The Superior Court of Pennsylvania has held that a trial court in a case alleging thimerosal poisoned a young boy and caused his autism spectrum disorder abused its discretion in determining that “weighty reasons” existed to justify dismissal of the claim based on forum non conveniens (codified at 42 Pa.C.S. � 5322(e)). Wright v. Aventis Pasteur Inc., 905 A.2d 544 (Pa. Super. 2006).
During her pregnancy, plaintiff Jacqueline Wright received three injections of thimerosal-containing immune globulin blood products because she was Rh negative. All three injections were administered in Texas. Jared, the child she bore, received numerous vaccinations from his Texas pediatrician during the normal course of his periodic well-baby examinations. By the time he was 15 months old, Jared had been exposed to numerous thimerosal-containing vaccinations. Plaintiffs brought suit in Philadelphia alleging that, as a result of Jared’s exposure to high levels of mercury contained in the thimerosal-laced injections, he now suffers from an Autism Spectrum Disorder. On defendants’ motion, the trial judge concluded that the combination of inconvenience to the parties and a lack of Philadelphia ties militated for dismissal.
