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Debate on Vaccine Risks Taken to Supreme Court
The case involves the family of Hannah Bruesewitz, now 18, in a lawsuit against Wyeth in connection with a triple vaccine for diphtheria, tetanus and pertussis (DTP) that is routinely given to young children.
The justices have agreed to decide whether the case can proceed despite a law that largely exempts the makers of vaccines from liability, which the industry said was needed to encourage drugmakers to continue producing the products.
The family contends in their lawsuit that Hannah began getting seizures and that her development was affected after she received a third dose of the DTP vaccine in 1992.
Their lawyer David Frederick said the vaccine was pulled off the market in 1998 but that Wyeth continued to use the flawed vaccine for years.
The issue of side effects from vaccines has been controversial. A number of parents contend that some vaccines have led to autism in children although studies show no definitive link.
Kathleen Sullivan, attorney for Wyeth, which is now a unit of Pfizer, told the justices that allowing these kinds of lawsuits would "drive manufacturers out of the market" for vaccines.
She cited the National Childhood Vaccine Injury Act, which states that makers of vaccines cannot be held liable "if the injury and death resulted from side effects that were unavoidable even though the vaccine was properly prepared and accompanied by proper direction and warnings."
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