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Torts Keyed to Miller
Bruesewitz v. Wyeth LLC
Citation:
131 S.Ct. 1068 (2011)Facts
Russell and Robalee Bruesewitz (Plaintiffs) sued a drug company, Wyeth LLC (Defendant), after their daughter started developing seizures and was hospitalized for weeks two hours after she received her six-month diphtheria, tetanus and pertussis vaccine in 1992. She continued to suffer from residual seizure disorder that required her to receive constant care. Plaintiffs claimed the drug company failed to develop a safer vaccine and should be held accountable for preventable injuries caused by the vaccine’s defective design. A federal judge dismissed the lawsuit, ruling that a federal statute protected Wyeth from lawsuits over vaccine injury claims.
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