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ARTICLE · 12 MARCH 2010

Supreme Court Docket Report - March 8, 2010

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The National Childhood Vaccine Injury Act of 1986 ("Vaccine Act") , 42 U.S.C. §§ 300aa-1 et seq., expressly preempts state-law claims against vaccine manufacturers if the injury or death giving rise to such a claim "resulted from side effects that were unavoidable even though the vaccine was properly prepared and was accompanied by proper directions and warning."

United StatesLitigation, Mediation & Arbitration
Andrew Tauber
Andrew Tauber
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Originally published March 8, 2010

Keywords: federal preemption, state law claims, National Childhood Vaccine Injury Act, Vaccine Act, Chase Bank, Providence, Moses

Today the Supreme Court granted certiorari in one case of interest to the business community:

Federal Preemption of State-Law Claims—National Childhood Vaccine Injury Act

The National Childhood Vaccine Injury Act of 1986 ("Vaccine Act") , 42 U.S.C. §§ 300aa-1 et seq., expressly preempts state-law claims against vaccine manufacturers if the injury or death giving rise to such a claim "resulted from side effects that were unavoidable even though the vaccine was properly prepared and was accompanied by proper directions and warning." 42 U.S.C. § 300aa-22(b)(1). The lower courts are divided over the scope of that provision. Today, the Supreme Court granted certiorari in Bruesewitz v. Wyeth, No. 09-152, to decide whether the Vaccine Act categorically preempts all design-defect claims against vaccine

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