There are a number of vaccine manufacturers protected by the law known as “no-fault compensation system” for injuries linked with childhood vaccinations. The 1986 law was cited in the litigious Bruesewitz v. Wyeth LLC decision laid down by the U.S Supreme Court.
1986 Law Saves Vaccine Manufacturers
This landmark case demonstrates that personal injury lawsuits brought to the courts against vaccine manufacturers do not necessarily mean that families would win. Back in 1986, the Bruesewitz family sued Wyeth LLCunder the premise that their daughter received tetanus, diphtheria and pertussis (DTP) shortly after vaccinations given. She fell ill and became disabled due to the injuries acquired. The U.S. Supreme Court made a 6-2 ruling in favor of Wyeth LLC. The famous National Vaccine Injury Compensation Plan influenced the final decision of the U.S Supreme Court Justices. In addition to that, they upheld the decisions of two federal court judges affirming vaccine manufacturers are protected against personal injury claims due to design defect. This basically implies that lawsuits intended on seeking compensation due to injuries caused to a patient can not be considered if based on the theory that the vaccine may perhaps be made a good deal safer.
Why the Law Protects Pharmaceutical Companies
There are a few reasons why the 1986 law was put in place. One reason is pharmaceutical companies that make vaccines and other medicines don't have to worry about being sued due to injuries incurred to children. Pharmaceutical companies did not have to worry about outrageous claims made against them which could drag on for months or even years in costly court battles. So what pharmaceutical companies did was set up some sort of fund to deal with those type of situations. And through this fund, monies could be paid from the excise tax duty placed on every dosage.
For the families dealing with being the victims of wrongful deaths or personal injuries, there is an ongoing question which needs to be answered, "should there be justice sought after in going on with the case?" or "should it be recognized that everything in life can not be foreseen?" These are tough questions to make decisions on and should not be taken lightly.
Court Battles Required Experienced Attorneys
If the victims decide that a court battle is important, well then a good personal injury attorney will be needed. A very good lawyer with lots of experience may then decide if the case is strong enough.
Sources:
- Stern, AM, Markel, H (2005). The History of Vaccines and Immunization: Familiar Patterns, New Challenges.Health Aff. 24 (3): 611-621.
Marquis Canaday - I take pleasure in writing about subjects that deal with civilizations in general, world history, U.S history, economics, occasionally ...
