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 statusAccepted/In press - 2019

Fingerprint

court of justice
jurisprudence
liability
Supreme Court
EU
legal policy
regulatory policy
federal law
case law
sanction
divergence
regulation
market
evidence

Cite this

Rizzi, M., & Vicente, L. (Accepted/In press). 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. In L. de Almeida, M. Cantero Gamito, M. Durovic, & K. P. Purnhagen (Eds.), The Transformation of Economic Law: Essays in Honour of Hans-W. Micklitz (1 ed., pp. 367-388). Hart Publishing.
Rizzi, Marco ; Vicente, Lécia. / 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. The Transformation of Economic Law: Essays in Honour of Hans-W. Micklitz. editor / Lucila de Almeida ; Marta Cantero Gamito ; Mateja Durovic ; Kai Peter Purnhagen. 1. ed. Hart Publishing, 2019. pp. 367-388
@inbook{cb737ae36619471eb31034288873e0cb,
title = "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",
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.",
author = "Marco Rizzi and L{\'e}cia Vicente",
year = "2019",
language = "English",
isbn = "9781509932603",
pages = "367--388",
editor = "{de Almeida}, Lucila and {Cantero Gamito}, Marta and Mateja Durovic and Purnhagen, {Kai Peter}",
booktitle = "The Transformation of Economic Law",
publisher = "Hart Publishing",
address = "United Kingdom",
edition = "1",

}

Rizzi, M & Vicente, L 2019, 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. in L de Almeida, M Cantero Gamito, M Durovic & KP Purnhagen (eds), The Transformation of Economic Law: Essays in Honour of Hans-W. Micklitz. 1 edn, Hart Publishing, pp. 367-388.

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. / Rizzi, Marco; Vicente, Lécia.

The Transformation of Economic Law: Essays in Honour of Hans-W. Micklitz. ed. / Lucila de Almeida; Marta Cantero Gamito; Mateja Durovic; Kai Peter Purnhagen. 1. ed. Hart Publishing, 2019. p. 367-388.

Research output: Chapter in Book/Conference paperChapter

TY - CHAP

T1 - Defectiveness and causation in vaccine liability cases

T2 - The jurisprudence of the Supreme Court of the United States and the Court of Justice of the European Union

AU - Rizzi, Marco

AU - Vicente, Lécia

PY - 2019

Y1 - 2019

N2 - 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.

AB - 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.

M3 - Chapter

SN - 9781509932603

SP - 367

EP - 388

BT - The Transformation of Economic Law

A2 - de Almeida, Lucila

A2 - Cantero Gamito, Marta

A2 - Durovic, Mateja

A2 - Purnhagen, Kai Peter

PB - Hart Publishing

ER -

Rizzi M, Vicente L. 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. In de Almeida L, Cantero Gamito M, Durovic M, Purnhagen KP, editors, The Transformation of Economic Law: Essays in Honour of Hans-W. Micklitz. 1 ed. Hart Publishing. 2019. p. 367-388