Unit II Briefing Papers
Briefing Paper 1
Bruesewitz v. Wyeth LLC
Facts and Issues of Bruesewitz v. Wyeth LLC
Vaccines are serums containing weakened, dead, or partial instances of a specific virus or bacteria that imitate an infection (Understanding how vaccines work, 2013). The “infection” however, does not cause an illness and encourages the immune system to produce T-lymphocytes and antibodies. Once these are created, the body remembers how to fight the disease for the future (Understanding how vaccines work, 2013). Vaccines are regulated by the federal Food and Drug Administration or the FDA, whom approves or denies the product before made available to the public. The topic of vaccines has become a widely controversial topic within the last few decades. The risk of harm or injury caused by a vaccine became a bigger concern to the public than the disease that the vaccine is preventing. Manufactures of vaccines, vaccines against diphtheria, tetanus, and pertussis (DTP) in particular, were subjected to vaccine caused lawsuits. Due to the risk of lawsuit, manufacturers pulled out of the vaccine market. “In response, the US Congress enacted the National Childhood Vaccine Injury Act of 1986 (NCVIA)” (Bruesewitz v. Wyeth LLC, 2011). The NCVIA basically states that a vaccine manufacturer is not liable for damages, death, or injury caused by a vaccine if the vaccine was administered after October 1, 1988 and was a result of an unavoidable side effect where the vaccine was properly prepared and the directions and warnings followed.
In the case of Bruesewitz v. Wyeth LLC, the parents of Hanna Bruesewitz filed a lawsuit against Lederle Laboratories (later Wyeth LLC). Lederle was the manufacturer of a DTP vaccine that was administered to Hanna by her pediatrician in April of 1992. Within 24 hours after the administration of the vaccination Hanna began to experience seizures. The Bruesewitz’s original vaccine injury petition was denied by a Special Master....