Thimerosal Vaccine Lawsuit Can Go Forward, Georgia Supreme Court Says

[Guest guest]

Always good to see this happen because the outcome usually flattens

the whole autism causes vaccines conspiracy theory.

Always a shame when this happens because frivolous lawsuits like

these clog up the court system at the expense of the taxpayers.

Administrator

http://www.newsinferno.com/archives/3967

Thimerosal Vaccine Lawsuit Can Go Forward, Georgia Supreme Court Says

Date Published: Wednesday, October 8th, 2008

A Georgia couple with an autistic son will be allowed to sue the

maker of the vaccine they claim is responsible for the child's

disorder. In an unanimous ruling, the Georgia Supreme Court said

that the National Childhood Vaccine Injury Compensation Act, the 1986

federal law that has been used to bar similar lawsuits, does not

preempt state law. This case marks the first time a state appellate

court has issued such a ruling in a vaccine injury case.

Marcelo and Carolyn Ferrari allege that a vaccine made by American

Home Products Corp., now known as Wyeth, caused their son to develop

autism. The vaccine contained the preservative thimerosal, a mercury-

based chemical. The couples lawsuit claims that their son, Stefan,

was a normal toddler before he was administered thimerosal-containing

vaccines when he was 18 months old. The boy, now 10, hasn't spoken

since.

According to the Department of Health and Human Services, the

National Childhood Vaccine Injury Act of 1986 created the National

Vaccine Injury Compensation Program (VICP). The VICP was established

to ensure an adequate supply of vaccines, stabilize vaccine costs,

and establish and maintain an accessible and efficient forum for

individuals found to be injured by certain vaccines. The VICP is a no-

fault alternative to the lawsuit for resolving vaccine injury claims

that provides compensation to people found to be injured by certain

vaccine

Wyeth had argued that the Ferrari's lawsuit was barred by the

National Childhood Vaccine Injury Compensation Act, claiming that

Congress wanted the federal law to pre-empt state rules. Other courts

have ruled in favor of this argument in other vaccine injury cases.

But the Ferrari's lawsuit contended that the federal law was meant

to supplement state law, not replace it.

The Georgia court agreed with the plaintiffs. In its ruling, written

by Justice Carley, the court held that federal law " clearly

does not pre-empt all design defect claims against vaccine

manufacturers. " To be immune from state defective design claims, the

court said that vaccine manufacturers must prove on a case-by-case

basis that the side effects of a particular vaccine were unavoidable.

For years, autism advocates have claimed that vaccines containing

thimerosal contributed to autism. Thimerosal contains mercury, a

chemical known to cause brain damage. In July 1999, following a

review of mercury-containing food and drugs, the Centers for Disease

Control and the American Academy of Pediatrics asked vaccine makers

to remove thimerosal from vaccines as quickly as possible.

Despite a rising prevalence of autism among US children, the

government and vaccine industry have insisted that thimerosal has not

played a role in the autism epidemic. However, thimerosal has been

removed in recent years from standard childhood vaccines. The only

exception are flu vaccines, which are not packaged in single doses.

This entry was posted on Wednesday, October 8th, 2008 at 9:39 am and

is filed under Legal News, Pharmaceuticals.