Plaintiffs Will Appeal Preemption Ruling in Thimerosal Case

PHILADELPHIA - Plaintiffs have filed a notice in federal district court indicating their intent to appeal a recent decision dismissing with prejudice several state law thimerosal claims the court held were preempted by federal law. Sykes v. GlaxoSmithKline, et al., No. 06-1111 (E.D. Pa.).

A notice of appeal was filed March 29 in U.S. District Court for the Eastern District of Pennsylvania, the same day that a federal judge there granted motions for judgment on the pleadings and for summary judgment filed by several vaccine defendants named in the case.

Judge Lawrence F. Stengel ruled that state law claims filed …