Mary Holland, ‘Liability for Vaccine Injury: The United States, the European Union, and the Developing World’

Introduction
… This Article looks at current models for vaccine injury liability in the United States and the European Union, and also focuses on possibilities for the developing world in the future. In the United States, vaccine manufacturers have attained an extremely high level of liability protection through legislation and judicial interpretation. The 1986 National Childhood Vaccine Injury Act (the Vaccine Act); the 2005 Public Readiness and Emergency Preparedness Act (the PREP Act); and Bruesewitz v Wyeth LLC, the US Supreme Court’s decision interpreting the Vaccine Act, together afford vaccine manufacturers almost blanket liability protection from damages for vaccine harms. In June 2017, the Court of Justice of the European Union (ECJ) provided guidance in a vaccine injury case that strikes a remarkably different balance … (more)

Mary S Holland, ‘Liability for Vaccine Injury: The United States, the European Union, and the Developing World’, Emory Law Journal 67:415 (2018).

First posted 2018-04-14 11:22:55

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