>
>For those of you interested, following is our latest press release about
>the documents we obtained from Eli Lilly. When you read what they knew
>about mercury, you'll be furious!
>
>Claire M. Bothwell
>Waters & Kraus, LLP
>200 Oceangate, Suite 520
>Long Beach, California 90802
>Tel: (562) 436-8833
>Fax: (562) 590-7296
>
> PRESS RELEASE
>
> March 17, 2002
> (For Immediate Release)
>
> The Dallas-based law firm of Waters & Kraus announced today that it
>has received documents as a result of the discovery process in the case of
>Counter v. Eli Lilly & Company, et al, currently pending in Brazoria
>County, Texas that come from the archives of Eli Lilly & Company. The
>documents clearly demonstrate that Lilly's thimerosal product, the
>mercury-based vaccine preservative implicated in a number of recent law
>suits as causing neurological injury to infants, was known as early as
>April 1930 to be dangerous.
>
> In its apparent eagerness to promote and market the product, in
>September, 1930, Eli Lilly secretly sponsored a "human toxicity" study on
>patients already known to be dying of meningococcal meningitis. Senior
>partner Andrew Waters stated that, "Lilly then cited this study repeatedly
>for decades as proof that thimerosal was of low toxicity and harmless to
>humans. They never revealed to the scientific community or the public the
>highly questionable nature of the original research."
>
> While Eli Lilly made every effort to corrupt the medical and
>scientific literature, the process of arranging to publish the results of
>its questionable secret study, other researchers have provided Lilly with
>numerous articles since the 1930's indicating concerns about thimerosal and
>its potential hazard to humans who might be exposed or injected with the
>substance. The evidence clearly demonstrates that Eli Lilly was advised
>repeatedly that their conclusions of low toxicity were not warranted and
>that they failed to pass the information on to appropriate federal and
>public health authorities. The following time line illustrates some, but
>by no means all, of the documentary evidence on this point from Lilly's
>internal files:
>
>1947 Article received by Lilly: "No eruptions or reactions have been
> observed or reported to merthiolate internally, but it may be
> dangerous to inject a serum containing merthiolate into a patient
> sensitive to merthiolate."
>
>1948 Article received by Lilly: "Merthiolate is such a commonly used
> preservative for biologicals, plasma, cartilage, etc., that it
> would seem important to determine whether harm would result
> following its subcutaneous or intravenous injection in skin
> sensitive individuals."
>
>1950 New York Academy of Science article, "Mercurials as Antiseptics:"
> "It (merthiolate) is toxic when injected parenterally and
> therefore cannot be used in chemotherapy."
>
>1963 Article received by Lilly: "There is another point of practical
> significance: does the parenteral injection of
> merthiolate-containing fluids cause disturbances in
> merthiolate-sensitive patients?" "It is known that persons that
> are contact sensitive to a drug may tolerate the same medications
> internally, but it seems advisable to use a preservative other
> than merthiolate for injections in merthiolate-sensitive people."
>
>8/17/67 Medical/Science department requests that the claim "non-toxic" on
> thimerosal labels be deleted in next printing run.
>
>8/29/67 Draft label changed to "non-irritating to body tissues,"
>non-toxic omitted.
>
>
>1972 British Medical Journal reports case of skin burns resulting from
> the chemical interaction of thimerosal and aluminum. "Mercury is
> known to act as a catalyst and to cause aluminum to oxidize
> rapidly, with the production of heat." "The manufacturers who
> supply us with thimerosal have been informed." [Thimerosal is
> being used in vaccines which also contain aluminum].
>
>1972 Article received by Lilly: Merthiolate in vaccines caused six
> deaths ? "The symptoms and clinical course of the six patients
> suggest subacute mercury poisoning."
>
>4/27/76 Lilly responds to Rexall Drug Company's efforts to place the
> following warning on Merthiolate product: "Frequent or prolonged
> use or application to large areas may cause mercury poisoning."
> Lilly objects to this proposed warning, stating:
>
> "We object to the connection of our trademark with the
> unjustified alarm and concern on the part of the user which the
> statement is likely to cause? . We are not aware of any
> instance of 'mercury poisoning' after decades of marketing this
> product. This is because the mercury in the product is
> organically bound ethylmercury as a completely non-toxic
> nature, not methylmercury."
>
>1/5/82 FDA's advance notice of proposed rule making regarding
>thimerosal:
>
> "At the cellular level, thimerosal has been found to be more
> toxic for human epithelial cells in vitro than mercuric
> chloride, mercuric nitrate, and merbromim (mercurichrom)." "It
> was found to be 35.3 times more toxic for embryonic chick heart
> tissue than for staphylococcus areus." 1950 study showed that
> thimerosal was no better than water in protecting mice from
> potential fatal streptococcal infection."
>
> "The Panel concludes that thimerosal is not safe for OTC
> topical use because of its potential for cell damage if applied
> to broken skin and its allergy potential. It is not effective
> as a topical antimicrobial because its bacteriastatic action
> can be reversed."
>
>4/7/83 Additional language added to some Lilly labels: "As with any
> drug, if you are pregnant or nursing a baby, seek the advice of a
> health professional before using this product."
>
>1991 Lilly ceases manufacture/sale of thimerosal. Licensing
> agreements demonstrate continued profits from the product until
> at least 2010.
>
>12/8/99 Lilly MSDS regarding thimerosal:
>
> "Primary Physical & Reproduction Effects: Nervous System
> and Reproduction Effects"
>
> "Effects of exposure include fetal changes.
>
> "Mercury poisoning may occur."
>
> "Exposure in children may cause mild to severe mental
> retardation... ."
>
> "Hypersensitivity to mercury is a medical condition
> aggravated by exposure."
>
> CERCLA Hazardous substance ? toxic waste disposal.
>
> Waters & Kraus is litigating a growing number of individual cases
>across the country involving infants that sustained serious neurological
>injuries from the thimerosal contained in their pediatric vaccines. Waters
>& Kraus is leading the following coalition of firms in bringing these cases
>to trial:
>
>Evert & Weathersby, L.L.C.
>3405 Piedmont Road, Suite 225
>Atlanta, Georgia 30305-1764
>Tel: 404.233.8718
>
>DORAN & MURPHY, LLP
>1234 Delaware Avenue
>Buffalo, New York 14209
>Tel: 716.884.2000
>
>Dogan & Wilkinson
>726 Delmas Avenue
>Pascagoula, Mississippi 39567
>Tel: 228.762.2272
>
>O'CONNELL & O'SULLIVAN
>217 N. McLean Blvd., Suite 2C
>Elgin, Illinois 60123
>Tel: 847-741-4603
>
>Hendrickson & Long
>214 Capital Street
>P.O. Box 11070
>Charleston, W. VA 25339
>Tel: 304.346.5500
>
>ANDERSON & KRIGER, APLC
>40925 County Center Drive, Suite 210
>Temecula, California 92591
>Tel: 909.296.5090
>
>WISE & JULIAN, PC
>3555 College Avenue
>Alton, Illinois 62002
>Tel: 618.462.2600
>
>MARTZELL & BICKFORD
>338 Lafayette Street
>New Orleans, Louisiana 70130
>Tel: 504.581.9065
>
>NANCE, CACCIATORE AND HAMILTON
>525 North Harbor Blvd.
>Melbourne, Florida 32935
>Tel: 321.254.8416
>
>FERRARO & ASSOCIATES, P.A.
>First Union Financial Center
>200 South Biscayne Boulevard, Suite 3800
>Miami, Florida 33131
>Tel: 305.375.0111
>
>Cantor, Arkema and Edmonds, P.C.
>First National Bank Building
>823 East Main Street
>P.O. Box 561
>Richmond, VA 23218-0561
>Tel: 804.644.1400
>
>Thomasson, Gilbert, Cook & Maguire, LC
>715 North Clark
>P.O. Box 1180
>Cape Girardeau, Missouri 63702-1180
>Tel: 573.335.6651
>
>WALLACE & GRAHAM
>525 N. Main Street
>Salisbury, North Carolina 28144
>Tel: 704-633-5244
>
>THE HENDLER LAW FIRM, P.C.
>816 Congress Avenue, Suite 1100
>Austin, Texas 78701
>Tel: 512.473.3672
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