Court: Vaccine Makers Not Immune from Thimerosal Design Defect Claim

ATLANTA - A state Supreme Court has allowed design defect claims to proceed against the manufacturer of a vaccine that allegedly caused a child's thimerosal-related neurological injury. American Home Products Corp., et al. v. Ferrari, et al., No. S07G1708 (Ga. Sup. Ct.).

In an Oct. 6 decision, the Georgia Supreme Court held that Marcelo and Carolyn Ferrari's claims are not preempted by federal law requiring vaccine injury claims to first be pursued through a no-fault compensation system established by the National Childhood Vaccine Injury Compensation Act.

The court, in affirming a Court of Appeals decision, held that a subsection of …