${site.data.firmName}${SEMFirmNameAlt}Veron, Bice, Palermo
& Wilson, LLC Land & Soil Contamination : Vehicle Collisions : Personal Injury

Supreme Court Hears Arguments for Vaccine Product-Liability Case

This past Tuesday, the United States Supreme Court heard arguments in a case that decides whether state courts will be allowed to hear vaccine related product liability suits. Currently, federal law created by the National Childhood Vaccine Injury Act of 1986 precludes plaintiffs from filing design defect product liability suits against vaccine manufacturers in state court.

The National Childhood Vaccine Injury Act created a special federal court called the Vaccine Court where vaccine injury claims are litigated. In response to large jury awards won by plaintiffs against vaccine manufacturers in the 1980's Congress passed the National Childhood Vaccine Injury Act in 1986 and setup the Vaccine Court out of fear that herd immunity to deadly diseases would be lost and to compensate children injured by vaccines. According to the Act, vaccine manufacturers will not be held liable "if the injury or death resulted from side effects that were unavoidable even though the vaccine was properly prepared and was accompanied by proper directions and warnings."

The plaintiffs in the case before the Supreme Court argued that their daughter's injuries were avoidable because the manufacturer had created a safer vaccine that had not yet been introduced to the market. The plaintiffs argue the vaccine their daughter received was antiquated by a more modern vaccine but the manufacturer chose to withhold the new vaccine use because it was more expensive to produce.

The plaintiffs claim that after their daughter received a diptheria, tetanus and pertussis vaccine at six months of age she developed residual seizure disorder. The plaintiff's daughter now needs care for the remainder of her life and has developmental impairments. She is now a teenager.

Source: Pittsburgh Post-Gazette, "Vaccine Makers Targeted in Lawsuit," Paula Reed Ward, 10/11/10

No Comments

Leave a comment
Comment Information
Awards & Recognition
Super Lawyers
Best Lawyers
Best Law Firms
10 Best Client Satisfaction
Louisiana Alliance
Bar Register
Multi Million Dollars
American Institute
American Jurist Institute TOP 10 Attorneys
TOP 100 Attorneys American Jurist Institute 2017

Need Help? Schedule A Free Consultation

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Our Office Location

721 Kirby Street
Lake Charles, LA 70601

Phone: 337-513-4436
Fax: 337-310-1601
Lake Charles Law Office Map

Phone Numbers

Email us