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March 8, 2010
SCOTUS Accepts Vaccine Preemption Case
BNA Law Week reports:
Bruesewitz v. Wyeth,
No. 09-152. Does Section 22(b)(1) of the 1986 National Childhood
Vaccine Injury Act, which states that "[n]o vaccine manufacturer shall
be liable in a civil action for damages arising from a vaccine-related
injury or death associated with the administration of a vaccine ... if
the injury or death resulted from side effects that were unavoidable
even though the vaccine was properly prepared and was accompanied by
proper directions and warnings," preempt all vaccine design defect
claims, whether based on strict liability or negligence?
ADL
March 8, 2010 in Products Liability, Regulation | Permalink
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