Less than a week after another scathing scientific report dismissing the theory that vaccines and autism are linked made international headlines, an en banc state Superior Court panel remanded the products liability case of an 11-year-old autistic boy, directing a Philadelphia trial court to determine whether the design defect claim arose from unavoidable vaccine side effects.

If the trial court ultimately finds that it did, the claim will be pre-empted by a federal law governing the liability of pharmaceutical companies for drug vaccines.