Feb 22, 2011 ... BRUESEWITZ v. WYETH LLC. Syllabus provides that “[n]o vaccine manufacturer shall be liable in a civil ac- tion for damages arising from a ...... See Garcia v. United States,. 469 U. S. 70, 76 (1984) (“[T]he authoritative source for finding the Legislature's intent lies in the Committee. Reports on the bill”).
It granted Wyeth summary judgment, holding that the relevant Pennsylvania law was preempted by 42 U. S. C. §300aa-22(b)(1), which provides that "[n]o vaccine ..... See Garcia v. United States, 469 U. S. 70, 76 (1984) ("[T]he authoritative source for finding the Legislature's intent lies in the Committee Reports on the bill ").
Sep 10, 2015 ... Nixon Peabody, 791 A.2d at 38 (quoting Wyeth Labs., Inc. v. Jefferson, 725 A.2d 487, 491 (D.C.1999)). Nonetheless, this court has found burden-shifting appropriate “only where there is virtually no link to this jurisdiction.” Coulibaly v. Malaquias, 728 A.2d 595, 606 (D.C.1999) (internal quotation marks ...
Dec 15, 2017 ... Smithkline Beecham Corp., 658 N.W.2d 127 (Mich. 2003), basically said the legislature can enact a law like that and the immunity on drug manufacturers was as broad as it seemed. (This guest post provides a nice history.) Other decisions followed, like Garcia v. Wyeth-Ayerst Labs., 385 F.3d 961 (6th Cir.
Holding: The National Childhood Vaccine Injury Act, which created a no-fault program to provide compensation for vaccine-related injuries, preempts all design-defect claims against vaccine manufacturers by individuals seeking compensation for injury or death. (Kagan, J., recused.) Plain English Holding: The National ...
Feb 22, 2012 ... applications. Garcia v. Wyeth-Ayerst Labs., 385 F.3d 961 (6th Cir. 2004). The. Second Circuit, however, held the same Michigan statute not preempted. Desiano v. Warner-Lambert & Co., 467 F.3d 85 (2d Cir. 2006), aff'd by an equally divided court sub nom. Warner-Lambert Co., LLC v. Kent, 552 U.S. 440,.
In 2004, the Sixth Circuit issued an opinion in Garcia v. Wyeth-Ayerst Labs, holding that the Michigan exception was impliedly preempted by the FDCA and MDA to the extent it injected proof of fraud-on-the-FDA as a necessary element of liability under Michigan tort law. Garcia v. Wyeth-Ayerst Labs., 385 F.3d 961, 966- 67 ...
VOLUME III: Wyeth v. Levine —Implied preemption of all state law claims involving prescription drugs to be decided. The last in the trilogy of drug and device preemption cases is Wyeth v. Levine. In Levine, plaintiff lost her arm to gangrene, then amputation, after an inadvertent arterial injection of intravenous Phenergan.
May 1, 2008 ... for violation of the FDA's detailed regulations would increase the burdens placed on applicants for FDA approval applies to drug manufacturers as well as to medical-device manufacturers.”); Garcia v. Wyeth-. Ayerst Labs., 385 F.3d 961, 965–66 (6th Cir. 2004) (“This case, however, presents a somewhat ...