Vaccine manufacturers cannot be sued outside of the Vaccine Injury Compensation Program

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The Supreme Court recently ruled in Bruesewitz v. Wyeth that the National Vaccine Injury Compensation Act preempted lawsuits based on defective design claims in state courts. The justices, voting 6-2, said that the VICP preempts claims that a drugmaker should have manufactured and sold a safer formulation of a vaccine.  This means that it is virtually impossible to make a "design defect" claim against a vaccine manufacturer in state court, and the VICP is a parent's only recourse when their child has been injured by a vaccine.

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