2011: Vaccines are “Unavoidably Unsafe”

In 2011, the U.S. Supreme Court ruled in Bruesewitz vs. Wyeth that FDA licensed vaccines are “unavoidably unsafe” and effectively granted vaccine manufacturers a full liability shield, even when there was evidence a company could have made a vaccine safer.

 

 

The case was decided on February 22, 2011. 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.”

 

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