A “failure to warn” claim initiated on behalf of an infant who sustained severe brain damage shortly after being vaccinated is barred by the National Childhood Vaccine Injury Act of 1986, New York’s Appellate Division, 2nd Department, has ruled.

The defendants satisfied their burden under the act by demonstrating their compliance with Food and Drug Administration regulations, thereby shifting the burden to the injured infant and his co-plaintiff mother, the unanimous panel held in Militrano v. Lederle Laboratories, 10930/03.

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