The
Dallas-based law firm of Waters & Kraus announced today that it has received documents
as a result of the discovery process in the case of ounter v. Eli Lilly & Company, et
al, currently pending in Brazoria County, Texas that come from the archives of Eli Lilly
& Company. The documents clearly demonstrate that Lilly's thimerosal product,
the mercury-based vaccine preservative implicated in a number of recent law suits as
causing neurological injury to infants, was known as early as April 1930 to be dangerous.
In
its apparent eagerness to promote and market the product, in September, 1930, Eli Lilly
secretly sponsored a "human toxicity" study on patients already known to be
dying of meningococcal meningitis. Senior partner Andrew Waters stated that, "Lilly
then cited this study repeatedly for decades as proof that thimerosal was of low toxicity
and harmless to humans. They never revealed to the scientific community or the
public the highly questionable nature of the original research."
While Eli Lilly made every effort to corrupt the medical and scientific literature, the
process of arranging to publish the results of its questionable secret study, other
researchers have provided Lilly with numerous articles since the 1930's indicating
concerns about thimerosal and its potential hazard to humans who might be exposed or
injected with the substance. The evidence clearly demonstrates that Eli Lilly was
advised repeatedly that their conclusions of low toxicity were not warranted and that they
failed to pass the information on to appropriate federal and public health
authorities. The following time line illustrates some, but by no means all, of the
documentary evidence on this point from Lilly's internal files:
1947 - Article received by
Lilly: "No eruptions or reactions have been observed or reported to merthiolate
internally, but it may be dangerous to inject a serum containing merthiolate into a
patient sensitive to merthiolate."
1948 - Article received by
Lilly: "Merthiolate is such a commonly used preservative for biologicals, plasma,
cartilage, etc., that it would seem important to determine
whether harm would result following its subcutaneous or intravenous injection
in skin sensitive individuals."
1950 - New York Academy of
Science article, "Mercurials as Antiseptics:"It (merthiolate) is toxic when
injected parenterally and therefore cannot be used in chemotherapy."
1963 - Article received by
Lilly: "There is another point of practical significance: does the parenteral
injection of merthiolate-containing fluids cause disturbances in
merthiolate-sensitive patients?" "It is known that persons that are
contact sensitive to a drug may tolerate the same medications internally, but it seems
advisable to use a preservative other than merthiolate for injections in
merthiolate-sensitive people."
8/17/67 - Medical/Science
department requests that the claim "non-toxic" on thimerosal labels be deleted
in next printing run.
8/29/67 - Draft label
changed to "non-irritating to body tissues," non-toxic omitted.
1972 - British Medical Journal
reports case of skin burns resulting from the chemical interaction of thimerosal and
aluminum. "Mercury is known to act as a catalyst and to cause aluminum to
oxidize rapidly, with the production of heat."The manufacturers who supply us with
thimerosal have been informed." [Thimerosal is being used in vaccines which
also contain aluminum].
1972 - Article
received by Lilly: Merthiolate in vaccines caused six deaths? "The
symptoms and clinical course of the six patients suggest subacute mercury poisoning."
4/27/76 - Lilly responds to Rexall
Drug Company's efforts to place the following warning on Merthiolate product:
"Frequent or prolonged use or application to large areas may cause mercury
poisoning." Lilly objects to this proposed warning, stating: "We object to the
connection of our trademark with the unjustified alarm and concern on the part of the user
which the statement is likely to cause? We are not aware of any instance of 'mercury
poisoning' after decades of marketing this product. This is because the mercury in
the product is organically bound ethylmercury as a completely non-toxic nature, not
methylmercury."
1/5/82
FDA's advance notice of proposed rule
making regarding thimerosal:
"At the cellular level, thimerosal has been found to be more toxic for human
epithelial cells in vitro than mercuric chloride, mercuric nitrate, and merbromim
(mercurichrom). "It was found to be 35.3 times more toxic for embryonic chick
heart tissue than for staphylococcus areus."1950 study showed that thimerosal
was no better than water in protecting mice from potential fatal streptococcal
infection."
"The Panel concludes that thimerosal is not safe for OTC topical use because of its
potential for cell damage if applied to broken skin and its allergy potential. It is
not effective as a topical antimicrobial because its bacteriastatic action can be
reversed."
4/7/83 - Additional language added
to some Lilly labels: "As with any drug, if you are pregnant or nursing a baby, seek
the advice of a health professional before using this product."
1991 - Lilly ceases
manufacture/sale of thimerosal. Licensing agreements demonstrate continued profits
from the product until at least 2010.
12/8/99 Lilly MSDS
regarding thimerosal:
"Primary Physical &
Reproduction Effects: Nervous System and Reproduction Effects"
"Effects of exposure include
fetal changes.
"Mercury poisoning may
occur."
"Exposure in children may
cause mild to severe mentalretardation... ."
"Hypersensitivity
to mercury is a medical condition aggravated by exposure."
CERCLA Hazardous substance? toxic
waste disposal.
Waters & Kraus is litigating a growing number of individual cases across the country
involving infants that sustained serious neurological injuries from the thimerosal
contained in their pediatric vaccines. Waters & Kraus is leading the following
coalition of firms in bringing these cases to trial:
Evert & Weathersby,
L.L.C.
3405 Piedmont Road, Suite 225
Atlanta, Georgia 30305-1764
Tel: 404.233.8718
DORAN & MURPHY, LLP
1234 Delaware Avenue
Buffalo, New York 14209
Tel: 716.884.2000
Dogan & Wilkinson
726 Delmas Avenue
Pascagoula, Mississippi 39567
Tel: 228.762.2272
O'CONNELL & O'SULLIVAN
217 N. McLean Blvd., Suite 2C
Elgin, Illinois 60123
Tel: 847-741-4603
Hendrickson & Long
214 Capital Street
P.O. Box 11070
Charleston, W. VA 25339
Tel: 304.346.5500
ANDERSON & KRIGER, APLC
40925 County Center Drive, Suite 210
Temecula, California 92591
Tel: 909.296.5090
WISE & JULIAN, PC
3555 College Avenue
Alton, Illinois 62002
Tel: 618.462.2600
MARTZELL & BICKFORD
338 Lafayette Street
New Orleans, Louisiana 70130
Tel: 504.581.9065
NANCE, CACCIATORE AND
HAMILTON
525 North Harbor Blvd.
Melbourne, Florida 32935
Tel: 321.254.8416
FERRARO & ASSOCIATES,
P.A.
First Union Financial Center
200 South Biscayne Boulevard, Suite 3800
Miami, Florida 33131
Tel: 305.375.0111
Cantor, Arkema and Edmonds,
P.C.
First National Bank Building
823 East Main Street
P.O. Box 561
Richmond, VA 23218-0561
Tel: 804.644.1400
Thomasson, Gilbert, Cook
& Maguire, LC
715 North Clark
P.O. Box 1180
Cape Girardeau, Missouri 63702-1180
Tel: 573.335.6651
WALLACE & GRAHAM
525 N. Main Street
Salisbury, North Carolina 28144
Tel: 704-633-5244
THE HENDLER LAW FIRM, P.C.
816 Congress Avenue, Suite 1100
Austin, Texas 78701
Tel: 512.473.3672
