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- Title
Vaccine Liability in the Supreme Court: Forging a Social Compact.
- Authors
Kraemer, John D.; Gostin, Lawrence O.
- Abstract
The authors reflect on the implications of the decision of the U.S. Supreme Court in the case Bruesewitz v Wyeth LLC on February 22, 2011 stating that all design defect claims against vaccine manufacturers are preempted by the National Childhood Vaccine Injury Act of 1986 (NCVIA). The NCVIA aims to safeguard a social compact of ensuring vaccine accessibility by preventing litigation. They mention that the Vaccine Injury Compensation Program (VICP) was created by Congress to address divergent NCVIA interests.
- Subjects
UNITED States; UNITED States. Supreme Court; WYETH (Company : 2010- ); VACCINATION of children laws; SOCIAL contract; ACTIONS &; defenses (Law)
- Publication
JAMA: Journal of the American Medical Association, 2011, Vol 305, Issue 18, p1900
- ISSN
0098-7484
- Publication type
Opinion
- DOI
10.1001/jama.2011.615