certain design defect claims against vaccine manufacturers “if the injury or death resulted from side effects that were unavoidable even though the vaccine was properly prepared and was accompanied by proper directions and warnings.” 42 U.S.C. § 300aa-22(b)(1). A-104.
“The Question Presented is:
Whether the Third Circuit erred in holding that, contrary to its plain text and the decisions of this Court and others, Section 22(b)(1) preempts all vaccine design defect claims, whether the vaccine’s side effects were unavoidable or not?”

http://www.abanet.org/publiced/preview/briefs/oct2010.shtml#09152

Merit 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 Glaxosmithkline LLC, Merck Sharp & Dohme Corp. (Formerly Known As Merck & Co., Inc.), And Sanofi Pasteur Inc. in Support of Respondent

– Brief for Washington Legal Foundation in Support of Respondent

– Brief for United States of America 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 the Chamber of Commerce of the United States of America in Support of Respondent

– Brief for Kenneth W. Starr and Erwin Chemerinsky in Support of Petitioners Urging Reversal