Wyeth: Pa. Couple's DTP Vaccine Claim Preempted by Federal Vaccine Act

PHILADELPHIA - Wyeth has moved for summary judgment in a case brought against the company for a minor child's alleged DTP vaccine-related injuries, saying the claims are preempted by the National Childhood Vaccine Injury Act of 1986. Bruesewitz, et al. v. Wyeth, et al. No. 05-5994 (E.D. Pa.).

Wyeth filed the June 13 motion in the U.S. District Court for the Eastern District of Pennsylvania, arguing that Robalee and Russell Bruesewitz's claim that Wyeth was negligent in manufacturing its Diphtheria, Tetanus Toxoids and Pertussis (DTP) vaccine is federally preempted under the Vaccine Act. Wyeth says the Vaccine Act precludes plaintiffs …