Georgia Supreme Court Clears Way for Vaccine Lawsuit

Lawsuit Alleges Mercury in Vaccine Responsible for Autism

A unanimous decision by the Georgia Supreme Court has upheld a first-ever ruling by the Georgia Court of Appeals stating that the National Childhood Vaccine Injury Compensation Act does not pre-empt state law.

This means that a case against vaccine maker American Home Products Corp, also known as Wyeth, brought by the Ferrari family, who are alleging that their son Stefan developed autism from a mercury based preservative in a vaccine, can go ahead. And, Wyeth may be liable for damages.

Marcelo and Carolyn Ferrari believe they can prove that thimerosal, a preservative that contains mercury, was responsible for Stefan's autism, which he developed after he had received a round of booster shots at 18 months. The parents claim their son was talkative up until that point, but has not talked since. He is currently 10 years old.

Thimerosal is no longer used in standard childhood vaccines, with the exception of flu vaccines that are not single dose vaccines.

OCT-07-08-30-08: Couple can sue vaccine company, court says [MSNBC: COURT CLEARS WAY FOR VACCINE LAWSUIT]

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Published on Oct-7-08