Guest guest Posted March 8, 2008 Report Share Posted March 8, 2008 I know the attorney in this Wyeth case that was dismissed without trial by a City Court Judge in Baltimore. I will try to find out what the appeal process will be. DK “On Dec. 21, Judge Berger found that " it is generally accepted in the relevant scientific community that thimerosal in vaccines does not cause or contribute to neurodevelopmental disorders such as autism, " and noted that " it is generally accepted in the relevant scientific community that autism is genetic in origin except in rare instances of prenatal exposures to certain substances at defined periods during pregnancy. " PS: More private suits in civil court are coming, based on the aggravated mito hypothesis, and they will not be required to go through VICP first. I doubt that very many juries will be convinced to, essentially, overturn the same decision as that made by senior medical personnel at the US Department of Health and Human Services, and deny compensation to an ASD child with a proven underlying Mito disorder, who fell ill and regressed shortly after vaccination, just like Hannah Poling did. The Feds NEVER should have conceded this case. It’s beyond me why they did, they should have seen this coming. I bet Pharma is furious with the AG’s office right now. And if anyone asks you why the family attorneys agreed to settle the Poling case, tell them they don’t know the first thing about Vaccine Court. A claim for injuries is presented to the court, with documentation. HHS can then agree to pay out compensation (a “concession” in essence) or take the case to an administrative hearing and fight it. In this case, HHS agreed to pay out compensation and there was no need to go to a hearing. The Polings could not reject the compensation agreement and insist on a hearing if they wanted to. This was supposed to be a test case. But the government did not want this to go to a hearing, not the Polings. But the family had no choice. Someone please correct me if I am wrong, but when you apply for VICP compensation, and you receive it, it’s pretty much take-it-or-leave-it at that point, very much unlike a regular civil lawsuit that might get a settlement “offer.” That is why the NY Times headline today about an autism “deal” was so misleading. There was no deal. Let’s make that clear. DK Quote Link to comment Share on other sites More sharing options...
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