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Eli Lilly Documents Reveal Dangers of Thimerosal
PRESS RELEASE
March 17, 2002
(For Immediate Release)
Claire M. Bothwell
Waters & Kraus, LLP
200 Oceangate, Suite 520
Long Beach, California 90802
Tel: (562) 436-8833
Fax: (562) 590-7296
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
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