U.S. Supreme Court Agrees to Review Ruling That Vaccine Act Bars Design Defect Claims

Stepping into the drug and medical device arena once again, the U.S. Supreme Court agreed March 8 to review a federal appeals court ruling that the National Childhood Vaccine Injury Act preempts design defect claims against manufacturers (Bruesewitz v. Wyeth Inc.).

Chief Justice John G. Roberts Jr. took no part in the consideration or decision of the petition.

At issue is Section 22(b)(1) of the act, which provides, “No vaccine manufacturer shall be liable in a civil action for damages arising from a vaccine-related injury or death associated with the administration of a vaccine after Oct. 1, 1988, ...