Thursday, April 2, 2009
More on the recent case re preemption of claims for damages caused by vaccine
Last Friday I posted a note on a recent preemption case out of the 3rd Circuit. Today Law.com published a short article on the case - available here - arguing the ruling could prompt the Supreme Court to take up yet another significant pre-emption case in the area of products liability. The case held 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.