Thimerosal Vaccine Causation Hearing Expected in Late 2006

9/27/2005

Thimerosal vaccine litigation is alive, well and moving slowly forward to resolution. As you may be aware, under the Federal National Vaccine Compensation Program ("Program"), persons who have sustained an injury because of the receipt of certain vaccines can seek compensation for their injuries. The program, initiated in 1986, is intended to be a no-fault, non-adversarial means for vaccine-injured persons to seek redress. Lommen Nelson became involved in "vaccine litigation" in 2002 when we filed our first Thimerosal-related claim. The theory is that Thimerosal, a mercury-containing preservative added to multi-dose vials of childhood vaccines, causes neurotoxicity in certain susceptible populations, which in turn leads to autism, developmental delays and other such neurological conditions. Lommen Nelson has 31 Thimerosal cases filed under the program. Altogether there are more than 4,500 Thimerosal-related cases filed.

Attorneys from around the country who represent Thimerosal-injured persons with claims in the program have formed a Petitioners’ Steering Committee (PSC) with the intent of pooling resources to better prosecute these claims. The "Vaccine Court," the Court of Federal Claims, Office of Special Masters, charged with hearing these claims, established the Omnibus Autism Proceeding in July 2002. This was done to permit the PSC to first litigate the issue of general causation – does Thimerosal cause neurotoxicity – before the merits of each individual claim is determined. Sheila Bjorklund, a Lommen Nelson attorney, is on the executive committee of the PSC and co-chairs the legal subcommittee.

The PSC has retained national experts in the areas of epidemiology, cell science, toxicology and medicine. Many of these experts have already published results of studies indicating a causal connection between Thimerosal exposure and neuro injury. Research is ongoing. Additionally, the PSC and its experts are in the process of obtaining vaccine injury data in the control of the Centers for Disease Control, some of which was used and relied on by government researcher to pooh-pooh any connection. The PSC will be required to identify its experts in the first quarter of 2006. Expert opinions will be disclosed by mid-2006. After that the government attorneys will disclose their experts and opinions. A general causation hearing before the Special Master is expected to occur in late 2006.

Thimerosal is not the only vaccine litigation that Lommen Nelson is involved in. Ms. Bjorklund represents a number of other clients alleging injuries due to receipt of vaccines. For example, a three-year old girl developed aseptic meningitis following receipt of her MMR vaccine. She has a residual seizure disorder, hearing loss and severe developmental delays. Her petition was just recently filed, and resolution should come within the next year. Ms. Bjorklund also represents a 14-year old who is alleging an arthritis type immunoresponse to her hepatitis B injection.

Ms. Bjorklund has also been retained by an ex-Marine who developed chronic arthritis after receipt of the rubella vaccine. His petition was dismissed as untimely by the Special Master in 2004. He appealed pro se to the Court of Federal Claims, who upheld the Special Master. Lommen Nelson was retained to appeal the dismissal to the Federal Circuit Court of Appeals on the grounds that the two decisions below did not give full accord and effect to the statutory language identifying the triggering events commencing the running of the statute of limitations under the program. This is a hot issue in vaccine litigation. Oral argument before the Federal Circuit in Washington DC is scheduled for October 7.

For more information about vaccine injuries, contact Sheila Bjorklund at 800-752-4297, 612-336-9312 or sheila@lommen.com.

You can review past articles on vaccine litigation by clicking on the following article title:

Firm Obtains Landmark Vaccine Decision

National Program Takes Significant Step To Sort Out Vaccine/Autism Causation Issue

Lommen Nelson Explores Possible Link Between Childhood Vaccines and Autism.