 In March 2006, the U.S. Fifth Circuit Court of Appeals ruled that plaintiffs suing three manufacturers of thimerosal could bypass the vaccine court and litigate in either state or federal court using the ordinary channels for recovery in tort.This is the first instance where a federal appeals court has held that a suit of this nature may bypass the vaccine court.The argument was that thimerosal is a preservative, not a vaccine, so it does not fall under the provisions of the vaccine act.