Gardasil MDL Plaintiffs Say Vaccine Act Preemption Violates Presentment Clause

CHARLOTTE, N.C. — Plaintiffs in the Gardasil MDL told a North Carolina federal judge that subjecting their claims to the National Childhood Vaccine Injury Act would violate the Presentment Clause of the Constitution because it would repeal the statutory Vaccine Injury Table and replace it with a new one.

In a May 8 motion filed before Judge Robert J. Conrad Jr. of the U.S. District Court for the Western District of North Carolina, plaintiffs seek to limit the court’s previous Vaccine Act preemption ruling to only two cases, Bergin and America, arguing that it should not be applied as a …