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Does the Vaccine Act preempt all design defect claims in state and federal court? Parents convinced that their children's autism has been caused by inoculations, and their attorneys, recently achieved a surprising victory on the issue when the Georgia Supreme Court ruled that a plaintiff's design defect claims are not barred by the Vaccine Act's preemption clause. Vaccine makers, despite recent decisions in the special Vaccine Court rejecting scientific evidence linking autism and vaccines, worry that the Georgia opinion could open the floodgates to litigation. They have moved for certiorari to the United States Supreme Court.
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