Judge Says Design Defect Claims Preempted by Federal Law

PHILADELPHIA - Design defect allegations filed on behalf of a girl injured after receiving a DPT vaccine are preempted, even where it is disputed that the product was unavoidably unsafe, a federal judge in Pennsylvania has ruled. Bruesewitz, et al. v. Wyeth Inc., No. 05-5994 (E.D. Pa.).

In an Aug. 24 decision, Judge Michael M. Baylson held that relevant sections of the Vaccine Act represent part of a comprehensive statutory scheme that preempts all vaccine-related design defect claims brought under state tort law.

"Doing otherwise would allow state common law to impose additional requirements on vaccine manufacturers wishing to …