Court Reverses Dismissal of Autism Claim Against Thimerosal Makers

CHICAGO - Thimerosal is not considered an adulterant under a statute that requires tort claims against vaccine manufacturers to be filed in federal claims court, but a plaintiff may file a state law claims against the companies that manufacture the preservative, an appeals court has ruled. Reilly v. Wyeth, et al., No. 02 L 014697 (Ill. Ct. App., Third Div.).

The Third Division Illinois Court of Appeals ruled Sept. 28 that, for the most part, a Cook County Circuit Court judge did not err in dismissing a complaint filed on behalf of a boy who developed autism, allegedly as a …