Law Preempts State Vaccine Liability Claims: 3rd Circ.

Law360, New York (March 27, 2009, 12:00 AM EDT) -- The U.S. Supreme Court may end up considering whether the National Childhood Vaccine Injury Act preempts state law product liability claims after a federal appellate court issued a ruling that conflicts with one by the Georgia Supreme Court.

In a decision Friday, a three-judge panel of the U.S. Court of Appeals for the Third Circuit said that Wyeth Inc. is shielded from state product liability lawsuits because the Vaccine Act preempts all design defect claims over vaccines.

In doing so, the appellate court affirmed a finding...
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