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Wyeth infectious news

October 13, 2008 7:00 AM UTC

The Supreme Court of Georgia ruled that Wyeth can be held liable for damages in American Home Products Corp. v. Ferrari, a case involving alleged defects in a vaccine. Damages have yet to be awarded in the case, which must return to its court of origin to be tried again.

In its decision, the court ruled that the National Childhood Vaccine Injury Compensations Act of 1986 does not preempt all design defect claims under state law. Instead, the act "provides that a manufacturer cannot be held liable for defective design if it is determined, on a case-by-case basis, that the injurious effects of the particular vaccine were unavoidable." The act created a federal fund to compensate those injured by vaccines on a no-fault basis in order to stabilize vaccine supplies and spur vaccine development. ...