The right to sue is a tricky one that must always receive proper consideration. It is not a simple issue; there are extraordinary costs involved in any lawsuit that goes beyond small claims, including attorney’s fees, court costs, the cost of investigations and research, and many others. Any lawsuit, regardless of whether the court deems it frivolous, is an exceedingly serious undertaking.
On one hand, it is important that lawsuits do not waste society’s time and money. Few people benefit from lawsuits such as that of the infamous criminal who filed for injury claims against the homeowner whose residence he’d broken into. These suits take up time and money without merit, and there is a legitimate need to be sure these cases are not crowding out genuine ones.
On the other hand, people must have the right to bring lawsuits forward when they genuinely believe their interests have been harmed. Apologies and explanations are nice, but when negligence or incompetence cause serious harm, the costs can be high and people need recourse to protect themselves and those they love.
These issues and more are at stake in the case of Hannah Bruesewitz. Bruesewitz developed mental impairments after receiving a vaccine for diphtheria, tetanus, and pertussis. Her parents have been working through the court system, attempting to receive leave to file a pharmaceutical negligence suit against the makers of the vaccine, the pharmaceutical lab Wyeth. Thus far their efforts have been denied, and the case has reached the U.S. Supreme Court. The justices of the Supreme Court have agreed to consider the case. Hearings are expected to begin this fall.
The case is complex. Wyeth pulled the vaccine from the market in 1998, but two tiers of courts have rejected the appeal already. Neither side has a definitive claim that makes the case clear on the face of it, so it is comforting that the Supreme Court has agreed to review the matter. The highest US Court rejects many cases each year, and hears many others. Regardless of the ultimate decision, victims can at least draw comfort that the highest legal authority in the land is willing to give their cases the same regard as others.
