5th Cir. Denies Thimerosal Maker Protection Under Vaccine Act

NEW ORLEANS - Manufacturers of the vaccine preservative Thimerosal are not protected by the federal Vaccine Act from limitations on personal injury lawsuits, the 5th Circuit Court of Appeals ruled Aug. 16. Moss v. Merck & Co., No. 03-30958 (5th Cir.).

The Circuit Court panel reversed an order by the U.S. District Court for the Western District of Louisiana dismissing Eli Lilly & Co. from the suit, saying it would not 'rewrite a complex federal regulatory scheme to suit their purposes.'

Eli Lilly has asked for rehearing en banc.

Scott and Janice Moss allege that their daughter, Amber, developed autism …