Vaccination Case to be Considered by the Supreme Court

Posted On December 10th, 2010 By CSSFIRM.COM

The United States Supreme Court is preparing to hear a case that involves the right of a family to sue a vaccine manufacturer. The case would allow certain families to be paid for the medical costs that occur when a child has a bad reaction to a vaccination.

Current Laws Protect the Severely Injured

As it stands, the law says that families cannot sue vaccine manufacturers directly. The only way a family can receive any sort of payment when something goes wrong is to file a claim in “vaccine court.”

If the child’s illness is on the specific list of severe vaccination illnesses, the family can be awarded money to help pay medical costs. If the child’s illness is not on the list, however, the family cannot expect any help from the courts or from the vaccine manufacturer.

Supreme Court Case Challenges Protections for Vaccine Manufacturers

The current case before the Supreme Court claims that the list of accepted illnesses should be expanded. The suit was brought by the Bruesewitz family, alleging their daughter was permanently disabled by a vaccine that should not have been used at all.

Vaccine Court Failed the Family

The Bruesewitz family tried to take their case to vaccine court, but their daughter’s particular illness was removed from the accepted illness list only a month before they filed their case. The family argues that the vaccine manufacturer knew a safer version of the vaccine was available, but instead allowed the older version remain on the market.

Opening the Way for Design Defect Claims

When the vaccine court judge denied the Bruesewitz family’s claim, the family decided to take the vaccine manufacturer to court directly. Judges in lower courts dismissed the case because the vaccine manufacturer is protected from lawsuits by the current vaccine court law.

Despite legal protections, the family wants the manufacturer to be held responsible for allowing an unsafe vaccine on the market when a safer alternative was available. The Supreme Court will decide whether the family should be compensated for alleged damage to their daughter’s health caused by the vaccine.

Hundreds of Pending Autism Lawsuits Could be Affected

If the Supreme Court rules in favor of the Bruesewitz family, hundreds of new vaccination cases may find their way into the courts. Many parents of children who suffer from Autism believe that the illness was caused by vaccinations.

Manufacturers have been protected from Autism-related lawsuits because of the current vaccination protection laws. If the Bruesewitz family wins their case, it could mean that anyone can sue a vaccine manufacturer in the future.

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If you or someone you love was injured by defective drugs or vaccines, contact our office. We will thoroughly review your case and advise you of your legal options.

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