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Design Defect Claims Against Vaccine Manufacturers Are Preempted by Federal Law


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.