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Terrible Decision Contravenes the Vaccine Act’s Purpose and Would Gut Its Protections

Drug & Device Law

The allegations in the complaint thus fell within the scope of the Vaccine Act, which governs all claims “for damages arising from a vaccine-related injury or death associated with the administration of a vaccine.” 2003), and Doe v. that they would not have received otherwise.” at *2 (citation to complaint omitted). Merck & Co.

FDA 115
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Logical Contradiction Doctrine:  Buckman for Textualists

Drug & Device Law

470 (1996), was decided – removing express preemption as a defense for manufacturers of §510(k) products So defendants moved on fraud on the FDA under an implied preemption theory and won. Plaintiffs Legal Committee , 531 U.S. Mensing , 564 U.S. Mensing , 564 U.S. Mensing , 564 U.S. Lohr , 518 U.S. Lohr , 518 U.S.

FDA 72