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Supreme Court of Ohio
November 14, 1988, Submitted ; December 30, 1988, Decided *
We first consider appellants' contention that federal law does not preempt state law concerning the liability of vaccine manufacturers for deaths or injuries caused by their products.
] Under the Supremacy Clause of the United States Constitution, state laws that interfere with or are contrary to federal laws on a given subject are a nullity. E.g., Gibbons v. Ogden (1824), 22 U.S. (9 Wheat.) 1, 210-211. Although this court would not ordinarily reach this constitutional question unless there were a need to do so, we find this question has been well-settled. Congress itself has clearly expressed its intention not to preempt liability claims against vaccine manufacturers under state law, by stating in the National Childhood Vaccine Injury Act that "* * * State law shall apply to a civil action brought for damages for a vaccine-related injury or death." Section 300aa-22(a), Title 42, U.S. Code. Furthermore, all federal courts that have addressed the issue have concluded that there is no federal preemption of state tort or contract remedies against vaccine manufacturers. [***9] See, e.g., Abbot v. American Cyanamid Co. (C.A. 4, 1988), 844 F.2d 1108, 1113-1114, certiorari denied (1988), 488 U.S. , 102 L. Ed. 2d 248, 109 S. Ct. 260. 3 Accordingly, Wyeth's liability for Tyler's injuries may be determined under Ohio law.
[*394] In Temple v. Wean United, Inc. (1977), 50 Ohio St. 2d 317, 4 O.O. 3d 466, 364 N.E. 2d 267, this court approved and adopted Section 402A of 2 Restatement of the Law 2d, Torts (1965) 347-348, as the law of Ohio with respect to strict products liability. That section provides:
"(] 1) One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if
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40 Ohio St. 3d 390 *; 533 N.E.2d 748 **; 1988 Ohio LEXIS 487 ***; CCH Prod. Liab. Rep. P12,055
WHITE ET AL., APPELLANTS, v. WYETH LABORATORIES, INC., APPELLEE
Subsequent History: [***1] * Reporter's Note: This cause was decided on December 30, 1988, but was released to the public on January 27, 1989, subsequent to the retirement of Justice Locher, who participated in the decision.
Prior History: APPEALS from the Court of Appeals for Cuyahoga County, Nos. 52108 and 52564 (consolidated).
Disposition: Judgment affirmed.
vaccine, pertussis, cell, unsafe, unavoidably, safer, fractionated, marketed, manufacturer, products, warning, license, effective, drugs, acellular, drug manufacturer, immunization, injuries, prescription drug, adverse reaction, reactions, user
Constitutional Law, Supremacy Clause, Federal Preemption, Torts, Procedural Matters, Preemption, General Overview, Products Liability, Theories of Liability, Strict Liability, Types of Defects, Marketing & Warning Defects