Design Defect, Failure-To-Warn Claims Preempted by Vaccine Act, 9th Cir. Rules

SAN FRANCISCO - Section 22 of the National Childhood Vaccine Injury Compensation Act preempts state law design defect and failure-to-warn claims brought by the parents of a child who died after being administered a Merck & Co. (NYSE: MRK) vaccine, the 9th Circuit U.S. Court of Appeals has affirmed.

In a Sept. 25 opinion, the appellate court explained that plaintiffs’ suit is a “civil action for damages arising from a vaccine-related injury or death associated with the administration of a vaccine,” and is therefore limited by the Vaccine Act.

When Jacob Holmes was a year old, his pediatrician administered M–M–R …