United States Ninth Circuit

In a wrongful death action against a manufacturer and distributor of a vaccine, arising out of the death of plaintiffs' infant son, the district court's grant of defendant's motion for summary judgment is affirmed where: 1) there is no cause to disturb the district court's application of section 22 of the National Childhood Vaccine Injury Compensation Act to plaintiffs' state law product liability claims of design defect and failure to warn; and 2) the district court did not err in granting summary judgment in favor of the defendant, as defendant produced evidence that it had complied with all regulatory requirements related to the vaccine.

Appellate Information

• Decided 09/25/2012
• Published 09/25/2012

Judges

• Thomas

Court

• United States Ninth Circuit

Counsel