In Holmes v. Merck & Co., 697 F.3d 1080(9th Cir. 2012) (No. 08-16557), the Ninth Circuit addressed the appeal of a summary judgment ruling for the defendant vaccine manufacturer on claims brought by the parents of their child, who died after receiving a vaccine.  The trial court held that the parents’ state law negligence and strict liability design-defect and failure-to-warn claims were preempted by the Vaccine Act, and the Ninth Circuit agreed.  The Vaccine Act creates a no-fault compensation system administered by a “Vaccine Court,” which limits vaccine manufacturers’ tort liability.  The Vaccine Act requires the claims of individuals who received the vaccine to go to the Vaccine Court.  Plaintiffs argued that since they did not receive the vaccine, the preemptive sections of the Vaccine Act did not apply to their state law claims.  The Ninth Circuit held that the Vaccine Act expressly preempts all state law design-defect and failure-to-warn claims seeking compensation for injury or death caused by a vaccine’s unavoidable side effects, including claims brought by parties who did not receive the vaccine.