The Supreme Court decision behind 'Can't hardly sue the company': after exhausting the Vaccine Court, plaintiffs may not bring state design-defect suits. The Sotomayor dissent warned the holding 'leaves a regulatory vacuum in which no one ensures that vaccine manufacturers adequately take account of scientific and technological advancements.' Manufacturing-defect and (in some courts) warning claims remain theoretically possible after VICP.
we hold that the National Childhood Vaccine Injury Act preempts all design-defect claims against vaccine manufacturers brought by plaintiffs who seek compensation for injury or death caused by vaccine side effects
The Supreme Court decision behind 'Can't hardly sue the company': after exhausting the Vaccine Court, plaintiffs may not bring state design-defect suits. The Sotomayor dissent warned the holding 'leaves a regulatory vacuum in which no one ensures that vaccine manufacturers adequately take account of scientific and technological advancements.' Manufacturing-defect and (in some courts) warning claims remain theoretically possible after VICP.