Bruesewitz v. Wyeth, Inc.

MEMORANDUM

BAYLSON, District Judge.

I. Introduction

Presently before the Court are Defendant’s Motions for Summary Judgment (Doc. Nos. 22, 73, 88) in this products liability suit, on the grounds that: (1) the National Childhood Vaccine Injury Act of 1986 (‘Vaccine Act” or “Act”), 42 U.S.C. § 300aa-l et seq., preempts tort claims for the allegedly defective design of a vaccine under § 300aa-22(b)(l) of the Act; (2) § 22(c) bars Plaintiffs’ failure-to-warn claim; and (3) as to any claims not preempted by the Vaccine Act, there are no genuine issues of fact for trial. For the reasons set forth…