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SCOTUS Accepts Vaccine Preemption Case

BNA Law Week reports:

Bruesewitz v. Wyeth, No. 09-152. Does Section 22(b)(1) of the 1986 National ChildhoodVaccine Injury Act, which states that “[n]o vaccine manufacturer shallbe liable in a civil action for damages arising from a vaccine-relatedinjury or death associated with the administration of a vaccine … ifthe injury or death resulted from side effects that were unavoidableeven though the vaccine was properly prepared and was accompanied byproper directions and warnings,” preempt all vaccine design defectclaims, whether based on strict liability or negligence?

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