High court will hear parents' vaccine case

WASHINGTON - The U.S. Supreme Court will decide whether drugmakers can be sued by parents who say their children suffered serious health problems from vaccines.

The justices yesterday agreed to hear an appeal from parents in Pittsburgh who want to sue Wyeth over the serious side effects their daughter, 6 months old at the time, allegedly suffered as a result of the company's diphtheria, tetanus, and pertussis vaccine.

The U.S. Court of Appeals for the Third Circuit in Philadelphia ruled against Robalee and Russell Bruesewitz, saying a 1986 federal law barred their claims.

That law set up a special vaccine court to handle disputes as part of its aim of ensuring a stable vaccine supply by shielding companies from most lawsuits.

Although Wyeth, now owned by Pfizer Inc., prevailed at the appeals court, it joined in asking the Supreme Court to hear the case, saying it presented an important and recurring legal issue that should be resolved.

Pfizer said in a brief statement yesterday that it was pleased the court would hear Bruesewitz v. Wyeth.

The Obama administration joined the parties in calling for Supreme Court review, although the government takes the side of the manufacturers.

Only one state appeals court, the Georgia Supreme Court, has ruled that families can sue in a vaccine case. The vaccine industry has fiercely opposed the Georgia ruling in the case of Marcelo and Carolyn Ferrari. They say their son suffered neurological damage after receiving vaccine booster shots made by Wyeth and GlaxoSmithKline that contained the preservative thimerosal.

The family has since withdrawn its lawsuit, possibly in an effort to avoid an unfavorable Supreme Court ruling, although the Georgia court's opinion allowing similar lawsuits remains in force.

The court did not act yesterday on the Glaxo/Wyeth appeal, but the eventual decision in the other Wyeth case almost certainly will apply to the Georgia case.

According to the lawsuit, Hannah Bruesewitz was a healthy infant until she received the diphtheria, tetanus, and pertussis vaccine in April 1992. Within hours of getting the shot, the third in a series of five, the baby suffered a series of debilitating seizures. Now a teenager, Hannah suffers from residual seizure disorder, the suit says.

The vaccine court earlier rejected the family's claims.