The U.S. Supreme Court has agreed to hear a case on whether the federal National Childhood Vaccine Injury Act (NCVIA) preempts all design-defect claims against vaccine manufacturers, regardless of whether the side effects were unavoidable.rnThe case appeals two decisions - the 2007 decision by the U.S. District Court for the Eastern District of Pennsylvania and a March 2009 decision by the U.S. Court of Appeals for the Third Circuit, both of which ruled that the NCVIA preempts all vaccine design-defect claims. The appellate court denied both a petition for a panel rehearing and a rehearing en banc.
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