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The Supreme Court Finds Design Defect Claims Preempted under the Vaccine Act

02.23.11
Yesterday, in Bruesewitz v. Wyeth, No. 09-152, the United States Supreme Court held that the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. § 300aa-1 et seq., preempts all design defect claims against vaccine manufacturers brought by plaintiffs seeking compensation for injury or death caused by a vaccine’s side effects.  The case is significant because it made clear that plaintiffs may not bring design defect claims against vaccine manufacturers under state law.