In an apparent case of first impression among Pennsylvania state courts, a judge has ruled that the federal National Childhood Vaccine Injury Act pre-empts state tort claims of design defect and failure to warn in the product liability case of an 11-year-old boy who has autism. The judge granted summary judgment for pharmaceutical defendants Aventis Pasteur, Merck and Wyeth, finding that Congress intended the Vaccine Act to pre-empt all state design defect claims without a case-by-case assessment.
Judge Rules Product Liability Suit Pre-empted by Federal Vaccine Act
The Legal Intelligencer
September 9, 2008