ATLANTA — The Georgia Supreme Court has reversed an earlier decision in favor of a Fulton County couple who sued several vaccine manufactures for damage allegedly done to their toddler by childhood vaccinations.
Marcelo and Carolyn Ferrari sued the manufacturers, saying their son stopped speaking after he received all his childhood vaccinations. They said he has not spoken since. The couple claims their son suffered neurological damage caused by vaccines containing thimerosal, a mercury-based preservative.
A trial court ruled in favor of the vaccine manufacturers, deciding that the Ferraris' design defect claims were preempted by the 1986 National Childhood Vaccine Injury Compensation Act. According to the law, vaccine manufacturers cannot be held liable for vaccine-related injuries or deaths "if the injury or death resulted from side effects that were unavoidable even though the vaccine was properly prepared and was accompanied by proper directions and warnings."
In 2008, the state Supreme Court went against the trial court's decision, siding with the Ferraris. But on Monday, presiding Justice George Carley reversed the 2008 ruling to follow the lead of a similar U.S. Supreme Court decision.
"The case is remanded to the court of appeals for proceedings consistent with the opinion of the Supreme Court of the United States," Carley said.
In another lawsuit earlier this year, the U.S. Supreme Court ruled that the Vaccine Injury Compensation Act "preempts all design-defect claims against vaccine manufacturers brought by plaintiffs who seek compensation for injury or death caused by vaccine side effects."