5th Circuit Again Finds Thimerosal Claims 'Cognizable,' But Dismisses Vaccine Makers

NEW ORLEANS -- The 5th Circuit Court of Appeals reversed a lower court on April 26 and repeated its prior holding that Thimerosal defendants are not vaccine manufacturers under the National Childhood Vaccine Act. McDonal v. Abbott Laboratories, et al. No. 02-60773. (5th Cir. App.).

The court ruled that the claims against the Thimerosal manufacturers 'are cognizable in federal court, and the District Court erred by dismissing them from this action because they are not deemed to be 'vaccine administrators or manufacturers' within the understanding of the Vaccine Act.'

But the court also opined that claims brought by Mable and …