There has been much debate with charges and counter-charges over the linkage between autism and mercury (thimerosal) that was used as a preservative in various vaccines given to children. Up until now the cases have been routed to the special Federal Court of Claims under the 1986 National Childhood Vaccine Injury Act. This court has been dubbed the "vaccine court" and it issues decisions without a jury on a no-fault basis, and many believe that the awards are lower than would be awarded in court in a case tried before a jury.
In March 2006, the Court of Appeals for the 5th Circuit based in New Orleans issued a ground-breaking decision in the case Holder v. Abbott Labs. [ Download Holder_v. Abbott Labs.pdf ]. This case for the first time opens the doors of federal court to jury trials to hear parents' cases alleging that mercury/thimerosal caused their child's autism.
Leave it to the fertile mind of a lawyers to find the way into court bypassing the restrictions of the "vaccine court." The argument is wonderfully simple. The suit centers on a preservative that is not the vaccine itself and was not even a needed component of the vaccine so it was not covered by the Vaccine Injury Act of 1986. The 5th Circuit Court of Appeals agreed and sent the case back to the federal court in Mississippi for jury trial.
The case is far from a certainty as the plaintiffs still have to prove that the mercury/thimerosal caused the child's autism; this argument has strong proponents and opponents each armed with studies and research. Even if this suit fails it is still an important round one in what promises to be the beginning of many such cases. The tobacco cases went on for years with the defendants winning every case until the fairly recent past. At the very least the arguments and science that link autism and mercury/thimerosal will finally get a full hearing before a jury and a court with powers to order damages that actually compensate the full measure of harm.
Hi Mr. Fox,
Just wondering what your impressions are of U.S. District Court Judge James Beatty's ruling in the case of John and Jane Doe v. Ortho-Clinical Diagnostics, Inc., and what effect it may have on the 5th Circuit autism-mercury case. Here's a link: http://scienceblogs.com/insolence/2006/07/the_geiers_humiliated_1.php#more
Posted by: mekei | July 10, 2006 at 09:53 AM
Visiting here from Respectful Insolence.
What I personally find offensive about the idea that courts and juries will rule on the imaginary autismthimerosal link is that it is not a legal issue, but a scientific one. All of the good science, including eight epiedmiological studies on different populations, reaches the same conclusion, i.e. there is no evidence. A recent study by Fombonne in Canada added to that. Replication of findings accross populations is one of the primary proofs of validity in science.
Instead, the juries will use the sympathy factor, and make awards. You will see the mommies and daddies with their kiddies in court and the juries will feel sorry for them.
Parenting a special child is NOT easy, as I have two, with totally different issues. However, in the long run, these cases will so burden the system that everyone will be affected. The court of appeals should be reversed. I hope that the other circuits are not as stupid.
BTW, your site is a pretty good resource for special ed.
Posted by: TheProbe | July 11, 2006 at 07:28 PM
i just want to know if a person can file a claim since there child was diagnosed with autism cause actually we think its from the shots and erveryone is denying it contact soon.
Posted by: juju | June 11, 2007 at 03:30 PM
I NEED A DEPARTMENT OF EDUCATION TO BRING MY SON'S EDUCATION.I WANT THEM TO START A NEW PRIVATE AND HE IS 13YEARS OLD AND HE USES PAMPERS HE DOESN'T KNOW HOW TO EAT,DRINK IN A CUP,HE DOESN'T KNOW HOW TO EAT WITH A SPOON,HE DOESN'T KNOW HOW TO WALK OUTSIDE,HE DOESN'T KNOW HOW TO TALK,AND IN THE SCHOOL THEY HIT HIM IN THE SCHOOL SO I'M GOING TO GIVE YOU MY PHONE NUMBER 1646-488-3899
Posted by: derek moore | November 13, 2008 at 07:00 PM