The Supreme Court just ruled to maintain the National Childhood Vaccine Injury Act (NCVIA), 6-2. This is the Act that protects vaccine manufacturers from frivolous tort litigation, so of course the anti-vaxxers hate the decision because this means they’ve more or less lost their battle in the U.S. courts for good. Sure, another controversial case favorable to their position could end up in the Supreme Court in the future, but it’s not likely. So with their embarrassing defeat in the Autism Omnibus cases and now the Supreme Court standing behind the NCVIA, they’ve really got no place left to go.
And of course they’re bitching about this defeat over at Age of Autism, and as always, preferring to invent a conspiracy rather than acknowledge the actual facts. For instance, they still refuse to acknowledge regulatory compliance policies and other measures to reign in the vaccine manufacturers in favor of presenting a woefully naive version of reality where these companies are given total freedom to do whatever they want and show callous disregard for public safety when nothing can be further from the truth, as the Court decision makes clear. That’s where the Court of Federal Claims comes in. It compensates people by letting them petition the government directly. And if a vaccine is not prepared properly or doesn’t have proper directions and warnings, that is grounds for a legitimate lawsuit against the manufacturers. The only thing vaccine manufacturers are being protected from are unavoidably unsafe products.
So who dissented? Shockingly, Justices Sotomayor and Ginsberg with Kagan abstaining. Which only makes me want to scream, WHAT THE FUCK?! It is truly a dark day when I’m forced to side with guys like Justices Scalia and Thomas over the more liberal Justices. Sullivan summarizes what this ruling means over at Left Brain/Right Brain here and at the Vaccine Times here.
The anti-vaxxers have been utterly defeated in the court of science and the court of law. And it seems even the media is mostly through pretending they’re not loons. I’d say we’re definitely beginning to finally turn the tide against this preposterous pseudoscience.
[UPDATE: Orac also covered this story here.]
- Vaccine Maker Wins in High Court (news.sciencemag.org)
- You: Supreme Court rules vaccine makers protected from lawsuits (washingtonpost.com)
- Supreme Court decides Bruesewitz v. Wyeth (leftbrainrightbrain.co.uk)