Tuesday, October 12, 2010

Supreme Court Decides Today on Vaccine Producer Liability

From the NYTimes:
The safety of vaccines is at the heart of a case expected to be heard on Tuesday by the United States Supreme Court, one that could have implications for hundreds of lawsuits that contend there is a link between vaccines and autism.
It will be interesting to see how the Supreme Court handles the issue. The fact that the government set up an administrative law court to deal with liability marks vaccines as a curious topic. The liability resides with and, subsequently, any compensation comes from the government, not the vaccine producers. (I wonder whether there is a precedent for this for any other drug or pharmaceutical product?)
Under the 1986 National Childhood Vaccine Injury Act, such claims typically proceed through an alternative legal system known as “vaccine court.” Under that system, a person is compensated if their injury is among those officially recognized as caused by a vaccine.
While I doubt it's as critical as the article paints it, today's decision will definitely have some impact on future vaccine discussion and practice.
M. Beck, a lawyer in Philadelphia who defends makers of drugs and medical devices, said in a phone interview that a ruling in favor of the Bruesewitzes would allow hundreds of lawsuits asserting a link between vaccines and autism to go forward. “If these cases go forward, it will make it economically unfeasible for anyone to make vaccines in this country,” said Mr. Beck.
UPDATE here: http://online.wsj.com/article/BT-CO-20101012-711625.html