Vaccine Court Cases – Vaccines Can Trigger Autism, 13 Times
Three
Recent Cases – The Court Said No
There have been three recent court
cases where the court ruled that vaccines did not cause autism in one type of
incident with one type of vaccine.
Thirteen
Cases – The Court Said Yes
There are thirteen cases that we
are aware of where the courts have ruled in favor of the families. Some
of the cases are outlined below.
The Hannah Poling Case – Vaccines Triggered Her Autism
DAVID KIRBY: HANNAH POLING
REALLY DID CHANGE EVERYTHING
By: David Kirby
On June 29, HHS, CDC, FDA and
NIH will hold a major public workshop on mitochondrial disorders, autism and
“triggers for neurological deterioration.” And to think, just four months ago,
any scientist who had seriously proposed a high-profile, marquis meeting on
such an esoteric subject would probably have been laughed out of HHS
headquarters, and possibly his or her career.
But that was before Hannah
and her parents came along.
When news of the two Poling
concessions began to emerge in March, officials from the CDC and other agencies
were quick to mount a defensive public relations posture, one that still clouds
and confuses the importance of this seminal case, but now seems to be lifting
like the haze over Atlanta.
Back then, CDC Director Dr.
Julie Gerberding and others took to the airwaves to proclaim that Hannah’s case
was, 1) Extremely rare, 2) An inherited, genetic condition that would have lead
to regressive encephalopathy anyway, and 3) Without any bearing on the etiology
of ASD or any relationship whatsoever to the court’s other cases of autism
(which Hannah did not have, we were falsely told: She just had “autism like
features.”)
Soon after that, I reported
that mitochondrial disorders in ASD kids were not that rare after all.
Estimates ranged from 7% to about 30% of all ASD cases involving an underlying
dysfunction of the mitochondria, as measured through impairment of oxidative
phosphorylation (and thus low cellular energy). Among regressive cases, the
rate may be higher than that.
The CDC took note. On March
29, Gerberding told CNN’s Dr. Sanjay Gupta that, “If a child was immunized, got
a fever, had other complications from the vaccines, and (is) pre-disposed with
the mitochondrial disorder, it can certainly set off some damage…. Some of
these symptoms can be symptoms that have characteristics of autism. I think we
have to have an open mind about this.”
In fact, the CDC’s mind had
become so opened after learning how prevalent mitochondrial disorders were in
autism, that the agency agreed to dedicate a conference call with vaccine
researchers and HMO executives on new research on the topic.
What did they learn? That
many children with regressive ASD out there also had the same
low-cellular-energy biomarkers as Hannah.
And there was more: The
scientists told the government and the insurance industry (which is reportedly
tired of footing the bill for so many neuro-damaged kids) that the nuclear DNA
mutation that confers mitochondrial dysfunction, passed down through the
father, could be as prevalent as 1-in-50 people, or 2% of the population.
Estimates of the classic,
more rare and serious form of mitochondrial “disease,” meanwhile, which is
passed down through the mother via mitochondrial DNA, are about 1-in-5,000, or
0.02%.
A week or so later, in
Washington on April 11, the CDC announced its new draft research agenda for
vaccine safety issues. Amazingly, among the questions that CDC officials now
wanted answered was this one:
“Is immunization associated
with increased risk for neurological
deterioration in children
with mitochondrial dysfunction?”
Apparently, the CDC was one
step ahead of everyone else on this question, because it simultaneously
announced on April 11 that it had already formed, “a working group to study
methods related to mitochondrial disorders and immunization, in collaboration
with partners.”
Immunization and
mitochondrial disorders are a very tricky subject. Children with such disorders
might be more susceptible to autistic regression following a stressful event on
their immune system. This “trigger” could include any number of childhood
febrile infections – including those for which there are vaccines.
But then again, as Hannah’s
case teaches us, the trigger might also be too many vaccines at once – in this
instance, nine.
But what was it about those
nine vaccines, given in five jabs that induced fever, and, “an immune response
that exceeded metabolic reserves,” as Concession #2 described the “cause” of
Hannah’s “autistic encephalopathy?”
What vaccine ingredient or
ingredients induced her metabolic meltdown?
Was it the 50 micrograms of
ethylmercury from thimerosal? Was it aluminum in several of her shots, put
there precisely to create stimulation of the immune system? Was it one or more
of the live viruses or attenuated viruses she received? Was it one of the other
vaccine ingredients? Or, was it some combination of the above?
And, the question remains,
wouldn’t some other natural fever have pushed Hannah over the edge just as
easily? (It’s possible, though not certain, as I reported HERE.)
In less than two weeks,
experts may begin to shed some light on these critical questions (and
hallelujah to that.)
On June 29, a public workshop
will be held in downtown Indianapolis, following a meeting of the United
Mitochondrial Disease Foundation.
The title of the workshop is,
“Mitochondrial Disorders of Childhood: Testing, Potential Relationships to
Autism Spectrum Disorders, and Triggers for Neurological Deterioration.”
This landmark event is being
sponsored by a number of Federal agencies including DHHS, CDC, FDA, NINDS and
NIMH. “Observers are welcome,” the HHS says, “as seating allows.”
The Goals and Objectives as
listed as followed:
“The workshop will convene 11
experts in mitochondrial disorders or autism to discuss how the neurology of mitochondrial
disorders might inform autism research.” (Click HERE)
Meanwhile, the UMDF’s website
gives us a slightly more expanded take:
“The workshop will address
the implications for autism research of topics such as neurological features of
mitochondrial disorders, current understanding of their exacerbating factors,
and challenges in testing and diagnosis.” (Click HERE)
The italics are mine. In the
Poling concession, the government said that vaccine-induced fever and immune
stimulation exacerbated Hannah’s mito dysfunction, which caused her “autistic
encephalopathy.”
Meanwhile, “Representing the
mitochondrial disease communities at the workshop through their affiliation
with the UMDF are: Charles A. Mohan, Jr., Executive Director and CEO of the United
Mitochondrial Disease Foundation, Howard Zucker, M.D., J.D., UMDF
Trustee, Salvatore DiMauro, M.D., Columbia University and Chairman
of the UMDF’s Scientific and Medical Advisory Board (SMAB). Also
representing the SMAB are Bruce Cohen, M.D., Cleveland Clinic, Vamsi Mootha,
M.D., Massachusetts General Hospital, Doug Wallace, PhD., University of
California, Irvine. Also attending are past SMAB members Robert K.
Naviaux, M.D. PhD., and Richard Haas, M.D., both from University of California
– San Diego School of Medicine and Tanja Taivassalo, PhD. who is a previous
recipient of the UMDF research grant.
It looks like a nice group. I
may not make it to Indy, but I can’t wait to read the transcripts.
And thank you, Hannah and her
parents, for getting this big old ball rolling.
David Kirby is a journalist,
Age of Autism contributor and author of Evidence of Harm. To read more of
his work, please click on his name in our left sidebar. And click HERE to read
his Huffington Post pieces.
More About the Landmark Hannah Poling Autism / Vaccine
Case:
Comments by: David Kirby
MITOCHONDRIAL DYSFUNCTION AND
AUTISM:
The Hannah Poling Case – In
2008, medical personnel at Health and Human Services (HHS) determined that this
girl's autism was caused by, "vaccine induced fever and immune stimulation
that exceeded metabolic reserves." Hannah had low cellular energy related
to her underlying and mild mitochondrial dysfunction. Many children with autism
claims in Vaccine Court have almost identical mitochondrial dysfunction.
Mitochondrial disorders are
not rare in autism -- Research suggests that dysfunction may affect 10-to-30%
of all kids with autism -- perhaps more among "regressive" cases.
Mitochondrial disorders are
probably not rare in the general population -- Such disorders were thought to
affect 1-in-5,000 people. But new research suggests that genetic mutations that
might confer mitochondrial dysfunction might be found in 1-in-400 to 1-in-50. A
study by the United Mitochondrial Disease Foundation (UMDF) found mitochondrial
DNA mutations that might cause disease in up to 1-in-200 people.
Children with mitochondrial
disorders are at greater risk of autistic regression -- A new study by
researchers at Cleveland Clinic and elsewhere found that a trigger for autistic
regression in kids with mito disorders could possibly come from a vaccine
reaction. "There might be no difference between the inflammatory or
catabolic stress of vaccinations and that of common childhood diseases,"
they wrote.
Children with mitochondrial
disorders are at greater risk of vaccine injury -- This according to Dr.
Douglas Wallace, Professor of Molecular Medicine and Director of the Center for
Molecular and Mitochondrial Medicine in Genetics at UC Irvine. A member of the
UMDF's scientific board, he stated, "We advocate spreading vaccines out as
much as possible -- each time you vaccinate, you're creating a challenge for
the system, and if a child has an impaired system that could in fact trigger
further clinical problems."
The Baily Banks Case
Generation Rescue, USA
Today Advertisement and Press Release – “Government Again Concedes Vaccines
Cause Autism”
Mysterious Vaccine Court
created in 1986 by the pharmaceutical industry, with the support of Congress,
rules in favor of Bailey Banks against HHS.
Los Angeles - February 24,
2009 - Generation Rescue, Jenny McCarthy and Jim Carrey’s Los Angeles-based
non-profit autism organization, today announced that the United States
Government has once again conceded that vaccines cause autism. The
announcement comes on the heels of the recently unsealed court case of Bailey
Banks vs. HHS. The ruling states, “The Court found that Bailey would not
have suffered this delay but for the administration of the MMR vaccine…a
proximate sequence of cause and effect leading inexorably from vaccination to
PDD [Autism].”
In a curious and hypocritical
method of operation, the mysterious Vaccine Court not only protects vaccine
makers from liability but supports a policy that has tripled the number of
vaccines given to U.S. children – all after being made aware of the fact that
these vaccines do, in fact, cause autism and repeatedly ruling in favor of
families with children hurt by their vaccines.
“It was heartbreaking to hear
about Bailey’s story, but through this ruling we are gaining the proof we need
to open the eyes of the world to the fact that vaccines do, in fact, cause
autism,” said Jenny McCarthy, Hollywood actress, autism activist, best-selling
author and Generation Rescue board member. “Bailey Banks’ regression into
autism after vaccination is the same story I went through with my own son and
the same story I have heard from thousands of mothers and fathers around the
country. Our hope is that this ruling will influence decision and
policy-makers to help the hundreds of thousands of children and families
affected by this terrible condition.”
Banks vs. HHS is the second
known case where the Vaccine Court could not deny the overwhelming evidence
showing vaccines caused a child's autism. The first was the case of
Hannah Poling in March of 2008, where the court found in her favor and awarded
her family compensation.
Jim Carrey, Hollywood legend
and Generation Rescue board member, reacted to the news, “It seems the U.S.
government is sending mixed messages by telling the world that vaccines don't
cause autism, while, at the same time, they are quietly managing a separate
‘vaccine court’ that is ruling in favor of affected families and finding that
vaccines, in fact, were the cause. For most of the autism community the
question is no longer whether vaccines caused of their child’s autism.
The question is why is their government only promoting the rulings that are in
favor of the vaccine companies.”
Why is a secret court, which
no one knows about or understands, quietly paying these families for vaccine
injuries and autism? Deirdre Imus, Generation Rescue board member and
founder of the Deirdre Imus Environmental Center for Pediatric Oncology says,
“Over the past 20 years, the vaccine court has dispensed close to $2 billion in
compensation to families whose children were injured or killed by a
vaccine. I am not against vaccines and my own child has been
vaccinated. But, I share the growing concerns of many parents questioning
the number of vaccines given to children today, some of the toxic ingredients
in vaccines, and whether we know enough about the combination risks associated
with the multiple vaccines given to children during critical developmental
windows.”
To help spread the word of
the Banks ruling, Generation Rescue also bought a full-page ad that will run in
the USA Today on 02/25/2009, which has a daily circulation of 2,272,815.
Generation Rescue seeks to
answer these questions and many more on a daily basis as they fight for the
truth and to recover children with autism around the world. To learn more
please visit www.generationrescue.org, write to media@generationrescue.com
About Generation Rescue
Generation Rescue is an
international movement of scientists, physicians and parent-volunteers
researching the causes and treatments for autism and helping thousands of
children begin biomedical treatment.
ANOTHER AUTISM CASE WINS IN VACCINE COURT
By Robert F. Kennedy, Jr.
http://www.huffingtonpost.com/robert-f-kennedy-jr-and-david-kirby/vaccine-court-autism-deba_b_169673.html
On February 12, the federal "Vaccine Court" in
Washington issued a sweeping ruling in three highly touted "test
cases" against families who claimed that their childrens' autism had been
caused by vaccines. The Special Masters in those three cases found that
Petitioners failed to establish causation between MMR vaccines, the
mercury-laced vaccine preservative thimerosal, and autism (the court decision,
which is under appeal, deferred any finding on a thimerosal-only theory of
causation). The rulings could have a significant precedential impact on some
5,000 families who opted to bring their cases in the Omnibus Autism Proceedings
(OAP) hoping that the vaccine court would officially hold that the MMR vaccine
or thimerosal had caused autism in their children.
The New York Times joined the government Health Agency
(HRSA) and its big pharma allies hailing the decisions as proof that the
scientific doubts about vaccine safety had finally been "demolished."
The US Department of Health and Human services said the rulings should
"help reassure parents that vaccines do not cause autism." The Times,
which has made itself a blind mouthpiece for HRSA and a leading defender of
vaccine safety, joined crowing government and vaccine industry flacks
applauding the decisions like giddy cheerleaders, rooting for the same court
that many of these same voices viscously derided just one year ago, after
Hannah Poling won compensation for her vaccine induced autism.
But last week, the parents of yet another child with autism
spectrum disorder (ASD) were awarded a lump sum of more than $810,000 (plus an
estimated $30-40,000 per year for autism services and care) in compensation by
the Court, which ruled that the measels-mumps-rubella (MMR) vaccine had caused
acute brain damage that led to his autism spectrum disorder.
The family of 10-year-old Bailey Banks won their case
quietly and without fanfare in June of 2007, but the ruling has only now come
to public attention. In the remarkably clear and eloquent decision, Special
Master Richard Abell ruled that the Banks had successfully demonstrated that
"the MMR vaccine at issue actually caused the conditions from which Bailey
suffered and continues to suffer."
Bailey's diagnosis is Pervasive Developmental Disorder --
Not Otherwise Specified (PDD-NOS) which has been recognized as an autism
spectrum disorder by CDC, HRSA and the other federal health agencies since at
least the 1990s.
In his conclusion, Special Master Abell ruled that
Petitioners had proven that the MMR had directly caused a brain inflammation
illness called acute disseminated encephalomyelitis (ADEM) which, in turn, had
caused the autism spectrum disorder PDD-NOS in the child:
The Court found that Bailey's ADEM was
both caused-in-fact and proximately caused by his vaccination. It is
well-understood that the vaccination at issue can cause ADEM, and the Court
found, based upon a full reading and hearing of the pertinent facts in this
case, that it did actually cause the ADEM. Furthermore, Bailey's ADEM was
severe enough to cause lasting, residual damage, and retarded his developmental
progress, which fits under the generalized heading of Pervasive Developmental
Delay, or PDD [an autism spectrum disorder]. The Court found that Bailey would
not have suffered this delay but for the administration of the MMR vaccine, and
that this chain of causation was... a proximate sequence of cause and effect
leading inexorably from vaccination to Pervasive Developmental Delay.
The Bailey decision is not an isolated ruling. We now know
of at least two other successful ADEM cases argued in Vaccine Court. More
significantly, an explosive investigation by CBS News has found that since
1988, the vaccine court has awarded money judgments, often in the millions of
dollars, to thirteen hundred and twenty two families whose children suffered
brain damage from vaccines. In many of these cases, the government paid out
awards following a judicial finding that vaccine injury lead to the child's
autism spectrum disorder. In each of these cases, the plaintiffs' attorneys
made the same tactical decision made by Bailey Bank's lawyer, electing to opt
out of the highly charged Omnibus Autism Proceedings and argue their autism
cases in the regular vaccine court. In many other successful cases, attorneys
elected to steer clear of the hot button autism issue altogether and seek
recovery instead for the underlying brain damage that caused their client's
autism.
Medical records associated with these proceedings clearly
tell the tale. In perhaps hundreds of these cases, the children have all the
classic symptoms of regressive autism; following vaccination a perfectly
healthy child experiences high fever, seizures, and other illnesses, then
gradually, over about three months, loses language, the ability to make eye
contact, becomes "over-focused" and engages in stereotypical head
banging and screaming and then suffers developmental delays characteristic of
autism. Many of these children had received the autism diagnosis. Yet the
radioactive word "autism" appears nowhere in the decision.
Instead the vaccine court Special Masters rest their
judgments on their finding that the vaccines caused some generalized brain
injury, mainly Encephalopathy/encephalitis (brain inflammation) or
"seizure disorders" -- conditions known to cause autism-like
symptoms. A large number of the children who have won these judgments have been
separately diagnosed with autism. HRSA acknowledged this fact in a recent
letter, but told us it does not keep data on how many of these children were
autistic.
The Vaccine Court, in other words, seems quite willing to
award millions of dollars in taxpayer funded compensation to vaccine-injured
autistic children, so long as they don't have to call the injury by the loaded
term "autism." That hazard is particularly acute for vaccine victims
who appear before the Omnibus Autism Proceedings (OAP). Since that body's
decisions are closely watched, published and accorded the weight of precedent,
many lawyers consider the burden of proof for petitioners to be impossibly high
before the OAP Panel. It was for this reason that Bailey's attorney, Mark
McLaren, elected to opt out of the OAP and try his case separately, even though
Bailey has been receiving autism-related services in his home state and was
eligible to file a case in the Court's Omnibus Autism Proceedings (OAP).
McLaren told us he wanted to avoid the added burden facing
petitioners under the media glare and precedential weight attending OAP panel
trials. "We considered [the OAP route] because [Bailey] is on the autistic
spectrum of disorders, but we thought we could try it separately and apart from
the Omnibus, and not as a test case," explained McLaren. "We thought
we'd have a better chance if we tried to on its own merit, away from the
spotlights and the precedent setting pressures that attend these OAP test cases
- and it worked."
Bob Krakow, a leading attorney for vaccine damaged children
told that many lawyers are now convinced that filing a claim in the OAP is a
losing proposition. "There's a growing conviction that if you have a
autistic client who has also been diagnosed with encephalopathy/encephalitis or
seizure disorder, you are better off not mentioning the word "autism"
if you want to win the case." He recommended instead filing a non autism
claim like "mental retardation with seizure disorder" for an autistic
client.
Although the vaccine court is mandated to fairly serve the
victims of vaccine injuries, their primary purpose and raison d'etre is to
protect the vaccine program and vaccine makers. Damages are doled out from a
75-cent tax on every vaccine sold and not from the vaccine makers. "You
can understand why special masters, burdened with their duty to protect vaccine
programs, might be unwilling to make the direct causal link between autism and
vaccines," Krakow observed. "If you ask the big question and answer
it in the affirmative, there is a sense that it will damage the vaccine program
irreparably."
Vaccine Court judges are equipped with a draconian armory of
weapons deployable against plaintiffs intent on proving the causal connection
between vaccines and autism. Jury trials are prohibited. Damages are capped;
awards for pain and suffering are strictly limited and punitive damages banned
altogether. Vaccine defenders have an army of Department of Justice attorneys
with virtually unlimited resources for expert witnesses and other litigation
costs. Plaintiffs, in contrast, must fund the up front costs for experts on
their own. In a cultural choice that clearly favors defendants, vaccine court
gives overwhelming weight to written medical records which are often inaccurate
-- over all other forms of testimony and evidence. Observations by parents and
other caretakers are given little weight.
Worst of all -- plaintiffs have no right to discovery either
against the pharmaceutical industry or the government. Since autism is a
behavioral affliction rather than a precisely defined biological injury --
epidemiological studies are critical to establishing its causation. But the
greatest source of epidemiological data is the Vaccine Safety Datalink (VSD) --
the government maintained medical records of hundreds of thousands of
vaccinated children -- which HHS has gone to great lengths to keep out of the
hands of plaintiffs' attorneys and independent scientists. Unfortunately the
vaccine court has judicially anointed this corrupt concealment by consistently
denying every motion by petitioners to view the VSD. The raw data collected in
the VSD would undoubtedly provide the epidemiological evidence needed to
understand the relationship between vaccines and autism. The absence of such
studies makes it easy for judges to say to plaintiffs they have not met their
burden of proving causation.
Meanwhile, CDC has actively, openly and systematically
suppressed and defunded epidemiological studies that might establish a causal
link. CDC has ignored repeated pleadings that it fund peer-reviewed studies of
unvaccinated American cohorts like the Amish and home-schooled children. At the
same time the agency has worked overtime ginning up a series of fatally-flawed
European studies purporting to dispute the link. Even a cursory critical
examination reveals that the oft-cited Danish, English, and Italian studies are
rank tobacco science. Many of them were funded by CDC, a badly compromised
agency, performed by vaccine industry scientists, and published in miserably
conflicted journals.
Needless to say, the existence of these phony studies,
combined with the deliberate dearth of epidemiological evidence makes it easy
for the special masters to dodge a politically explosive finding by holding
that there is "insufficient evidence."
And, speaking of tobacco, it's worth recalling that for
sixty years the tobacco industry successfully defended a product that was
killing one out of every five of its customers against thousands of legal
actions brought by its victims and their families. Tobacco lawyers protected
the cigarette companies by arguing that there was no proven link between
tobacco and lung cancer. Bob Krakow sees many parallels. Big tobacco uses the
same tactic of manufacturing research that seems to dispute the connection to
exploit the burdens on plaintiffs to prove causation. Big tobacco prevailed for
six decades even without the help of supportive government agencies
deliberately suppressing real science and research. In that sense vaccine
victims must leap a much higher hurdle.
Despite the perilous odds stacked against them in vaccine
court, the evidence of a vaccine/autism link is so strong that vaccine court
judges and government agencies have now recognized at least two theories of how
vaccines cause autism: the Vaccine-to-ADEM-to-ASD link in Bailey Banks' case,
and vaccine-induced aggravation of an underlying mitochondrial dysfunction that
caused full-blown autism in the Hannah Poling case. Both theories are different
from those rejected in the three cases last week.
Perhaps, these new disclosures will prompt The Times, with
all its influence, to actually make prudent journalistic inquiries into the
phony science CDC uses to defend its claims of "vaccine safety." If
it does, the paper will realize it has once again been ill used by government
agencies in a tragic campaign of public deceit. The Times should make the
reasonable demand that the government health agencies finally release the
Vaccine Safety Datalink for independent scientific research and that CDC and
HRSA lift their opposition to genuine epidemiological studies that might
finally provide real scientific answers to this debate.
11 Other Court Cases Where
Vaccines Triggered Autism
Besides Hannah Poling and Bailey Banks, below are
court cases
where vaccines were related to the child’s
autism.
Case 1 of 13: Lassiter Vs.
US Federal Court, Lassiter Wins
Downloaded from: http://www.generationrescue.org/cases/lassiter-vs-us-federal-court-summary.htm
I. Items in the below document in BOLD were
highlighted as being of special interest related to autism, PDD-NOS and
autism-like definitions or related causations.
II. Seven key items from the document first listed
immediate below:
1.) The court concludes vaccines caused the brain injury
and autism-like symptoms. “The court concludes that a preponderance of the
evidence requires a finding for petitioner.”
2.) Pervasive Development Disorder is a term preferred
rather than autism. “The term "pervasive developmental disorder (PDD)
is preferred to 'autism' because it stresses variability in symptoms and
severity and denies that autism is a disease with a single cause." PDD is
used in the Revised Diagnostic and Statistical Manual of the American
Psychiatric Association as an umbrella term for frankly autistic children and
for other children with similar but fewer, less severe symptoms. “
3.) Autism is Brain Damage and Autistic-like symptoms and
autism have brain dysfunction and are very similar. “Dr. Suzanne
Steffenburg states in her article entitled "Neuropsychiatric Assessment of
Children with Autism: A Population-Based Study," that the majority of
children with autism and autistic-like conditions have overt signs of brain
dysfunction." P. Ex. 22 [*17] at 495. The implication is "that
brain damage or dysfunction causes autism . . . that autism and autistic-like
conditions are neurobiologically very similar . . . and that autism is likely
to be a biological disorder with multiple aetiologies [sic]." Id. at
507-509. She concludes that "gene disorders, chromosomal abnormalities,
certain hereditary traits and structural brain anomalies caused by
environmental hazards, singly or in combination, clearly coincide with the autistic
symptomatology. Rather than deciding that autism is 'the cause,'" it
should be understood that it is a symptom of an underlying disorder. Id. at
509.”
4.) The medical literature indicates that autism and
“autistic-like” signs and symptoms are practically identical. “A
careful interpretation of the literature indicates that autism can be mirrored
by a condition that [*19] includes "autistic-like" signs or
symptoms”
5.) There were no pre-existing conditions: “In
summary, respondent's evidence and proffered explanations are weak,
[*21] unconvincing, and insufficient to support a finding of an
underlying metabolic or genetic disorder as the cause of Eric's affliction.
Petitioner has presented a better case in support of a Table injury.
6.) Autism is not a disease. Autism is a final
expression of contributory factors: “Doctors Steffenburg and Gillberg
list many disorders, 22 in all, which have been associated with autism. They
conclude that autism is not a disease but "represents a behavioral syndrome
with multiple etiologies. . . . Autism can be the final common expression of
various contributory/etiological factors." They explain further that
genetic [*15] factors are in operation in some cases. "Disease
entities or pre-and perinatal damage leading to destruction/dysfunction in
certain brain areas can cause autism in others."
7.) Infections and toxins are involved in autism.
“In his treatise entitled "Recent Neurobiological Findings in
Autism," Luke Y. Tsai also lists a similar variety of established
neurologic disorders reported in autism including viral infections and other
toxic or environmental causes of brain damage. He explains that it is now well
accepted that autism results from dysfunction in certain parts of the central
nervous system (CNS) that affect language, cognitive and intellectual
development, and the ability to relate. He believes autism may be "the
common pathway of a diverse range of organic brain conditions" including
both prenatal and post-natal infections or injuries, the latter accounting for
those whose autism is manifested "after a period of apparently normal
development." Id. at 83-84. P. Ex. 21.”
8.) “The court finds that the symptoms claimed are
supported by a preponderance of evidence and may be relied upon as a credible
account of events.’’
Case #2 of 13 Richelle
Oxley, Oxley Wins
CINDY OXLEY and STEVEN OXLEY, as Legal Representatives
for RICHELLE OXLEY, a minor, Petitioners,
vs.
SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES
Respondent.
Downloaded from: http://www.generationrescue.org/cases/oxley-vs-dohhs-summary.htm
Items of particular interest relating to vaccine injury and
autism symptom causation in BOLD. Some listed directly below:
1.) “Richelle's
disabilities include autistic-like behavior [autism-like and autism are
used interchangeably in the medical literature and in many court cases, see Lassiter
Vs. US Federal Court], hyperactivity, and partially controlled seizures.”
2.) The
court finds that there is not a preponderance of the evidence that
Richelle's condition is due to factors unrelated to the administration of the
vaccine. [Meaning it was related to the vaccine]
3.) There
were no preexisting medical conditions: “Petitioners' claim is
strongly supported by the testimony of Dr. John Menkes who believes that
Richelle sustained a post-pertussis vaccine encephalopathy. Tr. at 104.
According to Dr. Menkes, the many tests and studies carried out over the
course of Richelle's illness effectively ruled out any underlying degenerative
disease.
Other Court Cases Where The
Courts Ruled For the Families
Cases soon to be published on www.GenerationRescue.org
DAVID
David 1997: Court ruled that
vaccines caused David to suffer significant aggravation of his pre-existing
tuberous sclerosis in the form of encephalopathy and a residual seizure
disorder resulting in autism and other disorders.
ERIC
Eric 1996: Court ruled that
Eric's autism was "not unrelated" to his other DPT vaccine injuries
and he should be compensated for it and his other injuries. Born Sept. 15,
1970, progressed well, smart, potty trained at 18 mo. Everything changed after
his DPT booster shot administered on April 19, 1972. Office records for that
visit note "no problems," and his physical examination showed "a
well developed, well nourished male who was active and alert."
Approximately four hours after the inoculation, he began to convulse, foam at
the mouth, and roll his eyes back in his head. For several days Eric exhibited
bizarre symptoms; he developed fever, screamed "off and on" for extended
periods, would not feed nor drink, could not swallow, and lost immediately
those milestones already achieved. He lost his potty training skills, lost his
vocabulary, and screamed "like a wild person." Thereafter he no
longer was able to follow commands and never returned again to his normal
behavior. In the words of the maternal aunt, "after that needle, Eric
never spoke again."(4) At present, Eric is profoundly retarded, cannot
care for himself, and is completely dependent on others. He exhibits repetitive
stereotyped movements, is incontinent of feces, perseverates, cannot name any
objects, rarely smiles, and has a significant lack of verbal communication. The
government argued the mother "exaggerates" and all her testimony
should be disregarded. Court disagreed.
KYLE
Kyle 1994: Similar to Eric.
Kyle and Eric are two cases that rejected the government's effort to use autism
as a "factor unrelated", that is, an alternative explanation for the
injury. Born March 5, 1983 Silver Spring MD. Kyle got fourth DPT shot Sept 28,
1984. At visit, had "excellent hand skills" and Dr. was
"impressed with his intelligence and curiosity." After vaccination,
awoke screeching, cyanotic, rigid, rushed to ER, hives, toppled over, shaking,
seizures. On visit to doctor Sept. 30, 1984, would not make eye contact,
"totally out of it" fixed stare, condition continues to this day.
Eating habits completely changed, hearing loss. Never came back. 1986 diagnosed
with significant language impairment, gross motor movement delay, inferior
pincer gasp, encephalopathy, loss of muscle tone, floppy.Govt expert argued
Kyle suffers from autism spectrum disorder. Court found Kyle did lose
developmental milestones subsequent to DPT. Suffers a disorder called PDD
exhibited by autistic-like qualities but lacking a sufficient number of
autistic-like qualities to (earn the subjective label of ) autism. He relates
to others. Court found family should be compensated for his autistic-like
illness and other disorders.
REBECCA
Rebecca 1993: After DPT Sept.
13, 1979, Rebecca suffered encephalopathy and residual seizure disorder resulting
in physical disabilities and diminished mental capacity. Rebecca will be 14 at
next birthday (as of 1993) IQ is 32, severe ADD "the worst attention
deficit situation" her teacher has ever known. Impulsive, motor problems,
no concept of danger, has autistic tendencies. Cannot dress herself, brush her
teeth, bathe, cannot be left alone. Court ruled that family should be
compensated for her autistic tendency disorder and other illnesses.
RICHELLE
Richelle 1991: Developed
normally and was happy and healthy until she had a severe reaction to second
DPT May 21, 1979. She had permanent reaction after her third DPT July 30, 1979.
Disabilities include autistic-like behavior, hyperactivity and
partially-controlled seizures. Court ruled family is entitled to compensation
for the DPT injuries.
TRAVIS
Travis, 1991 Travis developed
normally until 4 mo. when he got second DPT. Grand mal seizure, then fevers,
more fever, seizures, diagnosed with encephalopathy, believed to be pertussis
reaction. At 21 months noticed developmentally delayed and possibly mentally
retarded. Autism has produced his severe mental retardation and developmental
delay. Question was whether current autistic-like behavior is result of
encephalopathy or condition unrelated to any vaccine injury. Now continuous
drool, cold, bluish, totally dependant. Wandering, sitting for long periods
Indian style. Oblivious to other children, poor interactive skills. Currently
suffers from seizures, severe mental retardation and autism. Court ordered the
family to be compensated for the illnesses.
JENNA
Jenna Koston 1991 Born
12/31/83. Got seizure 12 hrs after second DPT at 3 1/2 months, also fever.
Jenna has seizures and now displays autistic-like features. Court ordered her
compensated for the illnesses.mental retardation. Born Feb. 9, 1978 College
Station TX. Was healthy normal baby who could smile, gurgle and play little
cooing games... Until Mon. April
JONATHAN
Jonathan 1990: After DPT
suffered encephalopathy and residual seizure disorder, significant
developmental delay, moderate autistic characteristics and 24, 1978 when
he got first DPT immunization. Within 24 hrs fever and projectile vomiting,
"little old man look" staring nonresponsively, seizures, not the same
baby, color was dusky, he was "not there" "odd". Diagnosed
with global brain damage, seizure disorder. Now he's severely retarded 12 year
old (in 1990) with intellectual age of 4-5 and many autistic features.
Extremely hyperactive and aggressive. Court ordered compensation for the
injuries.
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