Vaccine-Maker Can Be Sued For Damages, Georgia Supreme Court Rules
The parents of a Georgia boy who was disabled after receiving the vaccine thimerosal can sue the vaccine’s maker for their son’s injury, the Georgia Supreme Court has ruled.
In its ruling on a 1986 federal law that had shielded vaccine companies from such suits, the state court held that Marcelo and Carolyn Ferrari can proceed with their civil lawsuit for financial damages against American Home Products Corp., now known as Wyeth.
The family alleges that thimerosal, a mercury-based preservative, caused their son, Stefan, to lose the ability to speak. The boy was a talkative 18-month old when he received a round of booster shots, but now at age 10, Stefan hasn’t spoken since, his parents said.
Other state courts have ruled that the federal law preempts any state laws that might give families the power to challenge the vaccine manufacturers in court. The Georgia court, however, rejected that preemption argument and ruled that the federal law is unclear about whether it was meant to supersede conflicting state laws.
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