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The FDA and Feasible Alternative Designs

Drug & Device Law

For several decades – starting with plaintiffs’ pre-Vaccine Act attacks on vaccine designs – courts have addressed FDA approval as a component of “feasibility” in states that impose this limitation on design defect claims. Or does it suffice that a vaccine design has been approved in other countries? In Bruesewitz v.

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A Texas Mess

Drug & Device Law

The complaint, brought under the Texas consumer protection statute, sued a major manufacturer of COVID-19 vaccine that was used to control the recent pandemic. 2003); Birdsong v. Today’s milestone puts us one step closer to altering the course of this pandemic in the U.S.” FDA (8/23/21) press release (emphasis original). 523, 529 (S.D.

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