State Suit Not Preempted By Federal Vaccine Law: Ga.

Law360, New York (October 8, 2008, 12:00 AM EDT) -- Georgia's highest court ruled Monday that federal law governing compensation for childhood vaccine injuries does not preempt all state civil lawsuits claiming design defects in a case over neurological damage allegedly caused by a vaccine containing a mercury-based preservative.

The Supreme Court of Georgia unanimously affirmed a decision by the state's Court of Appeals holding that the suit brought by two parents — alleging that the presence of thimerasol in a vaccine given to their son caused his injuries — can go forward against the manufacturers...
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