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Victory for Vaccine Makers - Setback for Parents

Posted by Jane Akre
Thursday, February 12, 2009 1:20 PM EST
Category: Major Medical, Protecting Your Family
Tags: Autism, Children's Health, FDA and Prescription Drugs, Childhood Vaccines, MMR

Three families denied compensation in Vaccine court is bad news for thousands of others. 



IMAGE SOURCE: Wikimedia Commons/ 18-mo. Autism boy obsessively stacking cans/ author: andwhatsnext 


Three Families Denied Autism Compensation

Three families who claimed their children were damaged by vaccines were turned away by a special U.S. court that oversees such cases.

All three families claimed that the measles, mumps and rubella (MMR) vaccine caused their children’s autism. 

The special court ruled the evidence does not back their claims.

The ruling is a legal setback for thousands of parents of autistic children who believe that common childhood vaccines, preserved with mercury-based thimerosal, are responsible for their children’s neurological disorders.

The Vaccine Court Omnibus Autism Proceeding, made up of three “special masters,” heard the cases.   

The families sought compensation under the National Vaccine Injury Compensation Program. It is funded by a 75-cent-per-vaccine tax and is a $2.5 billion fund. 

As a no-fault system, the fund was established to offer immunity to vaccine makers and was intended to encourage them to stay in the business of making vaccines in the face of mounting lawsuits.

The panel said the arguments were “speculative and unpersuasive.”

"The evidence does not support the general proposition that thimerosal-containing vaccines can damage infants' immune systems," Special Master George Hastings wrote, after reviewing tens of thousands of documents and hours of oral arguments, according to Reuters.

The Cases

The parents of Michelle Cedillo, Colten Snyder, and William Yates Hazlehurst, were before the court. All three children suffer from autism.  The families had to persuade the court that it was more likely than not that the children’s autism was directly related to the MMR shots they received.

"I further conclude that while Michelle Cedillo has tragically suffered from autism and other severe conditions, the petitioners have also failed to demonstrate that her vaccinations played any role at all in causing those problems."

Hastings also rejected an argument that some children may be genetically "hypersusceptible" to mercury.

Hannah Poling

But that was exactly the argument in the case of Hannah Poling, a precocious, high functioning and verbal toddler until, at 19 months, she received a five-shot series of childhood vaccines in July 2000 that "significantly aggravated an underlying mitochondrial disorder" which resulted in a brain disorder with features of autism.

The U.S. Department of Health and Human Services conceded the case in this November 9, 2007 document that journalist David Kirby posted on the Huffington Post. He calls it a document every American should read

5,300 other cases have been filed by parents who strongly believe their children’s conditions were caused by vaccines.  Injured individuals who have been judged to be vaccine damaged have averaged more than $1 million.

The National Vaccine Information Center’s president said more studies are needed.  "I think it is a mistake to conclude that, because these few test cases were denied compensation, it's been decided vaccines don't play any role in regressive autism," said Barbara Loe Fisher, said to ABC News. 

Former National Institutes of Health (NIH) director Bernadine Healy has warned those in the health community that the voices of so many parents, who watched their children change in some cases overnight, should not be so easily dismissed

Autism can cause sudden social withdrawal, screaming, repetitive, and compulsive behaviors.  Symptoms generally begin to emerge around the age of three.  More are more likely to be autistic than girls and after an explosion in the number of autism cases nationwide, it’s now estimated that more than one million children have the disorder.   # 


Anonymous User
Posted by Dr. Proffit
Thursday, February 12, 2009 1:57 PM EST

It's a great day for science. Now can we just get back to injecting infants with levels of organic mercury hundreds of times higher than all government safety limits. Our profits have really started to slip!

Posted by Candy
Thursday, February 12, 2009 3:04 PM EST

There may not be a link in all children. My son reached every milestone and was talking. And then not long after he got the vaccine, which I waited until he was 3, he stopped no talking what so ever! Thank god, he is now repeating some words at 7 years old. Why must we put toxins in anything for a child? Please tell me that!

Posted by Jane Akre
Thursday, February 12, 2009 3:17 PM EST

If you are a parent of a child with autism that occured after vaccinations - how will this court ruling impact your pursuit of compensation in vaccine court?

Thank you.

Anonymous User
Posted by Joe
Thursday, February 12, 2009 4:09 PM EST

I'm a parent. We never had a chance Jane. In 2000 me and my daughter saw 13 different pediatric specialists at a major university hospital. Our last visit was to a pediatric gastroentrologist. He said my daughter wasn't having bowel movements because of her autism. This was ever letting us sit in a room filled with bio-hazardous waste for an hour and a half. Our cost that year for worthless advice from mainstream pediatric specialists was over $50,000. When we walked out of there 8 years ago I said, "we're on our own honey". I'll be sure to repeat those words tonight!

Anonymous User
Posted by Jay
Thursday, February 12, 2009 9:13 PM EST

Jane Akre, I don't want compensation. I want JUSTICE so stop acting like we are ambulance chaiser. You will be judged one day yourself.

Autism affects 1 in 150 children. Our government does not care. It’s afraid of what it will find if it looks too closely and the potential effects to our economy if they prove it environmental. I have lost all faith in government and the medical community. They spend more trying to prove what does not cause Autism then they do in finding the catalysts that have provoked this epidemic. I have 2 children. One neurologically typical and one with Autism Spectrum Disorder, both were born neurologically typical and one regressed after vaccination. Coincidence, maybe, but I know a lot of people with the same story that I trust much more then people with conflicts of interest holding up studies that contained only 23 children with Autism and 13 without. My child also has tested positive via toxicology screenings by reputable medical labs for elevated levels of mercury in his system. After he received the MMR cocktail he ran a high fever (105) and was cold and clammy to the touch. We called the doctor and a she told us not to worry unless he goes into seizures as his temperature continued to rise. We freaked out, she did not care that he was reacting. Next we begun to lose him and he would drift inward, next came the bowel incontinence that we are still trying to heal many years later. He is now 10 and has accidents on a daily basis; fortunately cognitive functions have improved since we moved to a GFCF diet. I know many other people with the same story, the same progression, and the same improvements with a GFCF diet. This is my research, it is our life but our hope is running out. Our medical bill pile up while insurance companies refuse to pay for any treatments related to Autism because all treatments are considered “unproven”. If you question the powers that be, you’re ridiculed. Drug companies hire propagandists to go on blogs and post to ridicule concerned parents caring for Autistic children.

Posted by Jane Akre
Thursday, February 12, 2009 10:49 PM EST

I've been misunderstood. If you search the stories we've generated on this site by me, you will find a VERY sympathetic ear toward parents.
Parents know. The stories are too similar not to contain truth. That is obvious even to the most dense among us! Even Bernadine Healy said so.

There is nothing wrong with financial compensation - it is no substitute for having you child back whole - but it might help with simple living expenses. Believe me- I do not think you are an "ambulance chaser" - a horribly derogatory term - created by the Chamber of Commerce to turn the public against attorneys.

In fact if any of you would like a voice here for our National Voices segment - I can give you some space to tell your story and share your insights. Maybe you have found a treatment that works, for example.

The public / courts/ federal health officials are appaulingly uncaring. But imagine the cost to the above if the connection is made. The liability would eclipse anything we've seen, since the vaccine schedule is not only recommended but mandated. Follow the money trail!

Posted by barb
Thursday, February 26, 2009 3:55 PM EST

The following is the BEST book I have found about autism: Healing the New Childhood Epidemics, Autism, ADHD, Asthma, and Allergies, by Kenneth Bock, M.D. and Cameron Stauth.

One thing you all should know that is not common knowledge is vaccines have secret ingredients and are probably the direct cause for the "food allergy epidemic" among young children (now it is about 8%)

Vaccines contain an adjuvant that increases the body’s immune response to the protein in the vaccine. Something that the public and most physicians don’t realize is that the adjuvant can contain a trace of food protein. This is a protected trade secret and does not have to appear on the package insert. Soy, sesame, peanut, wheat germ, corn, shellfish, and fish oils are listed as ingredients in the patents.

Anonymous User
Posted by Ron Kingdon
Friday, April 03, 2009 8:11 PM EST



Comments for this article are closed.

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