court permits vaccine claims to proceed

PRESS RELEASE: COURT PERMITS VARIOUS CLAIMS TO PROCEED VERSUS VACCINE
MANUFACTURERS AND THIMEROSAL SUPPLIERS

May 7, 2002 The Honorable United States District Judge Samuel B. Kent
handed down a landmark ruling in the case of O'Connell v.
American Home Products Corporation, et al, a case pending in
the United States District Court for the Southern District of
Texas ? Galveston Division.

In its Order, the Court considered the issue of whether a
child's claims that his symptoms of autism resulted from
exposure to thimerosal (ethylmercury) contained in pediatric
vaccines could proceed in federal court. The Court determined
that Michael Joseph O'Connell's claims must first be brought
within the National Vaccine Injury Compensation Program (NVICP)
prior to being presented in state or federal court.

However, the Court ruled that Michael's claims against
thimerosal suppliers (including Sigma Aldrich, GDL
International, EM Industries, and Eli Lilly) were properly
stated and could proceed. The Court further ruled that the
claims of the boy's parents, Michael and Eileen, could proceed
against all defendants, as such claims are not encompassed by
the NVICP and need not be brought first in that forum.

This is the first known case in which a court has ruled on the
issue in question. The decision has implications for
litigation across the country, as it is now believed that more
than 100 such cases are pending in various courts. Partner
Andy Waters had the following comment: "While the Court found
against us on this particular issue, we are encouraged that the
Court recognized the independent nature of the parents' claims.
It has clearly held that these claims may proceed."

A copy of the decision can be accessed on our website:
www.autismlawyer.net