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Vaccine Lawsuits

Vaccine lawsuits took another major blow today. The U.S. Supreme Court ruled that the National Childhood Vaccine Injury Act preempts all tort design-defect claims against vaccine manufacturers.
A lot of vaccine lawsuits face significant Daubert problems. This one apparently did not. It involved Tri-Immunol that came from a lot that generated 65 reports of adverse reactions, including 39 emergency room visits and two fatalities. That does not sound like a Daubert problem to me.
Justice Sonya Sotomayor dissenting opinion complained that the majority is substituting its own policy over the “considered judgement of Congress,” and that Justice Scalia’s majority opinion disturbs the “careful balance Congress struck between compensating vaccine-injured children and stabilizing the childhood vaccine market.”
You can read the Court’s opinion in Bruesewitz v. Wyeth here.