Moss v. Merck and Co

JERRY E. SMITH, Circuit Judge:

Plaintiffs Scott and Janice Moss (“the Mosses”), the parents of a young child who, they allege, developed autism as a result of receiving vaccines containing mercury, wish to pursue state law tort claims for injuries they suffered as a result of the child’s condition. Although their claims are not barred by the literal terms of the National Childhood Vaccine Injury Act of 1986 (the ‘Vaccine Act”), 42 U.S.C. § 300aa-l et seq., defendants urge the alternate theories that the statute is broad enough implicitly to preempt any claims it fails directly to address, and…