Michigan
How Bruesewitz v. Wyeth LLC applies in Michigan: state-specific rules, key cases, and bar exam notes for Products Liability (Preemption).
Michigan courts follow federal preemption principles but often emphasize a more consumer-friendly approach in products liability cases. The state's courts have applied the Bruesewitz decision in determining the limits of liability for vaccine manufacturers under Michigan's statutory framework.
Under Michigan law, state law claims regarding vaccines may be preempted by the National Childhood Vaccine Injury Act (NCVIA) if the design defects are deemed to be unreasonably dangerous despite being approved by the FDA.
The court held that claims of failure to warn in vaccine cases are subject to federal preemption under the NCVIA.
This case focused on wrongful death claims linked to vaccine administration, reinforcing the principle of federal preemption.
Michigan’s application of preemption reinforces federal standards established by Bruesewitz, whereby vaccine manufacturers are shielded from liability if products meet federal approval requirements. However, Michigan courts may scrutinize the extent of FDA compliance more strictly when evaluating consumer safety.
Expect potential questions on the relationship between state law claims and federal preemption principles as demonstrated in Bruesewitz during the bar exam.