Thimerosal is an ethyl-mercury based preservative used in various vaccines and a number of other biological products since the 1930's. Its purpose was to help prevent potentially life threatening contamination with harmful microbes.

If you or your child was inoculated with a vaccine containing thimerosal and adverse reactions were experienced, you may have a valid legal claim.

Today, all routinely recommended pediatric vaccines manufactured for the U.S. market contain no thimerosal, or only trace amounts.  However, vaccines are being made for adult inoculations using thimerosal.  It is also being used for pediatric vaccines that are used for non-routine treatments.

Mercury is present in the environment in inorganic and organic forms.  It occurs in three forms:

• the metallic element,
• inorganic salts,
• organic compounds (eg, methyl mercury, ethyl mercury, and phenyl mercury).

The toxicity of mercury is complex.  It depends on the form of the mercury, the route of entry, the dose, and the age of the person exposed.

Just being exposed does not necessarily result in problems.  Interesting to note: everyone is exposed to small amounts of mercury when they eat tuna from a can or consume any predatory fish.  FDA studies have indicated that a 6-ounce can of tuna contains an average of 17 µg (range, 1.7-127 µg) of mercury.  Freshwater fish (walleye, pike, muskie, and bass) may contain even higher concentrations of mercury as well.

Amalgam fillings in women may cause mercury exposure to the developing fetus (approximately 70% of the U.S. population have  amalgam fillings).  Most women are recommended, by their physicians, to substantially reduce the amount of fish they consume while pregnant.

Local fish safety advisories and bans provide information about the safety of eating fish. The Environmental Protection Agency's (EPA) points of contact for local advisories are listed below in "Thimerosal General Interest Web Links".

As mercury toxicity is believed to be cumulative, guidelines have been established by the EPA, the FDA, and the Agency for Toxic Substances and Disease Registry (ATSDR), to minimize preventable exposures to mercury from food and other environmental sources. Based on the assumption that exposures will continue for long periods, maximum recommended allowable daily exposures are as follows: EPA, 0.1 micrograms of mercury per kilogram per day; ATSDR, 0.3 µg/kg/day; and FDA, 0.4 µg/kg. This variability in guidelines from different organizations reflects differences in the populations studied and the use of different safety factors.

The purpose of these guidelines is the prevention of  exposure of women who are of childbearing age to amounts of thimerosal / mercury that might be toxic to the rapidly developing brain of the fetus. 

Immunizations for disease are recommended.  The known risks of serious consequences from the preventable infections far outweigh the risks of vaccines, even if thimerosal-free products are not available.

The AAP urges government agencies to work rapidly toward reducing children's exposure to mercury from all sources. Because any potential risk is of concern, the AAP and the USPHS agree that the use of thimerosal-containing vaccines should be reduced or eliminated. The AAP also believes that physicians should minimize children's exposure to thimerosal, but they should not compromise the health of children by withholding routinely recommended immunizations. This should be possible given the flexibility in the current immunization schedule (eg, see recommendations number 2 and 3 below).

The following recommendations are made to optimize vaccine administration and minimize exposure to thimerosal.

• If there are limited supplies of thimerosal-free products available, priority should be given to use in premature infants.
• The Academy of Pediatrics and the USPHS agree that the use of thimerosal-containing vaccines should be reduced or eliminated.
• Presently, the only thimerosal-free hepatitis B vaccine available (COMVAX) also contains Hib vaccine (PRP-OMP). This is not approved for use before 6 weeks of age because of decreased response to the Hib component. This thimerosal-free vaccine may be given to infants born to HBsAg-negative women beginning at the 2-month visit. If thimerosal-free vaccine is not available, hepatitis B virus vaccination should not be initiated until 6 months of age.  Immunization for the prematurely born infant should be deferred until the infant reaches a size and developmental level that corresponds to the term infant.   (A hepatitis B vaccine, which does not contain thimerosal, is expected to be made available soon.)
• Pregnant women, nursing mothers, and young children should follow fish advisories from state health, environmental, and conservation officials and should counsel parents about reducing exposures to other sources of mercury. The Academy of Pediatrics is developing additional information on this subject.

"The FDA has determined that infants who receive thimerosal-containing vaccines at several visits may be exposed to more mercury than recommended by federal guidelines for total mercury exposure." (FDA Advisory)

You are entitled to know the medical benefits and risks of vaccines containing thimerosal before the vaccine is actually given to you or your child. 

If you or your child has, or had, neurological symptoms after receiving a vaccine containing thimerosal, see your doctor immediately. Then you should seek the advice of an attorney to determine  your  rights to recover damages to help defray the costs of future treatment and provide compensation for your pain and suffering.

Drug litigation can be complex.  It is best to seek the counsel of a personal injury attorney with experience in this specific field of law.