The reflection we undertake is two-pronged. We analyse the policy arguments put forth in crucial decisions by the European and American highest courts to sanction vaccine-related injuries. In parallel, we investigate the place and role of scientific evidence in the legal framework disciplining liability of vaccine manufacturers. In doing so, we will identify convergence and discrepancies in respect to policy, regulatory and legal approaches in Europe and the United States. Admittedly, this analysis is limited to EU and US federal laws, regulations, and case law. We acknowledge that internal divergences exist (between States in the US and Member States in the EU), and these will be referred to when appropriate, but the focus is on the overarching approach that the two principal markets adopt in the face of alleged vaccine-related injuries.
|Title of host publication||The Transformation of Economic Law|
|Subtitle of host publication||Essays in Honour of Hans-W. Micklitz|
|Editors||Lucila de Almeida, Marta Cantero Gamito, Mateja Durovic, Kai Peter Purnhagen|
|Publication status||Published - 5 Sep 2019|