EDITORIAL

Republicans in Washington have thrown a one-two punch at trial lawyers and have socked advocates for autistic children in the process. If they have their way, pharmaceutical giant Eli Lilly and Co. will gain greater protection from lawsuits, while people suing on behalf of autistic children will have a more arduous road to the courthouse. That shouldn't happen.

First, congressional Republicans sneaked a provision into the new Homeland Security Law forcing lawsuits involving autism allegedly caused by the vaccine preservative, Thimerosal, into the U.S. Court of Federal Claims, Office of Special Masters, or vaccine court. People with lawsuits could be forced back to square one.

Then, last week, Justice Department lawyers asked a special master in the vaccine court to block public access to documents in the 1,100 autism claims it is already handling. Officials said they are simply asserting their right to control access to the documents.

But, taken together, the two moves will make future autism claims involving Thimerosal - which contained mercury - more difficult and time-consuming for plaintiffs. The request for secrecy should be denied. And Republicans in Congress should keep their promise to revisit and openly debate the Thimerosal provision in the Homeland Security Law.

The vaccine court was established in 1986 as an alternative to litigation. Plaintiffs are not bound by the court's rulings. But vaccine claims must be heard there first, before lawsuits can be filed. Awards for actual damages, such as medical costs, are not limited. But those for death or pain and suffering are capped at $250,000. The provision slipped into the Homeland Security Law - no sponsor has claimed credit - expanded the vaccine court's purview to include additives like Thimerosal.

Some information unearthed in courts should be private: Trade secrets, for instance, or the sordid details of divorce. But scientific studies and information on what Eli Lilly knew and when it knew it should not qualify.

If Republicans want to make litigation tougher for autistic children, they should at least have the courage to do it in the open.