Is the Vaccine Shield a Model for Limited FDA Preemption
The WSJ has an interesting article today about the limits on lawsuits in the arena of certain vaccines. It may require subscription to access, but it can be found here:
There are also summaries at various blogs, including Fierce Biotech:
What is unique about the vaccine law is that the shield is quite limited. If individual plaintiffs are turned down by the "vaccine court," or are otherwise not happy with the verdict, they are still free to file suit privately.
Might this be a model for limited preemption in the wider drug arena? Probably not, in that it would require an enormous "drug court"--or many--to field all the potential claims. Still, according to the article, Henry Waxman has been a key supporter of the current regime re: vaccines and, overall, it seems to have worked reasonably well.
What do you think?