5th Circuit Court of Appeals Denies Miss. Couple's Thimerosal Lawsuit Rehearing Request

NEW ORLEANS - The 5th Circuit Court of Appeals on June 6 denied a request for rehearing by a Mississippi couple who unsuccessfully appealed dismissal of their vaccine lawsuit. McDonal v. Abbott Laboratories, et al. No. 02-60773 (5th Cir. App.).

Mable and Daryl McDonals sued vaccine and Thimerosal manufacturers in Mississippi state court, alleging that their daughter JamieLee's profound mercury poisoning was caused by the preservative Thimerosal in a regimen of vaccines given to the child.

The family sought damages for strict liability, negligence and breach of warranty.

Wyeth, Aventis Pasteur and other defendants removed the lawsuit to the …