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vaccine link being argued in federal hearing

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Families of autistic children to argue vaccine is link to disease

WASHINGTON (AP) — Parents claiming that childhood vaccines cause autism should

not be awarded by the courts when the scientific community has already rejected

any link, U.S. government lawyers argued Monday on the first day of a federal

hearing.

Overall, nearly 4,900 families have filed claims with the U.S. Court of Claims

alleging that vaccines caused autism and other neurological problems in their

children. Lawyers for the families are presenting three different theories of

how vaccines caused autism. A hearing concerning one of those theories began

Monday and is expected to last through the month. The theory at issue is whether

vaccines containing the preservative thimerosal caused autism.

Lynn Ricciardella, a Justice Department lawyer, said that the theory has not

moved beyond the realm of pure speculation. She noted that such organizations as

the Institute of Medicine and the Centers for Disease Control and Prevention

have rejected any link between thimerosal and autism.

" There is no scientific debate, " Ricciardella said. " The debate is over. "

Thimerosal has been removed in recent years from standard childhood vaccines,

except flu vaccines that are not packaged in single-doses. The CDC says

single-dose flu shots currently are available only in limited quantities.

Under a two-decades-old program, individuals claiming injury from a vaccine must

file a petition for " no-fault " compensation with the United States Court of

Federal Claims. The secretary of Health and Human Services replaces the vaccine

manufacturer or vaccine administrator to defend the claim.

Two 10-year-old boys from Portland, Oregan, will serve as test cases to

determine whether thousands of families can be compensated. Attorneys for the

boys will attempt to show they were happy, healthy and developing normally —

but, after being exposed to vaccines with thimerosal, they began to regress.

To win, the attorneys for the two boys, Mead and Jordan King, will have

to show that it is more likely than not that the vaccine actually caused the

injury, which they described as regressive autism. Tom Powers, one of their

attorneys, acknowledged that the evidence showing thimerosal led to regressive

autism was indirect and circumstantial. Still, it is clear in the case of the

two boys that they were normal and typical well after their first birthday. Only

after the full round of vaccines had been administered, did they begin showing

symptoms of autism.

The attorneys for the families said that a study in monkeys showed that mercury

could ignite " neuroinflammation " in the brain, and such inflammation is the

hallmark of somebody with autism. They also noted that previous studies of

thimerosal were focused on autism, rather than on a more rare, specific form of

the disorder that they described as regressive autism.

The first witness for the families, Sander Greenland, a professor at the UCLA

School of Public Health, said that published studies he reviewed failed to

separate regressive autism from other types of autism when looking at

thimerosal, thus they allow for a substantial association of the vaccines with

clearly regressive autism.

Under the vaccine compensation program, officials titled special masters serve

as the trial judges. The hearing that began Monday involved three special

masters who will hear the evidence and determine whether thimerosal belongs on

the list of causes for regressive autism. The ruling are appealable to the Court

of Federal Claims.

Plaintiffs were instructed to designate three test cases for each of their

theories — nine cases in all. The two cases beginning Monday are among the three

that focus on the second theory of causation: that thimerosal-containing

vaccines alone cause autism. If the families are successful, they could be

entitled to damages that cover lost income after the person turns 18 and up to

$250,000 (€162,000) for pain and suffering.

Many members of the medical community are skeptical of the families' claims.

They worry that the claims about the dangers of vaccines could cause some people

to forego vaccines that prevent illness.

Autism is a developmental disability that typically appears during the first

three years of life and affects a person's ability to communicate and interact

with others. Medical experts don't have a comprehensive understanding of what

causes autism, but they do know there is a strong hereditary component.

————

On the Net:

Background on thimerosal trial:

http://www.uscfc.uscourts.gov/node/4428

Copyright 2008 Associated Press. All rights reserved. This material may not be

published, broadcast, rewritten, or redistributed.

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