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 [email protected]

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.’’

 

The full case document can be downloaded at www.generationrescue.org/cases

 

 

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.

 

Evidence of the Causes of Autism, the Injury Vaccines can Cause and Science Based Treatment Approaches

 

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Common Autism Facts and Statistics

Autism is on the Rise

Autism is a physical illness and is treatable

Autism And Vaccines – A Major Contributing Factor of Toxins and Infections

Pediatric Vaccine Ingredients and Published Possible Side Effects

The “14 Studies” commonly quoted in the press are corrupt

The medical establishment agrees that the children with autism are ill but does not offer treatments based on the scientific evidence

AAP and The Mercury Smoke Screen – Today

The Center of Disease Control Receives Funds Based On Vaccine Sales

Parent are Not Being Given Informed Consent

Vaccine Court Cases – Vaccines Can Trigger Autism, 13 Times

It’s not Easy to Get Vaccine Witnesses for Vaccine Court

Dr. Bernadine Healy, Former Director of the National Institutes of Health

Other Mainstream Voices Concerned About Vaccines and are For Vaccine Research

Deadly Immunity - By Robert F. Kennedy Jr.

   

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