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On October 12, 2010, the Supreme Court heard oral argument in Bruesewitz v. Wyeth, Inc. This case concerns the National Childhood Vaccine Injury Act, which protects vaccine manufacturers from liability for certain injuries caused by their vaccines; injured patients receive compensation from the government instead of the vaccine manufacturers. The question in this case is whether that immunity applies when the victim claims that the design of the drug created an avoidable and unnecessary risk to patients.

To discuss the case, we have Mark A. Behrens, who is a partner at Shook, Hardy, & Bacon L.L.P.

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