Bush Admin. Withdraws Motion to Seal Thimerosal Documents
Advocacy Groups Question Whether Future Cases Will Be Subject to the Secrecy
Order
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PRNewswire via COMTEX - The US Department of Justice agreed today to
withdraw its motion to the US Court of Federal Claims Office of Special
Master to seal all documents related to present thimerosal-autism claims.
The Mercury Policy Project and SAFE MINDs said that the withdrawal of the
motion was a step in the right direction. However, the groups questioned
whether documents in future cases would be subject to the secrecy order.
"The Bush Administration has overreached in its attempt to seal
documents in thimerosal cases and the withdrawal of their motion bears that
out," said Michael Bender, director of the Mercury Policy Project.
"Unfortunately, this agreement only addresses half the loaf of bread. While
the motion's withdrawal may help those involved in current litigation, it
leaves unresolved what this means for future cases."
While the groups acknowledge that some information unearthed in court
should be kept private -- like trade secrets -- they maintain that
scientific studies and information should not qualify. In addition to the
documents obtained through discovery from Eli Lilly, these also include
unreleased confidential documents from the Centers for Disease Control
stating that mercury in children's vaccines is a potential source of
neurological damage in children including ADD/ADHD, speech and language
delays and other neurological disorders including autism.
"We question the Bush Administration's blatant attempt to hide from
the American public documents affecting the health and safety of millions of
children -- especially when the material in question is as dangerous as
mercury," said Lyn Redwood, Pres. SAFE MINDs. "What are they trying to
hide?"
While federal law typically seals documents in individual cases, it
has not been applied to omnibus proceedings like the autism cases.
"What's the policy argument for such incredible secrecy?" said Sallie
Bernard, executive director of SAFE MINDs. "The timing and the scope of this
unprecedented secrecy action by the Bush Administration raises serious
questions, considering that lawmakers have pledged to revisit the thimerosal
liability shield provision in the Homeland Security Act when they return in
January."
"The Bush Administration's secrecy request was premature, highly
unusual and went against federal rules that impose severe restrictions on
sealing of documents," said MPP director Bender. "The public -- and
especially families of autistic children -- have a right to know about what
Eli Lilly knew and when they knew it, both now and into the future."
The Mercury Policy Project and SAFE MINDs are non-profit organizations
dedicated to reducing and eliminating mercury exposure and improving
children's health and environmental outcomes through the elimination,
treatment, and scientific investigations of mercury, regardless of its
source, including thimerosal in medical products.
More information is available at
http://www.safeminds.org or
http://www.mercurypolicy.org
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