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...
To view the full article, register now.

UK Financial Services

UK Financial Services

Read Our Latest UK Financial Services Coverage

Financial Services Law360 UK provides breaking news and analysis on the financial sector. Coverage includes UK and European Union policy, enforcement, and litigation involving banks, asset management firms, and other financial services organizations.