This Comment addresses the role of the tort system in the vaccine liability crisis and analyzes the probable success of the Act in resolving the crisis. This Comment recommends that the Act be amended to prohibit all actions against vaccine manufacturers based on failure to warn theories. Even though failure to warn is not a proper basis for finding civil liability, this Comment suggests that the Food and Drug Administration establish guidelines, enforceable under the Federal Food, Drug, and Cosmetic Act, to require that each vaccinee receives an adequate warning of the risks associated with vaccination.
Mary B. Neraas,
The National Childhood Vaccine Injury Act of 1986: A Solution to the Vaccine Liability Crisis?,
63 Wash. L. Rev.
Available at: https://digitalcommons.law.uw.edu/wlr/vol63/iss1/8