Pre-emption is the buzz word at the U.S. Supreme Court this year, and the 3rd U.S. Circuit Court of Appeals may just have done its part to pump up the volume of that buzz.
In a ruling that could prompt the justices to take up yet another significant pre-emption case in the area of drug products liability, the 3rd Circuit 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.
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