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Pleading and Preemption: Immunization Against Vaccine Products Liability Claims

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In a recent win for vaccine manufacturers, a district court found that federal law preempted claims against Merck, arising out of alleged injuries from the Gardasil vaccine. Herlth v. Merck & Co., Inc., No. 3:21-cv-438 (JAM), 2022 WL 788669 (D. Conn., Mar. 15, 2022). This ruling shows that plaintiffs making vague allegations of injury will not satisfy Iqbal and Twombly.

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In a recent win for vaccine manufacturers, a district court found that federal law preempted claims against Merck, arising out of alleged injuries from the Gardasil vaccine. Herlth v. Merck & Co., Inc., No. 3:21-cv-438 (JAM), 2022 WL 788669 (D. Conn., Mar. 15, 2022). This ruling shows that plaintiffs making vague allegations of injury will not satisfy Iqbal and Twombly.Read the <a target="_blank" href="https://classdismissed.mofo.com/topics/Pleading-and-Preemption-Immunization-Against-Vaccine-Products-Liability-Claims.html">full blog post</a>.

Pleading and Preemption: Immunization Against Vaccine Products Liability Claims

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Julie Park is the practice group chair of Morrison Foerster’s Complex Litigation + Advisement practice group and managing partner of the San Diego office.Julie protects her clients’ products throughout the product life cycle. Drawing on her deep technical and legal experience, she counsels clients on consumer product safety regulation and pharmaceutical and medical device preemption. She manages complex and multijurisdictional litigation both in state and federal court and also guides clients through product recalls.Clients appreciate Julie’s ability to assess both the practical business implications and legal impact of a matter. They also value the way she recommends solutions that meet their objectives.Julie is committed to providing thought leadership for her clients. She is an editor of, and frequent contributor to, MoFo’s <a href="http://classdismissed.mofo.com/" target="_blank">Class Dismissed</a> blog, where she provides insights on class-action and product–related issues affecting companies in the consumer arena. She has been recognized for her writing as a top author in the JD Supra Readers’ Choice Awards, 2016–2019.Julie is also committed to pro bono service and diversity in the legal profession. While at Harvard Law School, she worked at the Harvard Legal Aid Bureau, a nonprofit law firm that provides free legal services. She has continued her pro bono work at MoFo, which has resulted in her being a regular recipient of the Wiley W. Manuel Award from the California State Bar for pro bono contributions. She co-chairs the firm’s Women’s Strategy Committee and has served on the Associates Steering Committee of Athena San Diego, an organization that promotes professional growth for women executives and rising managers in science and technology.Julie brings an industry perspective to her work with MoFo. Before going to law school, she was a medicinal chemist at Pfizer, where she researched cancer drugs.Beyond her impressive legal work, Julie has a life in the arts. She is a professional-level violinist who performs with chamber music groups in the San Diego area and has played with the Harvard-Radcliffe Orchestra, Cambridge University Chamber Orchestra, and La Jolla Symphony.

Julie Park

Chair of Complex Litigation + Advisement

Alexandra Barlow is a seasoned advisor and litigator dedicated to addressing her clients’ most complex matters. A partner in Morrison Foerster’s Complex Litigation + Advisement Group, Alexandra represents leading companies in high-stakes product liability, class action, mass tort, and commercial litigation. She has extensive experience defending cases involving medical devices, pharmaceuticals, consumer products, automobiles, and emerging technologies such as artificial intelligence.Alexandra makes a point of mastering the details of her clients’ businesses to guide them through complex litigation. She dives deep into the technology behind their products and systems, collaborating with engineers, scientists, and other experts to understand how they function and to build strong, credible defenses. This hands-on approach shapes her case strategy and strengthens her ability to translate complex technical issues for judges and juries. She also counsels clients on risk management and litigation avoidance strategies, and regularly publishes and speaks on emerging issues in product liability and technology litigation, including AI-driven products, autonomous systems, and mass arbitration trends.With extensive experience in both California and federal courts, Alexandra is a trusted advocate for her clients in high-stakes disputes. Her practice spans the full litigation life cycle—from early case assessment through trial and appeal. She manages all phases of discovery, handles a wide range of dispositive and procedural motions, and frequently represents clients in mediations and other forms of alternative dispute resolution. Alexandra has also taken multiple matters to trial, delivering effective advocacy before judges and juries alike.A San Diego native, Alexandra is active in the local legal and academic communities. She takes pride in representing companies that drive innovation and economic growth in the region’s life sciences and technology sectors. She also maintains an active pro bono practice focused on protecting access to healthcare, supporting food security initiatives, and assisting veterans with discharge upgrades.Alexandra received her B.A. in political science, with a minor in Spanish, from the University of California, Los Angeles. She earned her J.D. from the University of San Diego School of Law, where her comment on the recovery of damages by plaintiffs in a persistent vegetative state was published by the San Diego Law Review. In recognition of her professional accomplishments and community engagement, Alexandra was honored with the University of San Diego School of Law’s 2024 Rising Star Recent Alumni Award.

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