THE SHORT GOOD-BYE: DAY 21 AUTISM OMNIBUS HEARING

[Guest guest]

http://www.ageofautism.com/2008/03/the-short-good.html

03/18/2008

THE SHORT GOOD-BYE: DAY 21 AUTISM OMNIBUS HEARING

The Short Good-Bye – Day Twenty-One of the Autism

Omnibus Proceeding – Snyder v. the Secretary of Health and Human Services

By Kent Heckenlively, Esq.

After 4,665 pages of testimony the first three

test cases of a planned nine ended with closing arguments totaling 36 pages.

As an attorney I have to admit I find something

so satisfying about the end of a case when each

side is required to do their own summation of the

evidence. If law is the way in which civilized

societies resolve their differences rather than

armed combat, then at their best, attorneys are our modern warriors.

Instead of brute force though, they use their

brains as well as their hearts, so that the truth may be revealed.

Opening Comments by Special Master Vowell

Special Master Vowell began the session by

welcoming ten-year-old Colten Snyder along with

his brother and sister to the courtroom. She

hoped they would be impressed to see a real court

in action as it sought to solve an important issue.

Opening Statement by Mr. Powers – Attorney for the Family (Petitioners)

Mr. Powers began by remarking how at the outset

he talked about how the petitioners would show

biological plausibility in connecting the

vaccines to Colten’s autism. He reminded the

court of how even the testimony from the

government’s witnesses conceded that viruses

often have “novel and unexpected” consequences.

The measles virus is known to cause diseases like

Sub-Acute Sclerosing Panencephalitis (SSPE) and

Measles-Induced Brain Encephalopathy

(MIBE). There have been reports from the CDC

discussing encephalopathy and other neurological

injuries associated with the MMR shot. A study

of HIV patients who were given the MMR shot

showed viral persistence 69 days post-shot, a

span of time far longer than normal,

demonstrating that immuno-suppression can allow for viral persistence.

The attenuation process to render a virus less

lethal so it can be used in a vaccine was

described by the government’s own witness as

taking place in a “black box”, in which even the

best doctors are unaware of exactly what has taken place.

The measles virus was found in Colten’s cerebral

spinal fluid, where it was replicating,

activating microglia, releasing proinflammatory

cytokines, and causing overexcitation of the

brain. It was explained by the petitioner’s

expert witnesses how this “neural noise” could

cause a child to withdraw into himself.

From the time sequence of Colten getting

well-baby visits which showed him as

neuro-typical until his MMR shot it’s relatively

simple to discern cause and effect. The core

evidence in this case was the finding of measles

virus RNA in Colten’s cerebral spinal fluid.

Powers claimed the attack on Dr. O’Leary’s

Unigenetics Laboratory was like a house of cards,

with “hearsay built upon hearsay.” The experts

for the petitioners didn’t overreach in their

testimony. When they didn’t know something, they admitted it.

In closing, Powers remarked it’s important to

remember these are not abstract numbers in a case

file, but people with real injuries. In this

instance, the facts presented provided powerful,

compelling evidence of causation.

Closing Statement of Mr. Matanoski –

Attorney for the Government (Respondents)

Mr. Matanoski opened by acknowledging the

participation of the Snyders and the care and

concern they’ve show over the years for

Colten. He lamented that the current system

“built a wall” between the government attorneys

and the petitioning families, but wanted the

Snyders to know that as they read the case files

it was clear to the government attorneys what the

Snyders had lived with on a daily basis.

Matanoski next turned to the issue of the burden

of proof, which he reminded the court meant 50%

and a little more. He noted that petitioners had

laid out a multiple-step theory of causation and

he wanted to highlight what he saw as the essential questions.

Does mercury cause clinically relevant immuno-suppression?

Does the measles virus cause immuno-suppression?

Does the measles virus persist in the brain and

cause damage to the brain in ways never before observed?

Can the measles virus persist in the brain without causing cell destruction?

Can the measles virus persist in the brain in

ways which we currently don’t understand?

Can the lab results of Unigenetics be trusted?

In closing he wanted to apologize if his defense

had been too passionate at times, but not for

what he believed. Epidemiological studies,

although not specifically addressed in this case,

have consistently shown no linkage between

vaccines and autism. He considers this case very

important in terms of decision-making for vaccine usage and public health.

Rebuttal by Mr. Powers – Attorney for the Family (Petitioners)

Mr. Powers felt the need to respond to criticisms

of Unigenetics, which he claimed were based on

“conjecture and limited information.” Regarding

the claim that Unigenetics was a “purpose-built

lab”, he noted that the pharmaceutical companies

had launched a “purpose-built attack” on the lab.

In reference to epidemiology, he said that the

scientific community agrees that epidemiology

alone is not enough to prove cause and effect in

an individual case. Further, no comparative

study has been done of children who have

developed normally and regressed into autism after a vaccination.

In closing, he stated that the petitioners were

not anti-vaccine, but wanted safe vaccines.

Thoughts on the end of the First Three Cases

The decision now rests with the Special Masters,

who should issue a ruling sometime in the next

three months. Although the recent concession in

the Poling case might point to how the Special

Masters will rule, nothing is certain.

After reading the 4,665 pages of this proceeding

and writing 21 articles which total more than 100

pages I hope you’ll forgive me if I close with some personal thoughts.

Like all parents of autistic children I live a

difficult life. I try to keep my family

together, my marriage, and my career. We all

dream of a better day for our children. Are we

on the right track in finding out what has

happened to our children, or are we deluded

parents who endanger public health? I had a

dream some time ago, which is either the sign of

something delusional, or hopeful.

In the dream I stood on a great, grassy plain,

while off in the distance rose an enormous, ugly

Dark Tower. I knew the Dark Tower concealed all

the lies told about autism as well as the answers

we so desperately seek. A voice whispered in my

ear, “The Dark Tower will fall,” but I couldn’t

believe it. The Dark Tower was too powerful.

But then a gigantic bolt of lighting struck the

Dark Tower and I watched it crumble to the

ground. The lies were seen for what they were,

and we had the information we needed to start

healing our children. I felt a joy well up

within me which was almost beyond description.

I can’t tell you if the dream came in response to

my difficult life, or was the promise of better

times ahead. I’m trained as a logical thinker

and can only tell you I had the dream, not what it means.

But I know what I believe. Let’s see what the future brings.

Kent Heckenlively is Legal Editor for Age of Autism.

in

<http://www.ageofautism.com/legal/index.html>Kent

Heckenlively/Legal |

<http://www.ageofautism.com/2008/03/the-short-good.html>Permalink

<http://digg.com/submit?url=http://www.ageofautism.com/2008/03/the-short-good.ht\

ml & phase=2>Digg

This | <http://del.icio.us/post>Save to del.icio.us

TrackBack

TrackBack URL for this entry:

http://www.typepad.com/t/trackback/2465202/27208918

Listed below are links to weblogs that reference

<http://www.ageofautism.com/2008/03/the-short-good.html>THE

SHORT GOOD-BYE: DAY 21 AUTISM OMNIBUS HEARING:

Comments

" I can’t tell you if the dream came in response

to my difficult life, or was the promise of better times ahead. "

There are times you get dreams when you do have a

particularly difficult period ahead, and then you

know *why* you got that dream. It is not to lull

you into thinking that the times ahead are going

to be good, but rather that - when the going is

tough, you will rest in the knowledge of a

greater power supporting you through the ordeal.

It is a given that you are going to be victorious in the end.

Posted by: Stacey |

<http://www.ageofautism.com/2008/03/the-short-good.html#comment-107394932>03/18/\

2008

at 09:22 AM

Thank you Kent. Thank you for everything you've

done, do and will do. I believe your dream might

have been sign of things to come.

Posted by: Jeanne |

<http://www.ageofautism.com/2008/03/the-short-good.html#comment-107394366>03/18/\

2008

at 09:15 AM

Thank you so much for your great writing on these

cases. Lord knows we wouldn't have gotten the information anywhere else.

Posted by: Jack |

<http://www.ageofautism.com/2008/03/the-short-good.html#comment-107393834>03/18/\

2008

at 09:12 AM

--------------------------------------------------------

Sheri Nakken, former R.N., MA, Hahnemannian Homeopath

Vaccination Information & Choice Network, Nevada City CA & Wales UK

Vaccines -

http://www.wellwithin1.com/vaccine.htm Vaccine

Dangers & Childhood Disease & Homeopathy Email classes start in March