Posted On: March 29, 2010 by Pennsylvania Personal Injury Attorney

Supreme Court Reviews Pennsylvania Product-Liability Suit

The teenage daughter of a Pennsylvania family has been suffering with residual seizure disorder since she was 6-months-old, says, and her parents believe the illness is due to a vaccination she received as an infant. The preventative was ordered in the mid-90s to shield the child from diphtheria, tetanus and pertussis. But instead of simply providing the family’s new daughter with immunity from disease, the vaccine allegedly had other negative physical, mental, and emotional side effects on the girl during her formative years. The childhood impacts caused irreversible damage and left the girl a life-long dependent.

In 2009, the Pennsylvania family sued the vaccine manufacturers, Wyeth, who had become a branch of larger brand Pfizer Inc. that same year. But the suit was overruled by federal legislation that cited a 1986 law, the National Childhood Vaccine Injury Act that protected vaccine manufacturers from product-liability lawsuits. The act stated that makers of an anti-body could not be brought to trial if their product caused immediate harm or long-term damage to recipients. However, on Monday, March 8, 2010, the Supreme Court took a harder look at the case to decide if the 1986 law did not actually interfere with the family’s lawsuit. The trial will go forth in spring or autumn 2010.

Cases of epilepsy, or Residual Seizure Disorder (RSD), affect an estimated two percent of the population. Although the case described above was specific to an infant, patients can develop RSD at any age. The U.S. Department of Health and Human Services reports that RSD can be caused by vaccination and seizures can develop in the 72 hours following a vaccine. During the subsequent 12 months, a child or adult may experience two or more seizures, and seizures in later years can be anticipated.

If you have experienced RSD, or suffered injuries as the result of a poorly manufactured vaccine, an experienced Pennsylvania defective product injury attorney is available to help you seek compensation for your personal damages. Faulty products that jeopardize the health and safety of honest consumers can be challenged to ensure your well-being is not left to chance. A Pennsylvania product liability case can fall into three groups: design defects, failure to give caution for known side effects, and defective manufacturing.

The professional legal team at Cherry, Fieger and Marciano, LLP has represented clients throughout Pennsylvania who have been victims of defective products, and their years of experience has helped clients receive compensation for the physical, mental, and emotional hazards imposed by these products. To receive your free and confidential consultation from an aggressive Pennsylvania defective product attorney, visit Cherry, Fieger, and Marciano, LLP at or call 888-684-7192 today.

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