Jan 16 2008
Wyeth has announced that The Honorable Stuart R. Berger of the Circuit Court for Baltimore City in Baltimore, Maryland, has granted Wyeth's motion to preclude plaintiffs' expert witnesses in an alleged vaccine injury case from testifying that exposure to thimerosal-containing vaccines can cause autism.
The court's decision, in the case of Blackwell, et al. v. Sigma Aldrich, Inc., et al., followed a 10-day evidentiary hearing held last August.
Judge Berger found that "thimerosal in vaccines does not cause or contribute to neurodevelopmental disorders such as autism," noting that "it is generally accepted in the relevant scientific community that autism is genetic in origin except in rare instances of prenatal exposures to certain substances at defined periods during pregnancy."
Judge Berger held that plaintiffs had failed to show that the methodologies underlying their expert witnesses' opinions are generally accepted as reliable in the scientific community. He also held that plaintiffs' expert witnesses were not qualified "by knowledge, skill, experience, training or education" or that they could not set forth a sufficient factual basis to support the causation opinions that plaintiffs wished to present to the jury.
"We believe that the court's decision is in complete accord with the overwhelming scientific evidence that there is no link between vaccines and autism. The court correctly applied Maryland law to bar unfounded opinion testimony on scientific issues," says Daniel J. Thomasch, lead trial counsel for Wyeth in this litigation, who is a partner at Orrick, Herrington & Sutcliffe LLP.
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