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Third Circuit's preemption ruling creates split on Vaccine Act.

Publication: Trial
Publication Date: 01-JUN-09 		Format: Online
Delivery: Immediate Online Access

Article Excerpt
In a case alleging that a girl developed a seizure disorder due to a diphtheria-pertussis-tetanus (DPT) vaccine, the Third Circuit has ruled that the plaintiffs' design defect claims were expressly preempted by the National Childhood Vaccine Injury Compensation Act. (Bruesewitz v. Wyeth, Inc., 561 E3d 233 (3d Cir. 2009).)

The Georgia Supreme Court came to the opposite conclusion in a different case last October. (Am. Home Prods. Corp. v. Ferrari, 668 S.E.2d 236 (2008).) The defendants in that case have petitioned for U.S. Supreme Court review, and observers have noted that the Court may be willing to take up the case to resolve the split.

Hannah Bruesewitz was diagnosed with a seizure disorder and developmental delay after receiving her third DPT shot when...

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