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Fifth Circuit allows case against thimerosal maker to proceed.

Publication: Trial
Publication Date: 01-DEC-04 		Format: Online - approximately 743 words
Delivery: Immediate Online Access

Article Excerpt
The National ChildhoodVaccine Injury Act of 1986 does not bar suits against the manufacturer of the vaccine component thimerosal, the Fifth Circuit has ruled. (Moss v. Merck & Co., 381 F.3d 501 (5th Cir. 2004).) Because thimerosal is an additive, the court drew a distinction between its manufacturer, Eli Lilly & Co., and vaccine makers.

"Eli Lilly seeks to be treated on like terms as the vaccine defendants," wrote Judge Jerry Smith. "Because thimerosal is not a vaccine, its producers are not vaccine manufacturers as that term is defined in the Vaccine Act, so they are not entitled to the protections of the act's restriction on the filing of suits."...

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