The Fourth Circuit Rejects Attempts to Avoid and Invalidate the Vaccine Act

Litigation attorney Eric Alexander published a blog for Drug & Device Law analyzing the U.S. Court of Appeals for the Fourth Circuit's decision in In re Gardasil Products Liability Litigation, which affirmed dismissals and rebuffed plaintiffs' attempts to sidestep the National Childhood Vaccine Injury Act. The court rejected a Presentment Clause challenge to adding Gardasil to the Vaccine Injury Table, confirmed that timeliness and exhaustion determinations belong to Vaccine Act special masters (with review only in the Court of Federal Claims and Federal Circuit) and held that multidistrict litigation (MDL) courts cannot relitigate those issues. Mr. Alexander contends the opinion underscores Congress' framework: protections for vaccine manufacturers paired with a no‑fault compensation program and no backdoor around it through tort suits.

READ: The Fourth Circuit Rejects Attempts to Avoid and Invalidate the Vaccine Act