INDIAN TRAIL, N.C. -- A couple who says their son became
autistic because of mercury poisoning from multiple vaccines against childhood
diseases is taking their complaint to court.
Lee and Jill Urwick filed suit in Union County Superior
Court alleging that manufacturers of thimerosal -- the mercury derivative used
as a preservative in vaccines -- and vaccine manufacturers and distributors knew
of mercury's potential dangers and failed to take appropriate precautions to
protect children.
It is the first such lawsuit in North Carolina, but one
of several filed across the country in recent years by parents who believe
thimerosal in vaccines is one of the causes of the country's rising incidence of
autism.
Although the Urwicks are the only plaintiffs in the North
Carolina suit, lawyer Clair Campbell of Charlotte said she expects to add
numerous plaintiffs as the lawsuit progresses.
"Everybody's wondering why the incidence of children with
autism is increasing," Campbell said. "We're hoping with this litigation we can
get some answers."
The lawsuit names eight companies as defendants,
including GlaxoSmithKline and Aventis Pasteur, which both have offices in North
Carolina.
Nancy Pekarek, spokeswoman for GlaxoSmithKline, said the
company has produced thimerosal-free vaccines since 2000, at the request of the
U.S. Food and Drug Administration.
"There's no scientific evidence that there is any harm
caused by thimerosal-containing vaccines," she said. "Vaccines have done an
incredible job of preventing disease."
Federal, state and local public health officials stress
that no connection has been proven between mercury and autism.
An Institute of Medicine report in October said there is
an unproved but "biologically plausible" risk that the substance could cause
neurological problems. It concluded that children and pregnant women should
avoid thimerosal and recommended further studies.
Since the 1930s, many childhood vaccines have contained
thimerosal. The preservative was used in vaccines against hepatitis B, whooping
cough, diphtheria, tetanus and bacterial meningitis.
In 2000, a statement by a coalition of medical and public
health organizations recommended that companies stop using mercury in most
vaccines.
"Within a very short time, they had gotten thimerosal out
of the vaccines, all but influenza (which is rarely given to infants)," said Dr.
Samuel Katz, a Duke University Medical Center pediatrician who helped write the
joint statement.
Most drug companies made it well-known to doctors that
they would take back old supplies and provide new mercury-free vaccines free of
charge, Katz said. "Any supplies of the old vaccines are outdated or used or
exchanged."
Part of the uncertainty about mercury's effects is
because most information about mercury poisoning in humans involves methyl
mercury. Thimerosal is a derivative of ethyl mercury, a different chemical
entity. Studies are under way involving ethyl mercury, Katz said.
Lawyer Campbell said studies of thimerosal should have
been done before it was used in vaccines for infants. She has medical experts
who will testify that thimerosal use increased from 1990 to 1997 at the same
rate that autism increased in the country.
The lawsuit asks for monetary damages and also seeks
removal of any mercury-containing vaccines from health-care offices in the
state. "We want them taken off the shelves immediately," Campbell said.
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"A foolish faith in authority is the worst enemy of truth."
-- Albert Einstein, letter to a friend, 1901
"I know of no safe depository of the ultimate powers of the society but the people themselves, and if we think them not enlightened enough to exercise control with a wholesome discretion, the remedy is not to take it from them, but to inform their discretion by education."
-- Thomas Jefferson, letter to William C. Jarvis, September 28, 1820
"What's the point of vaccination if it doesn't protect you from the unvaccinated?"
-- Sandy Gottstein
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