Wright v. Aventis Pasteur, Inc.

Supreme Court of Pennsylvania December 28, 2011

Wright v. Aventis Pasteur, Inc., 613 Pa. 370 (Pa. 2011)

33 A.3d 1262; 2011 Pa. LEXIS 3143

Opinion of the Court

ORDER

PER CURIAM.

AND NOW, this 28th day of December, 2011, the Petition for Allowance of Appeal is GRANTED, the Order of the Superior Court is VACATED, and the matter is REMAND*371ED for proceedings consistent with Bruesewitz v. Wyeth LLC, — U.S. -, 131 S.Ct. 1068, 1082, 179 L.Ed.2d 1 (2011) (“[T]he National Childhood Vaccine Injury Act preempts all design-defect claims against vaccine manufacturers brought by plaintiffs who seek compensation for injury or death caused by vaccine side effects.”).

Petitioner’s Application for Leave to File a Supplemental Brief in Support of Petition for Allowance of Appeal is DENIED.

Reference

Full Case Name: Jacqueline WRIGHT and Howard Wright, Parents and Natural Guardians of Jared Wright, a Minor Child and in their own right v. AVENTIS PASTEUR, INC., Merck & Co., Inc., American Home Products d/b/a Wyeth, Wyeth Laboratories, Wyeth-Ayerst, Wyeth-Ayerst Laboratories, Wyeth Lederle, Wyeth Lederle Vaccines, and Lederle Laboratories c/o CT Corporation Systems. Petition of Wyeth LLC
Status: Published