Vaccine Injury Act Preempts Design Defect Claims, High Court Rules

WASHINGTON, D.C. -The U.S. Supreme Court has ruled 6-2 that the National Childhood Vaccine Injury Act of 1986 preempts all design-defect claims against vaccine makers brought by claimants seeking compensation for injury or death caused by side effects. Bruesewitz, et al. v. Wyeth, No. 09-152 (U.S. Sup.).

In a Feb. 22 opinion authored by Justice Antonin G. Scalia, the high court majority agreed with Congress that these side effects were "unavoidable" when a vaccine is given to millions of children. The majority added that the vaccine industry could be wiped out if drug makers were forced to pay huge claims …