The U.S. Supreme Court is hearing oral arguments currently in the case of Bruesewitz v. Wyeth, in which a Pennsylvania family asserts it should be able to sue Wyeth, a division of Pfizer Inc., over injuries from side effects caused by a diphtheria, tetanus and pertussis vaccine.
According to reports in The Wall Street Journal, the family says Wyeth should have marketed a safer vaccine. The justices are debating the meaning of "unavoidable side effects" referenced in the National Childhood Vaccine Injury Act, which created a national compensation program for claims of vaccine injury, protecting manufacturers against lawsuits over injuries stemming from "unavoidable side effects."
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