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An Atlanta couple’s lawsuit against vaccine manufacturers can go to trial on claims a childhood vaccine caused neurological damage to their young son, the Georgia Supreme Court ruled Monday.


In a landmark decision, the state high court unanimously ruled that Marcelo and Carolyn Ferrari’s lawsuit is not barred by the 1986 National Childhood Vaccine Injury Compensation Act. The court upheld a prior decision by the Georgia Court of Appeals, which was the first appellate court in the nation to make such a ruling.



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When the Ferraris’ 18-month-old son, Stefan, received his vaccines, he was a healthy verbal boy. Now 10, Stefan has not spoken since, according to court records.


A year after Stefan received his vaccines, the American Academy of Pediatrics recommended that thimerosal, a preservative used for multi-dose vaccine vials, be removed from childhood vaccines. The Ferraris filed suit, contending that the manufacturers should have made vaccines without the preservative before Stefan was vaccinated.


The companies argued that the 1986 vaccine act shields manufacturers from liability in civil lawsuits for damages caused by vaccines given after Oct. 1, 1988.


In Monday’s ruling, written by Justice George Carley, the state Supreme Court said the vaccine act “clearly does not preempt all design defect claims against vaccine manufacturers.”


Instead, it provides “that a vaccine manufacturer cannot be held liable for defective design if it is determined, on a case-by-case basis, that the injurious side effects of the particular vaccine were unavoidable,” the ruling said
- October 8th, 2008, 10:42 pm
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I really wish doctors would take the concerns we have as parents over these vaccines more seriously. While I realize the importance of the vaccines, it is also important to look at the effects they are having on our children. I don't think any vaccines caused my son's autism(unless it was the hepatitis vaccine given to him after he was born). But after his last booster shots, his behavior went totally south for a few weeks. He started hitting and pushing girls in his school. He is back to his normal self now, but those few weeks after his shots were rough for him. When asked about the shots, the doctor admitted they did contain thermosal. Amazingly, the news media and CDC claim there is no thermosal in vaccines anymore.





All I can suggest to parents is that if you still want to have your children vaccinated, break up the shots. There is no reason to get every shot in one visit. Space them out over several months.





G
- October 14th, 2008, 08:42 am
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I am in the camp of vaccines causing my son's disability. He would become sick after his shots and then regress profoundly...





I am not anti-vaccine, but agree with you, G, that they should be spaced out.





Dana
- October 21st, 2008, 10:56 pm
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Very familiar with this case. Vaccines are introduced too fast
and we had a change in our daughter after a combination of vaccinations
at an early age. Daughters still vaccinated but not on any new drug
just taken to market.
- July 21st, 2009, 10:05 pm
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Since I posted this, there have been other cases, specifically the Polling case...

I have done some research on mitochrondria and I am wondering if there could be some real merit to this theory...

Scary...
- July 23rd, 2009, 11:41 am
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