Monday, May 16, 2011
ATLANTA (AP) -- Georgia's top court has reversed an earlier decision that allowed an Atlanta couple's lawsuit against a vaccine manufacturer to go forward after the U.S. Supreme Court weighed in on the issue.
The lawsuit by Marcelo and Carolyn Ferrari claimed that vaccine maker American Home Products Corp., now known as Wyeth, could be held liable for damages in a civil case involving their son Stefan.
They say the boy was a talkative toddler when he got a round of booster shots when he was 18 months old and that he hasn't spoken since.
The Georgia Supreme Court in October 2008 ruled that a 1986 federal law that has long been used to block other lawsuits against vaccine companies didn't bar the Ferraris from going to trial.
But the judges were forced to reverse the decision after the Supreme Court ruled this year that the federal law "pre-empts all design-defect claims against vaccine manufacturers" seeking compensation for injury or death.
(Copyright 2011 by The Associated Press. All Rights Reserved.)