The 3rd Circuit has ruled that children allegedly injured by vaccines are barred from pursuing any design defect claims because Congress expressly prohibited such suits in an effort to guarantee immunity to manufacturers. By rejecting the analysis of a recent ruling from the Georgia Supreme Court, the 3rd Circuit ruling creates a direct split between the federal courts and a state's highest court on the question of how broadly courts should read the pre-emption clause in the National Childhood Vaccine Injury Act.
3rd Circuit: Kids Hurt by Vaccines Can't Pursue Design Defect Claims
The Legal Intelligencer
April 2, 2009