Government Wants Thimerosal Class Action in Federal Claims Court

PORTLAND, Ore. - The federal government has intervened in a thimerosal class action claiming that the U.S. Court of Federal Claims has exclusive jurisdiction over the case, which the government says falls under the National Vaccine Injury Compensation Program. King, et al. v. Aventis Pasteur, Inc., et al., No. CV-01-1305 (D. Ore.).

According to a Statement of Interest filed March 4, the U.S. Department of Health and Human Services(HHS) claims plaintiffs in the thimerosal action have erroneously asserted that the mercury-containing preservative is an "adulterant" or "contaminant" whose inclusion in the vaccine allows plaintiffs to side step the vaccine injury …