Bruesewitz v. Wyeth LLC
131 S. Ct. 1068
| SCOTUS | 2011Background
- NCVIA 1986 creates no-fault vaccine injury compensation and limits vaccine-manufacturer liability.
- Claimants may pursue compensation in the US Court of Federal Claims or sue manufacturers for torts after compensation decision.
- Act provides Vaccine Injury Table and prescribes limited causation proof; design defects are generally not required for compensation.
- Bruesewitz sued Lederle/Wyeth in state court asserting design defects under Pennsylvania law; pre-emption motion granted.
- District court and Third Circuit held state design-defect claims are pre-empted under 42 U.S.C. § 300aa-22(b)(1).
- Court grants certiorari to resolve the scope of pre-emption and the statute’s textual/structural interpretation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether NCVIA § 300aa-22(b)(1) pre-empts design-defect claims | Bruesewitz argues design claims fall outside pre-emption. | Wyeth argues all design-defect claims are pre-empted by the Act. | Pre-empts all design-defect claims against manufacturers. |
Key Cases Cited
- Shalala v. Whitecotton, 514 U.S. 268 (1995) (statutory pre-emption and compensation scheme context)
- Bates v. Dow Agrosciences LLC, 544 U.S. 431 (2005) (express pre-emption textual interpretation and surplusage concerns)
- Bruesewitz v. Secretary of Dept. of Health and Human Servs., 561 F.3d 233 (3d Cir. 2009) (pre-emption scope under NCVIA discussed by Third Circuit)
- Medtronic, Inc. v. Lohr, 518 U.S. 470 (1996) (statutory pre-emption and federal substitution principles)
- Exxon Mobil Corp. v. Allapattah Services, Inc., 545 U.S. 546 (2005) (statutory interpretation and legislative-history considerations)