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WHITE v. WYETH LABORATORIES, INC.

No. 87-1657.

40 Ohio St. 3d 390 (1988)

WHITE ET AL., APPELLANTS, v. WYETH LABORATORIES, INC., APPELLEE.

Supreme Court of Ohio.

Decided December 30, 1988.

Attorney(s) appearing for the Case

Kabat, Mielziner & Sobel, Gary Kabat, Jonathan Sobel, Bredhoff & Kaiser, Michael H. Gottesman, Deborah C. Malamud, Stewart Jaffy & Associates Co., L.P.A., Stewart Jaffy, McDowell & Colantoni, Anthony C. Colantoni and Boyd McDowell, for appellants.

Wildman, Harrold, Allen & Dixon, Richard C. Bartelt, Peter A. Tomaras, Baker & Hostetler, Albert J. Knopp, Mary M. Bittence, Hedy M. Powell, Reed, Smith, Shaw & McClay and Michael T. Scott, for appellee.

Pierson, Ball & Dowd, Stephan E. Lawton and Leslie A. W. Purdy, urging affirmance for amicus curiae, American Academy of Pediatrics.

LOCHER, J.

I

We first consider appellants' contention that federal law does not preempt state law concerning the liability of vaccine manufacturers for deaths or injuries caused by their products.

Under the Supremacy Clause of the United States Constitution, state laws that interfere with or are contrary to federal laws on a given subject are a nullity. E.g., Gibbons v. Ogden (1824), 22 U.S. (9 Wheat.) 1, 210-211. Although this court...

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