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Mobile, Alabama Personal Injury Lawyer Blog | Long & Waite

Friday, October 10, 2008

Georgia Supreme Court Allows Vaccine Lawsuit to Go Forward

The Georgia Supreme Court has decided to allow an Atlanta couple to continue pursuing a lawsuit against a vaccine maker, upholding an appellate court ruling that drew national attention as a first-of-its kind finding in favor of a lawsuit against vaccine manufacturer Wyeth. The case follows on the heels of a recent decision by the US Department of Health and Human Services that thimerosol, the mercury-containing preservative that used to be commonly used in vaccines, interacted with a rare mitochondrial disorder to cause the autism of an Athens, Georgia girl.

The Georgia Court of Appeals had decided that the National Childhood Vaccine Injury Compensation Act did not pre-empt state law, allowing the parents to hold the manufacturer liable for damages in a defective product lawsuit. Although most state courts have determined that the Federal law was designed to pre-empt defective pharmaceutical claims against vaccine manufacturers, the Georgia Court held that vaccine manufacturers must prove on a case-by-case basis that the side effects of vaccines were unavoidable to avoid defective design claims.

If a child does experience side effects such as autism, diabetes, or other conditions as a result of vaccination, the expenses of that condition can be crippling to the family's finances. In addition, parents are robbed of most of their hopes and dreams for their children.

In this, as in many cases of defective pharmaceuticals, you deserve compensation for your injuries. If your family has been affected by an adverse side effect of defective pharmaceuticals, contact the defective pharmaceutical lawyers at Long & Waite, Attorneys at Law, P.C. today to schedule a free, no-obligation consultation.

posted by Dr. Candelaria at 12:54 PM