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Congress passed the 1986 National Childhood Vaccine Injury Act (NCVIA) in response to the increase in litigation against manufacturers that had led to shortages of certain vaccines. In 2011, the Supreme Court held in Bruesewitz that the NCVIA is the sole remedy for claims related to vaccine injuries.

This legal framework raises important questions about vaccine safety and liability. The government immunity provided to vaccine manufacturers under the NCVIA was designed to ensure vaccine availability, but it also limits the legal recourse available to individuals who may have been injured by vaccines.

Key aspects of the NCVIA:

The legal reasoning behind this immunity includes:

However, this system has limitations:

The Supreme Court's decision in Bruesewitz v. Wyeth reinforced this framework by holding that the NCVIA preempts design defect claims against vaccine manufacturers. This means that even if a vaccine could have been designed more safely, injured individuals cannot sue on that basis.

This legal framework continues to be controversial, with ongoing debates about:

For individuals considering vaccination or dealing with vaccine injuries, understanding this legal framework is crucial. The system provides some protection but also significant limitations on legal recourse.

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