Fifth Circuit Vacates Trial Court's Order Dismissing Claims Against Miss. Physicians

NEW ORLEANS - A trial court's ruling that the Mississippi physicians and pharmacies that supplied vaccines containing thimerosal were fraudulently joined to two suits filed by the parents of children who sustained injuries as a result of exposure to the mercury-based preservative was vacated by the Fifth Circuit. Bryan D. Collins, et al., v. American Home Products, Corp., et al., No. 02-60736 (5th Cir.). and John W. Stewart, et al., v. American Home Products, Corp., et al., No. 02-60764 (5th Cir.).

In an opinion filed Sept. 9, U.S. Circuit Court Emilio M. Garza wrote that the district court abused its …