United States Third Circuit

In a design defect action, district court's grant of summary judgment is affirmed where: 1) the court did not err in granting defendant's motion as the the National Childhood Vaccine Injury Act preempts all design defect claims, those based in both strict liability and negligence; and 2) plaintiffs failed to establish either a manufacturing defect or a warning defect claim under the Vaccine Act.

Appellate Information

• Decided 03/27/2009
• Published 03/27/2009

Judges

• Before:  McKEE, SMITH, and WEIS, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Collyn A. Peddie (Argued), Williams, Kherkher, Hart & Boundas, Houston, TX, for Appellant.


• For Appellees:
  
• Reetu Dandora, Philadelphia, PA, Lauren Elliott, Richard W. Mark (Argued), Daniel J. Thomasch, Orrick, Herrington & Sutcliffe, New York, NY, Henry F. Reichner, Michael T. Scott, Reed Smith, Philadelphia, PA, for Appellee.