Pa. Superior Court Upholds Dismissal of Parent's State Law Thimerosal Injury Suit

PHILADELPHIA - The Pennsylvania Superior Court recently affirmed a trial court's dismissal of a lawsuit filed by a couple who sought to recover damages for their son's alleged vaccine-related injury. The appellate court dismissed the action after finding the parents failed to first file a petition in the National Vaccine Injury Compensation Program (NVICP). Alan J. Cheskiewicz, et al. v. Aventis Pasteur Inc., et al., No. 572 EDA 2003 (Pa. Super. Ct.).

The Feb. 23 opinion, which was written by Judge Mary Jane Bowes, rejected the arguments of plaintiffs Allan and Rita Cheskiewicz that they could pursue claims in state …