March 12th, 2010

Supreme Court Vaccine Case Causes Drug Manufacturer Controversy.  The US Supreme Court has agreed to hear a case and determine whether or not parents of a child who is believed to have been injured by a vaccine can sue a drug company.

In 1986, a law was put into effect that created a special vaccine court.  The reason that the law was put into place was to shield drug manufacturers from potential lawsuits and ensure that the supply of required vaccinations remained stable.

The 3^rd US Circuit Court of Appeals in Philadelphia ruled against a plaintiff seeking to sue a drug manufacturer of a vaccine that is believed to have harmed their infant, citing the 1986 law.

The only state court to rule that drug makers can be sued for vaccine induced injuries is Georgia, although plaintiffs in that case withdrew their lawsuit against the drug maker.  The ruling from the Georgia court is still used in precedent for cases like this.

Parents that claim that a mercury based preservative found in many vaccines, Thimerosal, is responsible for autism are very interested in the current case that will be argued upon the Supreme Court. According to the Associated Press, the vaccine “concluded that vaccines aren’t to blame for autism, disappointing thousands of families hoping to win compensation and others who remain convinced of a connection.”

The Obama administration helped push the high court to hear the case in question, although typically the government will side with drug manufacturers.  The case will be argued in the fall and its effects could have a drastic effect on the landscape of drug manufacturers

Source:

Associated Press

Photo Credit: Morguefile.com free photo