Bruesewitz v. Wyeth, L.L.C., No. 09-152; U.S. Supreme Court; opinion by Scalia, J.; concurrence by Breyer, J.; dissent by Sotomayor, J.; decided February 22, 2011. On certiorari to the U.S. Court of Appeals for the Third Circuit.
The National Childhood Vaccine Injury Act of 1986 (NCVIA or act) created a no-fault compensation program to stabilize a vaccine market adversely affected by an increase in vaccine-related tort litigation and to facilitate compensation to claimants who found pursuing legitimate vaccine-inflicted injuries too costly and difficult. The act provides that a party alleging a vaccine-related injury may file a petition for compensation in the Court of Federal Claims, naming the Department of Health and Human Services secretary as the respondent; that the court must resolve the case by a specified deadline; and that the claimant can then decide whether to accept the court’s judgment or reject it and seek tort relief from the vaccine manufacturer. Awards are paid out of a fund created by an excise tax on each vaccine dose. As a quid pro quo, manufacturers enjoy significant tort-liability protections. Most important, the act eliminates manufacturer liability for a vaccine’s unavoidable, adverse side effects.
