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This case involves a vaccine designed in the 1940s that was administered to Hannah Bruesewitz in 1992, some 30 years after scientists discovered a safer way to design the pertussis component of the DTP vaccine.
The Third Circuit held that the Bruesewitzes could not pursue a design defect claim under State law invoking the preemption principle in claiming that the Vaccine Act of 1986 preempted the Bruesewitz’s State law claim.
And there is empirical evidence indicating that the manufacturers, Lederle’s Mr. Johnson, testified that the problem with the ’86 version of the statute was that it allowed for design defects to go forward. Read more: https://www.oyez.org/cases/2010/09-152