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March 2002 Press Release - Waters & Kraus exposes damaging historical

documents from Eli Lilly about Thimerosal

 

For those of you interested, following is our latest press release about the

documents we obtained from Eli Lilly. When you read what they knew about

mercury, you'll be furious!

 

Claire M. Bothwell Waters & Kraus, LLP

200 Oceangate, Suite 520 Long Beach, California 90802 Tel: (562) 436-8833 Fax:

(562) 590-7296

 

PRESS RELEASE

 

March 17, 2002

(For Immediate Release)

 

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 Counter 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 mental retardation... . "

 

" 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

 

======================================================= Statements posted on

this list are for information only, and should NOT be taken as medical advice.

If you need medical advice, you should seek it from those who are authorized to

give medical advice: doctors.

 

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