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Design Defect Claims Against Vaccine Manufacturers Are Preempted by Federal Law

On March 9, 2011 by Schnader

On February 22, 2011, in Bruesewitz v. Wyeth, Inc., the U.S. Supreme Court held in a 7-2 decision that the National Childhood Vaccine Injury Act of 1986 (“Vaccine Act”) preempts all design defect claims brought against vaccine manufacturers. This Alert discusses the recent opinion.