High Court Weighs Vaccine Injury Preemption

Law360, New York (October 12, 2010, 7:41 PM EDT) -- The U.S. Supreme Court on Tuesday tackled the question of whether a federal vaccine law preempts injury claims under state law, in a case that could determine the scope of the pharmaceutical industry's protection from certain product liability cases.

An attorney for the parents of a girl who began suffering seizures after receiving a diphtheria-pertussis-tetanus vaccine told the high court during oral arguments that the National Childhood Vaccine Injury Act should not preclude his clients from suing vaccine maker Wyeth Inc. in state court.

But Wyeth’s...
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