Judge Finds Vaccine Court Does Not Have Jurisdiction over Mother's Claims

MARSHALL, Texas - A federal judge said Feb. 10 he would allow a mother's individual claims against vaccine, thimerosal and immune globulin makers to proceed while her son's claims against vaccine makers are pending before the Vaccine Court. Vera Easter v. Aventis Pasteur, et al., No. 03-CV-141 (E.D. Texas, Marshall Div.).

U.S. District Judge T. John Ward agreed with the manufacturer defendants that plaintiff Vera Easter's claims on behalf of her son are subject to the Act, but that her individual claims against the thimerosal and immune globulin defendants are not and can proceed. Judge Ward also dismissed with prejudice …