Bruesewitz v. Wyeth

Hannah Bruesewitz, the daughter of the main petitioners in the case, received Wyeth's Tri-Immunol DTP vaccine as part of childhood immunizations.

The case was removed to the local federal court, which held that the claim was preempted by a section of the National Childhood Vaccine Injury Act of 1986.

[1] A petition for a writ of certiorari was granted on March 8, 2010, bringing the case to the Supreme Court.

The Court, in a 6-2 opinion by Justice Antonin Scalia, held that the "plaintiffs design defect claims [were] expressly preempted by the Vaccine Act."

Thus, the court affirmed laws that vaccine manufacturers are not liable for vaccine-induced injury or death if they are "accompanied by proper directions and warnings.