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Bruesewitz - Here We Go Again

By James M. Beck and Mark Herrmann

Today the Supreme Court granted certiorari in Bruesewitz v. Wyeth., No. 09-152.  That means that the Supreme Court will resolve a split between the pro-preemption Third Circuit, and the anti-preemption Georgia Supreme Court regarding whether the Vaccine Act expressly preempts design defect claims in vaccine cases.

In what could be an important development, Chief Justice Roberts recused - shades of Warner-Lambert v. Kent.

We've been following both the Bruesewitz and the Ferrari (the Georgia one) cases for quite some time.  Here are links to our prior posts:

Ferrari at the Ga. intermediate appeal stage.
Bruesewitz at the federal district court stage.
Ferrari at the Ga. Supreme Court stage.
Bruesewitz at the Third Circuit stage.

There are other posts too, but those are the major ones.

A briefing schedule should issue soon.  You can bet we'll follow it for you.

Full post as published by Drug and Device Law on March 08, 2010 (boomark / email).