Many parents of autistic children are emotionally and economically spent, attempting to care for their children who in many cases can‘t speak, aren‘t toilet-trained and suffer from severe mood swings. A growing number of families have blamed the condition of their children on thimerosol, a mercury-based preservative used to keep bacteria out of children‘s vaccines sold in multiple-dose vials.

Unfortunately, there were no studies done to determine thimerosol‘s possible side effects on the developing brains of babies. Also health officials who pushed to expand immunizations in the 90s didn‘t consider million of kids would be exposed to amounts of mercury that would exceed federal guidelines.

By all accounts, there are more than 4,000 families demanding compensation to pay for the special needs of their children and their claims have overwhelmed a sector of the U.S. Court of Federal Claims, referred to as the "vaccine court."

Health officials and vaccine producers dispute these claims, saying there‘s no proof the minute exposure to thimerosal (1 part mercury per 10,000 parts of vaccine) causes brain damage. In fact, one CDC official believes only "junk scientists and charlatans" support the link between autism and thimerosal. However, parents cite their own studies that prove the opposite.

Not only are vast amounts of money at stake, but the reputations of vaccine producers and two federal agencies--FDA and CDC--could be tarnished if not ruined in the process, if the court rules in favor of families. On the other hand, the federal immunization program has been hailed as a great success for saving many children from illness and death.

The federal "vaccine" court opened nearly two decades ago as a response by Congress to a severe liability problem, because shots were blamed for horrible injuries and deaths. Vaccine makers considered leaving the business altogether, which threatened the nation‘s supply.

Eventually, the National Vaccine Injury Compensation Act was enacted to protect the industry from civil litigation by instituting a system of no-fault compensation. Under the law, families file petitions that are heard by special masters. Successful claims are paid from a trust fund fed by a 75-cent surcharge per vaccine dose.

The Department of Health and Human Services oversees the trust fund, and the Justice Department serves as its lawyer.

News is autism litigation has approached a crucial stage. Experts will joust over whether mercury causes autism at hearings in the next few months. If the special master rules against parents of autistic children, legal proceedings end. If not, individual claims will be reviewed and heard. Many expect the ensuing flood of claims may clean out the trust fund.

In the meantime, large vaccine manufacturers, Merck, Wyeth, Aventis-Pasteur and Glaxo, are anxious: Although they are safe from liability in the vaccine court, the companies are worried because claims have begun to appear in the civil courts.

Lexington-Herald Leader August 8, 2004