Immunizing Vaccine Manufacturers From State Claims

Law360, New York (March 3, 2011, 4:59 PM EST) -- On Feb. 22, 2010, the U.S. Supreme Court held in Bruesewitz v. Wyeth[1] that the National Childhood Vaccine Injury Act of 1986 (NCVIA) preempts state design defect common law claims against vaccine manufacturers for injury or death caused by a vaccine’s known and disclosed side effects.

This vaccine preemption decision is consistent with the court’s earlier decisions[2] for U.S. Food and Drug Administration-approved medical devices.

The National Childhood Vaccine Injury Act

The pertinent NCVIA section[3] states “[n]o vaccine manufacturer shall be liable ... for damages arising...
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