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James C. Moore On Bacardi 151 Rum: An Inherently Dangerous Product?

By James C. Moore In Sclafani v. Brother Jimmy's BBQ, Inc., et al. , the New York Supreme Court addressed two fundamental questions: (i) is Bacardi 151 Rum defectively designed because it is highly flammable and (ii) is the removal of the safety device from the bottle an unforeseeable, post-manufacturer...

Pennsylvania Court Partly Reverses Preemption In Thimerosal Injury Case

HARRISBURG, Pa. - (Mealey's) The Pennsylvania Superior Court on Jan. 11 partly reversed preemption summary judgment in a thimerosal vaccine injury case, saying the trial court needs to conduct a case-by-case inquiry of the side effects of the vaccines involved ( Jacqueline Wright, et al. v. Aventis...

Free Download: Keller & Heckman Litigation Alert: Supreme Court Rules National Childhood Vaccine Injury Act Of 1986 Bars State-Law Design-Defect Claims Against Vaccine Manufacturers

On February 22, 2011, the United States Supreme Court held that the National Childhood Vaccine Injury Act of 1986 (NCIVIA or Act) bars state-law design-defect claims against vaccine manufacturers. The Bruesewitz family sued Wyeth, then the parent company of the maker of the diphtheria, tetanus, and pertussis...

Vaccine Design Defect, Warning Claims By Parents Are Preempted, 9th Circuit Says

SAN FRANCISCO - (Mealey's) The Ninth Circuit U.S. Court of Appeals on Sept. 25 said design defect and failure-to-warn claims filed by the parents of a child who died after getting vaccinated are preempted by the federal vaccine law, but noted that parents may pursue some state law claims on their...