Federal Court Lacks Jurisdiction over Thimerosal Action, Magistrate Finds

PORTLAND, Ore. - A class action involving some 30 million U.S. children who received vaccines containing the additive thimerosal does not present substantial federal questions under the National Vaccine Injury Compensation Act and should be remanded to state court, a federal magistrate has recommended. King, et al. v. Aventis Pasteur, Inc., et al., No. 01-1305-AS (D. Ore.).

In a findings and recommendation filed Jan. 7 in the U.S. District Court for the District of Oregon, U.S. Magistrate Judge Donald C. Ashmanskas said the state law claims alleged in the complaint do not fall under the Act because they involve claims …