New York Personal Injury Lawyer Blog 24/7
New Yok Injury Lawyers described today how the U.S. Supreme Court was faced with a decision regarding a person’s right to sue a vaccine manufacturer for design defects.
The NCVIA of 1986 was passed to protect and held responsible for patients who incur injuries or side effects from vaccinations due to defects in design or improper administering of the vaccine. It was enacted to create a no-fault compensation program in exchange for the tort system for resolving vaccine injury claims and suits.
In 1995, a family tried to file a claim regarding their daughter, who allegedly became disabled after her vaccination. After filing their initial claim, they were denied compensation so the case was removed to the U.S. Court of Appeals. The case was still denied and sighted the NCVIA as the reason.
The Supreme Court concurred with the Third Circuit decision based on an analysis of the NCVIA preemption provision. And added that it reads: “No vaccine manufacturer shall be liable in a civil action for damages arising from a vaccine-related injury or death associated with the administration of a vaccine after October 1, 1998, if the injury or death resulted from side effects that were unavoidable even though the vaccine was properly prepared and was accompanied by proper directions and warnings.”
The Supreme Court carefully came to their decision based on these three common grounds for liability under product liability law ― defective manufacture, inadequate directions or warnings, and defective design. The Court also pointed out that the preemption provision explicitly explains the manufacturing process (“properly prepared”) and “directions and warnings,” yet it does not mention design defects. This omission “strongly suggests” that design defects are not a basis for liability.
He explained that the Court called these types of defects unavoidable in a case where adequate warnings were rendered and the vaccine was administered properly, and with the right dose. Further the court concluded that the NCVIA provides sufficient protection for patience with its mandated vaccination research and testing.
If you have been injured due to a defective product, or have experienced an injury due to the negligence of another, contact Stephen Bilkis and Associates for guidance. We will provide you with a free consultation, so call us today.