Thimerosal Manufacturer Not a Vaccine Manufacturer, U.S. 5th Cir. Holds

"The Vaccine Act [42 U.S.C. § 300aa-1 et seq.] is a remedial program designed to provide swift compensation to persons injured by vaccines, while ensuring that the nation's supply of vaccines is not unduly threated by the costs and risk of tort litigation. To that end, victims of a 'vaccine-related injury or death,' ... are barred from seeking redress in the courts unless they have first filed a claims for recovery in a specialized Vaccine Court." In Moss v. Merck & Co., the Fifth Circuit rejected Eli Lilly's attempt to bring itself under the Vaccine Act's protection. Eli Lilly manufactured Thimerosal, a mercury-containing preservative used in several childhood vaccines. The Mosses alleged that their daughter developed autism because of mercury-containing vaccines. Eli Lilly persuaded the district court to dismiss the Mosses claims against it, but the Fifth Circuit reversed.

Posted by RPW at August 17, 2004 10:25 AM