Silvey v. Mallinckrodt, Inc.

CRANE, Presiding Judge.

Plaintiff poultry owners appeal from the trial court’s entry of summary judgment in favor of defendant vaccine manufacturers on the ground that plaintiffs’ common law claims against defendants for damages suffered as a result of their use of an infected poultry vaccine were preempted by federal regulations. Plaintiffs primarily claim that the trial court erred in finding all of their causes of action to be preempted by federal APHIS regulations. We agree and hold that the claims stated in Counts I through V, to the extent that they seek damages for defendants’ failure…