SchaferAutismReport: Vaccine Makers Shielded From Autism Liability Lawsuit

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schafer wrote: To read this report online browse here www.sarnet.org/lib/todaySAR.htm For large text version here: www.sarnet.org/lib/SARtext.htm Friday, September 12, 2008 Reader

Supported Vol. 12 No. 134p In This Issue: • PUBLIC HEALTHVaccine Makers Shielded From Autism Liability Lawsuit • RESEARCHAn Epidemiological Analysis of the ‘Autism As Mercury Poisoning’ Hypothesis • • • • • • • • • CAMPAIGN '08 Joe Biden Impresses Wisconsin Teen At RallyADVOCACYAutism Proposal Fails In Illinois HousePEOPLEDisney Movies Help Dad, Son Survive Hours At Sea Missing 8-Year-Old Boy Found By Alert CitizenCAREGetting Those Who Are Lost 'HomeSafe'

TREATMENTAmerican Medical Autism Board LaunchedFINANCESTACA Scholarship Program Starts … Now How To Avoid Being Bankrupted By Autism COMMENTARYVaccine Skeptics vs. Your Kids Send your LETTER The Autism Calendar or here: tinyurl.com/283dpa DO SOMETHING ABOUT AUTISM NOW SUBSCRIBE. . . ! . . . Read, then Forward the Schafer Autism Report.$35 for 1 year - 200 issues, or No Cost Review Sub.www.sarnet.org the Autism Calendartm hereHundreds of Local Autism Events Political Discussion Forum Heats Up As Vaccine Link To Autism Question SpreadsAn email discussion list has been created in response to the growing interest in the environmental causes of autism -- now more than 2,200 subscribers. Here is where to join: SAR Back Issues AUTISM IS TREATABLE Check here Today's SAR is provided through the support of paid subscription readers. - THANK YOU - DEADLINESeptember 25 For OctoberAutism Events CalendarSubmit listing here free! the Autism Calendartm hereHundreds of Local Autism Events PUBLIC HEALTHVaccine Makers Shielded From Autism Liability LawsuitAutism case preempted by federal law By Jane Akre. tinyurl.com/6zqlxq An 11-year-old boy with autism and his family cannot proceed with their case against pharmaceutical companies after a judge ruled that federal law pre-empts state claims against companies if their vaccines are FDA-approved. ,

11, of Texas, was given six vaccines during the first year-and-a-half of his life. Five of the vaccines contained the mercury-based preservative, thimerosal. ’s parents, and claim the mercury in the vaccines caused ’s autism. The vaccine makers named in the product liability lawsuit were Aventis Pasteur Inc., Merck & Co. Inc., and Wyeth. But Philadelphia Common Pleas Judge Arnold L. New granted the companies summary judgment and wrote that the drug makers are shielded from liability by the federal National Childhood Vaccine Injury Act. 22( of the Vaccine Act expressly pre-empts claims of design defects or a failure to warn the

public about a vaccine’s dangers. “Congress clearly intended when it enacted the Vaccine Act to exercise its constitutionally delegated authority to preempt all state design defect claims without case-by-case determination that the side effects are unavoidable," New wrote. The 1986 National Childhood Vaccine Injury Act was created as a no-fault system by the federal government to provide recovery of damages to people hurt by vaccines and to reduce the potential financial liability of vaccine makers due to injury claims. The ’s attorney Marc P. Weingarten of Locks Law Firm, had argued that the drug companies were negligent because the public and doctors were kept in the dark about the use of mercury in

vaccines. But Judge New ruled that violating the protection provided by the Vaccine Act might destabilize the supply of child vaccines. Weingarten said the case is "an extremely important issue to be heard by the courts of Pennsylvania" because of the federal pre-emption issues arising in pharmaceutical and medical device litigation in both state and federal jurisdictions. Proponents of vaccines argue that major studies have not found a link between the use of thimerosal and neurological injury. But scientists pointing to the case of Hannah Poling earlier this year, put the industry on notice that pre-existing conditions in children, such as mitochondrial

disorder in Hannah, might result in autism after vaccinations. In March, Gerberding, head of the CDC, appeared with Dr. Sanjay Gupta on CNN and confirmed that vaccines can trigger autism in a subset of vulnerable children. That video is available via YouTube on the web site of Adventures in Autism. To overcome this federal safety blanket for drug makers, the plaintiff would have to show the pharmaceutical companies engaged in fraud or wrongfully withheld information from the FDA; or failed to exercise due care even though the manufacturer complied with federal laws and regulations. Ultimately, measures aimed at reducing the right to file liability lawsuits against drug and device makers is one tool of the tort

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purposes only and provided at their request. Articles may not be further reprinted or used commercially without consent from the copyright holders. To find the copyright holders, follow the referenced website link provided at the beginning of each item. Lenny Schafer editor@... The Schafer Autism Report is a non-profit corporation Unsubscribe here: www.sarnet.org/frm/unsub2.htm_______________________________________________SARnets mailing listSARnets@...http://lists.igc.org/mailman/listinfo/sarnetsYou can unsubscribe send email:http://www.sarnet.org/frm/unsub2.htm-- You are subscribed as: deniseslist@...