Thursday, February 24, 2011

Vaccine Litigation case against Wyeth; Justice Ginsburg, Justice Sotomayor You Rock!

As attorneys we've all had the pleasant or rather unpleasant experience of handling a case in the U.S. Court of Federal Claims covering vaccine-related injuries. What a drag! No jury, a professional "special master", stringent rules...and your respondent is basically the U.S. Government. Tough to win these cases.

To make matters worse, Congress has basically limited your options... You must bring a claim in "Vaccine Compensation Court". Recently , a decision was rendered by the U.S. Supreme Court denying a family's right(after losing in the Federal Court of Claims)to maintain a private cause of action against Wyeth. That's all we need is more protection for the pharmaceutical companies.

Justice Ginsburg and Justice Sotomayor dissented, and essentially stated that the majority opinion "disturbs the careful balance created by Congress between compensation for vaccine-injured children and providing stability to the childhood vaccine market".

Ladies, I'm proud of you!

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