Fw: MMR Vaccine Victim in U.S. Claims Court

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NVIC e-news

" In excruciating detail, an Arizona mother on Monday described severe

autism

and devastating health problems that plague her 12-year-old daughter and

asked a court to find common childhood vaccines were the cause. The test

case is

being closely watched by nearly 5,000 families of autistic children who have

lodged similar claims for compensation from a federal fund. The case of

Michelle

Cedillo, of Yuma, Ariz., is the first alleging a vaccine-autism link to be

heard in the U.S. Court of Federal Claims. It and eight other test cases are

important because they will guide the handling of the other pending

claims......Theresa Cedillo said her daughter suffered five days of fever,

her temperature

often spiking to 105 degrees, after receiving a measles, mumps and rubella

vaccination at age 15 months. Michelle was a happy, robust, responsive and

loving

child - in short, normal - but hasn't been the same since, her mother told

the court. Wearing noise-canceling headphones, Michelle was brought into the

courtroom in a wheelchair at the start of the proceedings. She stayed only a

short time, moaning audibly several times. Besides autism, Michelle suffers

from

inflammatory bowel disease, glaucoma and epilepsy. In addition, her bones,

weakened by years of malnourishment, are prone to breaks, Theresa Cedillo

said.

Everything she eats is pumped in through a feeding tube, except for crackers

and

water. " - Andrew Bridges, Associated Press

 

" The court is being asked to decide whether there is a link between autism

and childhood vaccines. If it finds one exists, the families could be

eligible

for compensation under the Vaccine Injury Compensation Fund, a program

established by Congress to ensure an adequate supply of vaccines by

safeguarding

manufacturers from lawsuits. Under the program, people injured by vaccines

receive

compensation through a special trust fund. Autism is characterized by

impaired

social interaction. Those affected often have trouble communicating, and

they

exhibit unusual or severely limited activities and interests. Classic

symptoms of mercury poisoning include anxiety, fatigue and abnormal

irritation, as

well as cognitive and motor dysfunction. Monday's case addresses the theory

that

the cause of autism is the measles, mumps and rubella vaccine in combination

with other vaccines containing thimerosal. The preservative, about 50

percent

mercury by weight, is no longer found in routine childhood vaccines but is

used in some flu shots. In July 1999, the U.S. government asked vaccine

manufacturers to eliminate or reduce, as expeditiously as possible, the

mercury content

of their vaccines to avoid any possibility of infants who receive vaccines

being exposed to more mercury than is recommended by federal guidelines. " -

CBS

Evening News

 

" Concerns about thimerosal's possible link to autism have gained publicity

in recent years as the occurrence of autism in children has climbed steadily

in

the United States. Doctors have struggled to find a clinical reason for the

increase. Because vaccinations are mandatory for all children at a certain

age,

some parents and doctors believe the vaccines indicate a common link that

cannot be ignored. However, current research weighs heavily against the

premise

of a thimerosal-autism link, as thus far a number of large scientific

studies

have shown no association between the two........The bottom line is that

vaccines prevent life-threatening and life-risking diseases, " AAP's McMillan

said.

" It is about the most effective public health measure we have. It is very

important that we do not allow misinformation to affect that. " In the case

of the

MMR [measles-mumps- rubella] vaccine, we know that it prevents diseases that

can injure and kill children, " said Dr. Gary Freed, director of general

pediatrics for the University of Michigan Health System. " - ABC Evening News

Barbara Loe Fisher Commentary:

This week, special masters in the U.S. Court of Federal Claims began hearing

the case of Theresa Cedillo and Michael Cedillo, as parents and natural

guardians of Michelle Cedillo v. Secretary of Health and Human Services. The

parents

are bringing a vaccine injury claim on behalf of their 12 year old daughter,

Michelle, who developed normally until she received an MMR vaccination at 15

months and, within 7 days, suffered a high fever, rash and symptoms of brain

inflammation that was followed by mental and physical regression. Michelle,

now

12, suffers from brain and immune system dysfunction, including autism.

 

The federal Vaccine Injury Compensation Program (VICP) was created under the

National Childhood Vaccine Injury Act of 1986 as a no fault, non-

adversarial

alternative to suing a vaccine manufacturer or pediatrician, who negligently

administers a vaccine, for vaccine-related injuries and deaths. The VCIP was

created 1986 after drug companies making vaccines threatened to leave the

nation

without a vaccine supply unless they were shielded from liability. Nearly

two

billion dollars has been awarded to vaccine victims since then, with money

for awards being obtained from a surcharge on vaccines that is placed in a

national trust fund. The trust fund currently has a several billion dollar

surplus

in it because the Department of Health and Human Services and the Department

of Justice, which defend the government in vaccine injury claims, fight

almost

every claim.

 

The majority of the VICP awards that have been awarded after years of legal

proceedings, have been made for brain inflammation and encephalopathy caused

by

the pertussis (whooping cough) vaccine in the DPT or DTaP shot but awards

for

MMR, polio and several other vaccines have also been made.

 

Pertussis vaccine-induced brain inflammation and measles vaccine induced

brain inflammation has been documented in the medical literature:

 

The large case controlled National Childhood Encephalopathy Study (NCES)

conducted in Britain in 1981 found that " there were statistically

significant

associations between the onset of various neurological disorders notified

and

immunization with DTP vaccine within the previous 7 days and with measles

vaccine

within the 7 to 14 days, before onset.....it is estimate that the

attributable

risk of a serious neurological disorder within seven days after DTP vaccine

in previously normal children irrespective or eventual clinical outcome is 1

in

110,000 immunizations.....the corresponding rate for previously normal

children with evidence of persistent neurological damage one year later is 1

in

310,000 immunizations. " The NCES study also found that " the risk of a

serious

neurological disorder within 14 days after measles vaccine in previously

normal

children irrespective of eventual clinical outcome is 1 in 87,000

immunizations. "

 

No large case controlled studies comparable to the methodology employed by

NCES investigating potential causes of brain dysfunction in children,

including

the receipt of one or more vaccines in early childhood, has been conducted

since NCES was published in 1981.

 

The VICP was not originally designed to be a federal imitation of bringing a

product liability or malpractice lawsuit in civil court. Compensation was to

be awarded based on " presumption " in the absence of a more plausible

explanation for a child's health deterioration after vaccination, not

scientific proof "

the vaccine or vaccines caused the child's injury. A Table of Compensable

Events included in the 1986 law listed clinical symptoms and time periods

within

which symptoms occur following DPT, MMR and polio vaccination to serve as a

guide for presumption of causation.

 

However, in 1995 federal health officials and Justice Department lawyers

gutted the Table of Events by re-writing the definition of encephalopathy

and

removing symptoms and health conditions, such as residual seizures, that

would

automatically presume causation so that very few children would quality for

automatic compensation under the Table guidelines. New vaccines, including

HIB,

hepatitis B, varicella zoster, pneumococcal, rotavirus, influenza,

meningococcal,

hepatitis A, were added to the VICP to protect the vaccine manufacturers and

physicians from liability for injuries and deaths related to those vaccines

but presumption guidelines were not added to the Table of Compensable Events

 

 

Therefore, today almost all vaccine injured claims are argued off-Table and

the process for obtaining compensation has become highly adversarial,

traumatic, and time consuming, with two out of three vaccine victims turned

away for

compensation. The special masters have become judge and jury presiding over

combatants on an uneven playing field, not facilitators of administration of

vaccine injury claims. A federal vaccine injury compensation program that

was

supposed to re-instill public faith in the mass vaccination system has

become a

source of mistrust of the system.

 

To listen live or to listen to audio tapes of U.S. Court of Claims

proceedings, _ _

(http://rs6.net/tn.jsp?t=hzrgdbcab.0.whbudbcab.oblmlwbab

10524 & ts=S0254 & p=http://www.uscfc.uscourts.gov./)

 

 

Daily transcripts can also be viewed at:

_Day 1, June 11, 2007 transcripts_

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10524 & ts=S0254 & p=ftp://autism.uscfc.uscourts.gov/autism/transcri

pts/day01.pdf)

_Day 2, June 12, 2007 transcripts_

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pts/day02.pdf)

_Day 3, June 13 transcripts_

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y03.pdf)

Day 4, June 14, 2007 and upcoming trancripts

_Soon will be available on-line._

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l)

Children with autism get day in court

MLive.com, MI

Associated Press

June 11, 2007

 

by Andrew Bridges

 

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In excruciating detail, an Arizona mother on Monday described severe autism

and devastating health problems that plague her 12-year-old daughter and

asked

a court to find common childhood vaccines were the cause. The test case is

being closely watched by nearly 5,000 families of autistic children who have

lodged similar claims for compensation from a federal fund.

 

The case of Michelle Cedillo, of Yuma, Ariz., is the first alleging a

vaccine-autism link to be heard in the U.S. Court of Federal Claims. It and

eight

other test cases are important because they will guide the handling of the

other

pending claims. Most contend that a mercury-rich preservative called

thimerosal is to blame for the impaired social interaction typical of the

disorder.

 

Should they prevail, the families will be eligible for compensation from a

federal vaccine injury fund established by Congress to ensure an adequate

supply

of vaccines by shielding manufacturers from lawsuits. No autism claim has

been paid from the fund thus far.

 

Large scientific studies have found no association between autism and

vaccines containing thimerosal.

 

Government attorney Vincent Matanoski dismissed much of what the plaintiffs

are expected to present during the three-week hearing as conjecture or

speculation.

 

" You'll find their hypotheses untested or, when tested, have been found

false, " Matanoski said.

 

Theresa Cedillo said her daughter suffered five days of fever, her

temperature often spiking to 105 degrees, after receiving a measles, mumps

and rubella

vaccination at age 15 months. Michelle was a happy, robust, responsive and

loving child - in short, normal - but hasn't been the same since, her mother

told

the court.

 

Wearing noise-canceling headphones, Michelle was brought into the courtroom

in a wheelchair at the start of the proceedings. She stayed only a short

time,

moaning audibly several times. Besides autism, Michelle suffers from

inflammatory bowel disease, glaucoma and epilepsy. In addition, her bones,

weakened by

years of malnourishment, are prone to breaks, Theresa Cedillo said.

Everything

she eats is pumped in through a feeding tube, except for crackers and water.

 

" Clearly the story of Michelle's life is a tragic one, " Special Master

George

Hastings Jr. said in thanking the family for allowing theirs to be the first

test case. Hastings pledged he and two other special masters would listen

carefully to all evidence.

 

Theresa Cedillo and husband Michael allege thimerosal-containing vaccines

weakened their daughter's immune system and prevented her body from clearing

the

measles virus after she was immunized. That theory is one of three alleged

by

the thousands of plaintiffs. The others claim either thimerosal or the

measles

vaccine alone caused their children's autism.

 

" We hope to find out what happened and hopefully get the help she needs, "

said Theresa Cedillo, who takes care of her daughter full time at home.

 

The burden of proof is easier than in a traditional court. Plaintiffs only

have to prove that a link between autism and the shots is more likely than

not,

based on a preponderance of evidence. But many parents say their children's

symptoms did not show up until after their children received the vaccines,

required by many states for admission to school.

 

" These are families who followed the rules. These are families who brought

children in for vaccines. These are families who immunized their children, "

Cedillo attorney Thomas Powers said. Later, outside court, he cast aside any

suggestion his clients were anti-vaccine.

 

Autism is characterized by impaired social interaction. Those affected often

have trouble communicating, and they exhibit unusual or severely limited

activities and interests.

 

In 1999, the U.S. government asked vaccine manufacturers to eliminate or

reduce the use of thimerosal in childhood vaccines to limit infant exposure

to

mercury. Today, the preservative is no longer found in routine childhood

vaccines

but is used in some flu shots.

 

The nine test cases will be heard consecutively over the next year. A ruling

in the Cedillo case could take months or longer, attorneys said.

 

 

Vaccine-Autism Link Case Goes To Court

CBS Evening News

June 11, 2007

 

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(CBS/AP) The parents of 12-year-old Michelle Cedillo asked a federal court

Monday to find that their child's autism was caused by common childhood

vaccines, a precedent-setting case that could pave the way for thousands of

autistic

children to receive compensation from a government fund set up to help

people

injured by the shots.

 

Wearing noise-canceling headphones, Michelle, of Yuma, Ariz., was brought

into the courtroom in a wheelchair at the start of the proceedings before

the

U.S. Court of Federal Claims. She stayed only a short time.

 

Her parents, Theresa and Michael Cedillo, allege a preservative called

thimerosal that had been used in vaccines weakened their daughter's immune

system

and prevented her body from clearing the measles virus after she was

immunized

for the disease at age 15 months.

 

Today, Michelle suffers from a litany of health problems, including severe

autism, inflammatory bowel disease, glaucoma and epilepsy.

 

" We hope to find out what happened and hopefully get the help she needs, "

said Theresa Cedillo, who takes care of her daughter full time at home.

 

Special Master George Hastings Jr. thanked the family for allowing theirs to

be the first of nine test cases that will help guide the resolution of some

of

the nearly 5,000 similar claims lodged with the government.

 

" Clearly the story of Michelle's life is a tragic one, " Hastings said in

pledging to listen carefully to the evidence presented during the three-week

hearing.

 

The burden of proof is easier than in a traditional court. Plaintiffs only

have to prove that a link between autism and the shots is more likely than

not,

based on a preponderance of evidence.

 

Large scientific studies have found no association between autism and

vaccines containing thimerosal.

 

But many parents say their children's symptoms did not show up until after

their children received the vaccines, required by many states for admission

to

school.

 

" These are families who followed the rules. These are families who brought

children in for vaccines. These are families who immunized their children, "

said

the Cedillos' attorney, Thomas Powers.

 

Powers said that the science regarding a possible vaccine-autism link is in

dispute.

 

Government attorney Vincent Matanoski dismissed much of what the plaintiffs

are expected to present as conjecture or speculation.

 

" You'll find their hypotheses untested or, when tested, have been found

false, " Matanoski said.

 

Since 1999, more than 4,800 families have filed claims with the government

alleging their children developed autism as a result of routine vaccinations

 

Most contend that a preservative called thimerosal is to blame for the

impaired

social interaction typical of the disorder.

 

Created in 1986, the federal vaccine court has already paid out $750 million

for vaccine injuries, reports CBS News correspondent Sharyl Attkisson, but

it

has never before tried an autism case.

 

The court is being asked to decide whether there is a link between autism

and

childhood vaccines. If it finds one exists, the families could be eligible

for compensation under the Vaccine Injury Compensation Fund, a program

established by Congress to ensure an adequate supply of vaccines by

safeguarding

manufacturers from lawsuits. Under the program, people injured by vaccines

receive

compensation through a special trust fund.

 

Autism is characterized by impaired social interaction. Those affected often

have trouble communicating, and they exhibit unusual or severely limited

activities and interests. Classic symptoms of mercury poisoning include

anxiety,

fatigue and abnormal irritation, as well as cognitive and motor dysfunction.

 

Monday's case addresses the theory that the cause of autism is the measles,

mumps and rubella vaccine in combination with other vaccines containing

thimerosal. The preservative, about 50 percent mercury by weight, is no

longer found

in routine childhood vaccines but is used in some flu shots.

 

In July 1999, the U.S. government asked vaccine manufacturers to eliminate

or

reduce, as expeditiously as possible, the mercury content of their vaccines

to avoid any possibility of infants who receive vaccines being exposed to

more

mercury than is recommended by federal guidelines.

 

 

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The Vaccine-Autism Link: Facts and Myths

Most Physicians Agree No Link Exists Between Vaccinations and Autism

ABC News

June 11, 2007

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A federal court begins hearings today on the more than 4,800 claims by

parents of autistic children that the mercury-containing preservative

thimerosal,

present in certain routine vaccinations, led to their children's disorders.

 

It is the day that many of these families have pushed for since 1999.

 

Concerns about thimerosal's possible link to autism have gained publicity in

recent years as the occurrence of autism in children has climbed steadily in

the United States. Doctors have struggled to find a clinical reason for the

increase. Because vaccinations are mandatory for all children at a certain

age,

some parents and doctors believe the vaccines indicate a common link that

cannot be ignored.

 

However, current research weighs heavily against the premise of a

thimerosal-autism link, as thus far a number of large scientific studies

have shown no

association between the two.

 

Most recently, a review of past research published this month in the journal

Current Opinion in Infectious Diseases suggests " increasingly convincing

epidemiologic and laboratory evidence against a causal relation of several

alleged

adverse events following immunization. "

 

The findings bolster the position that has been steadfastly held by the

Institute of Medicine (IOM) that no link can be established between

thimerosal and

autism.

 

Researchers Speak Out

 

Prior to the summary, most physicians and researchers have agreed that the

suggestion of such a link is likely baseless, as seen in their previous

statements on the issue (responses collected from telephone interviews

conducted in

June 2005):

 

" Current literature demonstrates very clearly that there is no relationship

between thimerosal in vaccines and autism, " noted Dr. Julia McMillan of the

American Academy of Pediatrics' Committee for Infectious Diseases.

Thimerosal

has been studied more than anything else, and it is distracting a very

important

effort to get at the real cause of autism. "

 

" It doesn't make biological sense, " said Dr. Paul Offit, a member of the

Advisory Committee on Immunization Practices to the Centers for Disease

Control

and Prevention. " Fourteen separate studies showed that there was never an

increased risk [of autism from thimerosal], but it is very hard to unring

that

bell. "

 

Dr. Eric Hollander, director of the Seaver and New York Autism Center of

Excellence, concurs. " There are no links between vaccines, thimerosal, or

ethyl

mercury and autism, " he said. " Some people have unusual immune responses to

vaccines, but that cannot account for autism. "

 

The issue may be a moot point. Despite the lack of scientific evidence of a

link between thimerosal and autism, a number of public health organizations

and

vaccine manufacturers agreed in July to reduce or eliminate thimerosal from

vaccines as a precautionary measure. As a result, none of the vaccines used

in

the United States to protect preschool children against 12 infectious

diseases

contain thimerosal as a preservative (with the exception of some influenza

vaccines), according to the CDC.

 

Some researchers say that the absence of a link has already been

demonstrated

in a real-world setting in Denmark, where thimerosal was removed from all

vaccines in 1992. Despite this move, autism rates in the country continued

to

rise until 2004, the year in which the Danish study was terminated.

 

Vaccine Avoidance: a Greater Danger?

 

But some said the suggestion that vaccines could be to blame for autism may

already be having an impact on public health, as parents concerned about the

possibility of dangers may be less inclined to have their children

immunized:

 

" The bottom line is that vaccines prevent life- threatening and life-risking

diseases, " AAP's McMillan said. " It is about the most effective public

health

measure we have. It is very important that we do not allow misinformation to

affect that. "

 

" In the case of the MMR [measles-mumps-rubella] vaccine, we know that it

prevents diseases that can injure and kill children, " said Dr. Gary Freed,

director of general pediatrics for the University of Michigan Health System.

 

" Especially in the U.K. and Ireland, home to the early proponents of a

connection between MMR and autism, decreased immunization rates have

resulted in

needless epidemics of measles which have killed several children. "

 

 

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*************************************************************

National Vaccine Information Center

 

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