Georgia Supreme Court Holds Federal Vaccine Act Does Not Preempt Design Defect Claim

On October 6, 2008 in American Home Products Corp. v. Ferrari, Ga., No. S07G1708, the Georgia Supreme Court unanimously ruled that federal vaccine law does not preempt all state law design defect claims involving vaccines approved by the U.S. Food and Drug Administration, but instead requires a caseby- case inquiry to determine whether the adverse side effects of a particular vaccine were unavoidable.

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