Vaccines, Preemption, and Federalism Rightly Understood: Why the Supreme Court Should Find Federal Preemption in Bruesewitz v. Wyeth, Inc.

Despite some concerns to the contrary, federal preemption properly applied does not conflict with federalism. In fact, the two are quite compatible and can work together to ensure that regulatory decisions are not left up to state courts, which are susceptible to the machinations of America’s tort bar. Presently pending before the Supreme Court, Bruesewitz v. Wyeth, Inc., addresses the question of whether federal law preempts lawsuits asserting both strict liability and negligent design defect claims related to vaccines. The Third Circuit upheld the vaccine preemption and the Supreme Court must do the same, both to preserve Congress’s intent and protect the continued development and distribution of life-saving vaccines.

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