As a Florida prescription drug lawyer, I was astonished by the U.S. Supreme Court’s latest ruling in the case of Hannah Bruesewitz, who received a vaccine known as D.T.P. as an infant in 1992. The vaccine supposedly protects against diphtheria, tetanus and pertussis, and whooping cough. Since being vaccinated, she suffers from seizures and developmental problems.
The case turned on whether a 1986 law that created a vaccine victim compensation fund protects vaccine manufacturers from law suits. In the majority opinion Justice Scalia opined that the compensation fund was a “social bargain” to give vaccine manufacturers peace of mind to “avoid costly tort litigation and the occasional disproportionate jury verdict” and dismissed Hannah’s case along with the rights of any other injured child.
The effect of this ruling creates a safety issue for our children as vaccine manufacturers are now virtually immune from being held accountable for failing to make technological advancements when designing or distributing their vaccines. Thank you, Justice Scalia, for taking away the rights of injured children and protecting Wyeth and other vaccine manufacturers.
