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Drug & Device News

By ALM Staff | Law Journal Newsletters |
May 26, 2010

Pre-Emption Case: ChiefJustice Will Sit This One Out

The U.S. Supreme Court has agreed to review the holding in Brueswitz v. Wyeth, but Chief Justice John Roberts Jr. will not take part. Justice Roberts also was not involved in the decision to hear the case, which asks whether children who claim they are injured by vaccines may take their cases to state court with claims of design defects after losing in the Vaccine Court. A panel of the U.S. Court of Appeals for the Third Circuit last year held in Brueswitz that an injured child's right to bring such suits was pre-empted by the1986 National Childhood Vaccine Injury Act. Justice Roberts' reason for recusal is undoubtedly related to his ownership of stock in Pfizer Inc., which took over Wyeth last year.

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