Chicago Product Liability Attorney Illinois Personal Injury Attorney The Supreme Court recently issued a ruling in the case of Bruesewitz v Wyeth that severely limits the liability of vaccine manufacturers, thereby decreased accountability for producing safe vaccines. The question presented before the Court was whether or not the preemption provision in the National Childhood Vaccine Injury Act (NCVIA) prevents a plaintiff from bringing a state law design-defect product liability claim against vaccine manufacturers.Â In a 6-2 decision, the Court held that the NCVIA does, in fact, bar all state law design-defect claims against vaccine manufacturers that are brought by plaintiffs seeking compensation for injuries caused by vaccine side effects. Passed in 1986, the NCVIA was enacted to ensure an adequate supply of vaccines available for the public while holding vaccine manufacturers responsible for notifying consumers of various risks associated with a respective vaccine.Â It includes a provision stating that no vaccine manufacturer can be held liable for vaccine-related injuries associated with the administration of a vaccine after October 1, 1988, if the injury or death resulted from side effects that were unavoidable even though the vaccine was properly prepared and included proper directions and warnings. The Court interpreted this provision to mean that if the vaccine was properly manufactured and included adequate warnings, any remaining side effects, including those resulting from design defects, are deemed to have been unavoidable and the vaccine manufacturer cannot be held liable under state-law design-defect claims. Justice Sotomeyerâ€™s dissenting opinion, which was joined by Justice Ginsberg, raised concerns about the ability of product liability laws to promote safe vaccines.Â The two justices fear that the Courtâ€™s decision â€œdisturbs the careful balance Congress struck between compensating vaccine-injured children and stabilizing the childhood vaccine marketâ€ and creates an environment in which â€œno one ensures that vaccine manufacturers adequately take account of scientific and technological advancements when designing or distributing their products.â€ The Chicago product liability law firm of Ankin Law Offics, LLC is committed to protecting the interests of those injured by dangerous and defective products, including unsafe vaccines.Â If you or a loved one has been injured by a vaccine, or other defective product, contact one of our Chicago product liability attorneys to schedule a free consultation to discuss a possible product liability or personal injury claim. Howard Ankin of Ankin Law Office LLC (www.ankinlaw.com) handles workersâ€™ compensation and personal injury cases. Mr. Ankin can be[READ MORE…]
Subscribe to this blog’s feed
- When to Call an Accident Lawyer
Irrespective of whether an injury is compensable through a personal injury lawsuit or workers' compe...
- Two Big Changes to Driving Laws in Illinois Now in Effect
Nearly 200 new laws went into effect in Illinois on January 1 this year, making it important to know...
- Is Your Child’s School Safe? Some Tips to Make That More Likely
The unfortunate and tragic events in American schools in recent years have been cause for concern to...
ankin law office llc
162 West Grand Avenue
Chicago, Illinois 60654
Toll Free: 800-442-6546