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Jacqueline Wright and Howard Wright, Parents and Natural Guardians of v. Aventis Pasteur

IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT


December 28, 2011

JACQUELINE WRIGHT AND HOWARD WRIGHT, PARENTS AND NATURAL GUARDIANS OF JARED WRIGHT, A MINOR CHILD AND IN THEIR OWN RIGHT,
v.
AVENTIS PASTEUR, INC., MERCK & CO., INC., AMERICAN HOME PRODUCTS D/B/A WYETH, WYETH LABORATORIES, WYETH-AYERST, WYETH-AYERST LABORATORIES, WYETH LEDERLE, WYETH LEDERLE VACCINES, AND LEDERLE LABORATORIES C/O CT CORPORATION SYSTEMS PETITION OF: WYETH LLC

Petition for Allowance of Appeal from the Order of the Superior Court

Per curiam.

ORDER

AND NOW, this 28th day of December, 2011, the Petition for Allowance of Appeal is GRANTED, the Order of the Superior Court is VACATED, and the matter is REMANDED for proceedings consistent with Bruesewitz v. Wyeth LLC, 131 S.Ct. 1068, 1082 (2011) ("[T]he National Childhood Vaccine Injury Act preempts all design-defect claims against vaccine manufacturers brought by plaintiffs who seek compensation for injury or death caused by vaccine side effects."). Petitioner's Application for Leave to File a Supplemental Brief in Support of Petition for Allowance of Appeal is DENIED.

20111228

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