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Vaccine suit not preempted, Georgia high court says.

Publication: Trial
Publication Date: 01-DEC-08 		Format: Online
Delivery: Immediate Online Access

Article Excerpt
In a unanimous decision, the Georgia Supreme Court recently held that the National Childhood Vaccine Injury Compensation Act does not preempt all design defect claims against vaccine manufacturers. (Am. Home Prods. Corp. v. Ferrari, 2008 WL 4452358 (Ca. Oct. 6, 2008).)

The court upheld a decision by the Georgia Court of Appeals, which considered the issue as a matter of first impression. (Ferrari v. Am. Home Prods. Corp., 650 S.E.2d 585 (Ca. App. 2007).) It was the first appeals court to find that the vaccine act does not preempt design defect claims. The Georgia high court noted that only two federal district courts and a New York appellate court had considered the question in published opinions, and all...

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