Judge Rejects Preemption Argument in Vaccine Case, For Now

PHILADELPHIA - A federal judge has denied a motion by Wyeth Inc. for summary judgment in a vaccine case that the drug maker said was preempted by federal law, but left the door open to reconsider the motion once the plaintiffs clarify the theory of recovery under which they intend to pursue their claims. Bruesewitz v. Wyeth Inc., No. 05-5994 (E.D. Pa.).

Judge Michael M. Baylson issued the order Feb. 22, determining that the record before him is insufficient to determine whether Wyeth's preemption argument would prevail over allegations that the company's inadequate manufacturing processes and quality control procedures led …