289 Ga. 184
Ga.2011Background
- Georgia Supreme Court case involving vaccine-design defect claims against manufacturers (AHP and Ferrari) with prior Ferrari I/II rulings in state court; Ferrari II held Vaccine Act did not preempt design-defect claims; U.S. Supreme Court vacated and remanded in light of Bruesewitz; Bruesewitz held Vaccine Act preempts all design-defect claims; Court of Appeals affirmed Ferrari I after Ferrari II but was later vacated; Justice Nahmias files a special concurrence; case remanded for proceedings consistent with Bruesewitz.
- Ferrari II (Ferrari II), 284 Ga. 384, 668 S.E.2d 236 (2008) affirmed no preemption of design defect claims by Vaccine Act in context; Ferrari I reversed by later developments; Bruesewitz v. Wyeth cited as controlling on remand.
- Bruesewitz v. Wyeth LLC, 131 S. Ct. 1068 (2011) held the Vaccine Act preempts all design-defect claims.
- Medtronic, Inc. v. Lohr, 518 U.S. 470 (1996) discussed as precedent for statutory interpretation affecting preemption analysis.
- Judgment reversed and case remanded with direction to proceed consistent with Bruesewitz.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Vaccine Act preempts design-defect claims | Ferrari argued non-preemption under Ferrari II. | AHP argued design claims fall outside preemption. | Preemption controlled; Bruesewitz governs. |
| Effect of Bruesewitz on Ferrari II/I holdings | Ferrari urged Ferrari II remains valid. | Bruesewitz supersedes Ferrari II. | Bruesewitz dictates preemption; Ferrari II reversed. |
| Disposition of Ferrari II after Bruesewitz | Remand to determine under Bruesewitz. | Remand consistent with Bruesewitz. | Case remanded with direction. |
Key Cases Cited
- Ferrari II, 284 Ga. 384 (2008) (state preemption discussion in vaccine-design defect context)
- Bruesewitz v. Wyeth LLC, 131 S. Ct. 1068 (2011) (Vaccine Act preempts all design-defect claims)
- Medtronic, Inc. v. Lohr, 518 U.S. 470 (1996) (statutory/safety regulation background for preemption analysis)
