Appellate Court of Illinois

In a personal injury suit resulting from autism allegedly caused by exposure to the mercury-based preservative thimerosal, contained in several childhood vaccines, dismissal of the case is affirmed as to the representative claims brought on behalf of plaintiffs' son against the vaccine manufacturers for lack of subject matter jurisdiction and as to count VII for intentional infliction of emotional distress where plaintiffs cannot establish that defendants engaged in "extreme and outrageous conduct" or that defendants intended or knew that there was a high probability that their conduct would cause severe emotional distress. Dismissal is reversed as to the representative claims brought on behalf of plaintiffs' son against the thimerosal manufacturers where claimants are not required to exhaust all remedies under the National Childhood Vaccine Injury Act in order to proceed against vaccine manufacturers.

Appellate Information

• Decided 09/28/2007
• Published 10/03/2007

Judges

Court

• Appellate Court of Illinois

Counsel