ACSH staffers are interested in how the Obama administration might advise the U.S. Supreme Court concerning a Georgia family s lawsuit against Wyeth and GlaxoSmithKline. The Georgia Supreme Court allowed the case to proceed for a determination of whether the parents claim that the use of the preservative thimerosal in several vaccines is to blame for their son s neurological disorders has any merit. Wyeth and GSK contend that federal law protects vaccine manufacturers from liability. This case could shed some light on the Obama administration s position on issues of vaccines, explains ACSH s Dr. Gilbert Ross, so we fervently hope he comes down on the side of vaccine safety.
The Supreme Court s hesitation to accept the case is a testament to the gravity of the legal ramifications that could result. It s not a clear-cut issue, says ACSH's Jeff Stier. If they allow it to proceed, it might mean that they think these cases should be heard entirely in the court system.
Dr. Ross thinks that this could set an unfavorable precedent: Epidemiology is very clear on the dangers of thimerosal, and there are none. I sure hope the administration agrees that scientifically resolved issues do not need to be retried in the U.S. judicial system.
