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Litigation Upfdate

By David R. Geiger and Creighton K. Page
July 26, 2011

Supreme Court Holds Federal Vaccine Statute Expressly Preempts All State Law Design Defect Claims Against Vaccine Manufacturers Rather Than Only Claims Where Injury Could Not Have Been Avoided By Feasible Alternative Design

In Bruesewitz v. Wyeth LLC, 131 S. Ct. 1068 'Feb. 22, 2011), a child's pediatrician administered doses of the diphtheria-tetanus-pertussis (DTP) vaccine according to the Center for Disease Control's recommended childhood immunization schedule. Within 24 hours of her vaccination, the child began to experience seizures, suffering over 100 of them within a single month. Her doctors eventually diagnosed her with “residual seizure disorder” and “developmental delay.” Thereafter, the child's parents commenced a proceeding seeking compensation for her injuries pursuant to procedures set forth in the National Childhood Vaccine Injury Act of 1986 (NCVIA).

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