Defectiveness and causation in vaccine liability cases: The jurisprudence of the Supreme Court of the United States and the Court of Justice of the European Union

Marco Rizzi, Lécia Vicente

Research output: Chapter in Book/Conference paperChapter

Abstract

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.
Original languageEnglish
Title of host publicationThe Transformation of Economic Law
Subtitle of host publicationEssays in Honour of Hans-W. Micklitz
EditorsLucila de Almeida, Marta Cantero Gamito, Mateja Durovic, Kai Peter Purnhagen
PublisherHart Publishing
Chapter20
Pages367-388
Edition1
ISBN (Print)9781509932603
Publication statusPublished - 5 Sep 2019

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