9th Circ. Affirms Merck's Win In Vaccine Wrongful Death Suit

Law360, New York (September 25, 2012, 4:14 PM EDT) -- The Ninth Circuit on Tuesday upheld a win for Merck & Co. Inc. in a wrongful death suit brought by the parents of a child who died from a vaccination, ruling that claims of strict product liability and negligence are federally preempted.

The appeals court found that Erin and Shawn Holmes could not sue for strict products liability and negligence so far as those claims were based on design defect and failure to warn, as such claims are foreclosed by the National Childhood Vaccine Injury Act...
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