SchaferAutismReport: Vaccine Watch: A Third Vaccine Court Case

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Tuesday, August 19, 2008

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Vol. 12 No. 122p

In This Issue:

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PUBLIC HEALTH

Vaccine Watch: A Third Vaccine Court Case

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PEOPLE

Bullying Killed Our Boy, Devastated Australian Family Tells

Missing Utah County Woman Found Safe at TRAX Station

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Interim Legislative Study To Explore Autism

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PUBLIC HEALTH

Vaccine Watch: A Third Vaccine Court Case

By Sharyl Attkisson, CBS News. tinyurl.com/6dhmee

(AP / CBS) With thousands of autism cases

pending in federal vaccine court, and numerous test case decisions coming

this fall, some are looking to see what-- if anything-- can be learned from

prior court decisions. While most vaccines are well-tolerated by most

children, side effects do rarely occur and victims are entitled to

compensation in this special vaccine court. Previous blogs have discussed

the case of Hannah Poling: a thimerosal (mercury) vaccine case the

government conceded last fall (the mercury exposure in childhood

vaccinations has been greatly reduced in recent years due to safety

concerns); and a 1986 case in which the court determined vaccinations

aggravated a pre-existing condition called " TS " in a child,

resulting in his mental retardation and autism.

Now, CBS News has obtained details of a

third case of vaccine injury in a child born in 1974. It may be one of the

first cases in which the government compensated a child who became mentally

retarded and developed autistic behavior after a vaccine injury. In this

case, unlike the two others we've looked at, the child did not have a known

pre-existing condition. What does this tell us that's relevant to the

current debate over vaccines and autism/ADD? Medical experts are likely to

differ on that front. Another " anomoly " ? Early evidence of a

possible vaccine/autism link that the government hasn't publicly discussed?

Did the child have a pre-existing susceptibility to vaccines that simply

went undiscovered? No matter the interpretation, the case proves the

vaccine/autism debate has been going for at least two decades.

In excerpts from the case below, the

government agreed the child suffered " a residual seizure

disorder " after his second Diphtheria, Tetanus & Pertussis (DPT)

vaccine but attempted to argue that the child's mental retardation and

brain injury were unrelated to the seizure disorder and were, instead,

caused by his autism. On the other hand, the court found that the autistic

behavior, brain injury and mental retardation were all part of the vaccine

injury. (It is significant to note that this case involves injury from a

DPT vaccine that has since been replaced by what is believed to be a safer

version).

Case Excerpts as written by the vaccine

court judge: E. , Special Master

Facts

CHILD was born on August 23, 1974, the 9 lb.

9 oz. product of an uncomplicated pregnancy and delivery. CHILD developed

normally until the age of four months when he was administered his second

DPT vaccination on December 23, 1974... That evening, he experienced a

grand mal seizure. CHILD's mother... took CHILD to the... emergency room

where he was found to have a fever of 101.8 degrees at that time and a

bulging fontanelle...CHILD had a seizure on March 25, 1975, with a

temperature of 102 degrees. The next day, he had another seizure with a

fever less than 102 degrees...On April 15, 1975, CHILD experienced a petit

mal seizure without an associated fever... CHILD apparently did well until

mid-July 1975, when he had four seizures, with fever around 100.7

degrees... CHILD had additional seizure activity in November 1975. Again in

February 1976, CHILD had seizures. At that time, a repeat EEG was grossly

abnormal...when CHILD was 21 months of age, (CHILD's doctor) noted that

CHILD had a vocabulary of only two to three words. At that time, (CHILD's

doctor) discussed... the possibility that CHILD was mentally retarded and

developmentally delayed. CHILD currently is severely mentally retarded and

has an intractable seizure disorder.

(The government) respondent has conceded

that CHILD suffered a residual seizure disorder as set forth in the Vaccine

Injury Table, but argues against a finding that CHILD also suffered an

encephalopathy (brain injury). Moreover, (the government) contends that

CHILD suffers from autism, which has produced his severe mental retardation

and developmental delay. Consequently, (the government) urges that

compensation in this case be limited to those expenses that reasonably

might be incurred for CHILD's residual seizure disorder, not for expenses

he might accrue because of his mental retardation, developmental delay and

autistic behaviors.

The question of encephalopathy.

(Government physician) believes that CHILD

currently suffers from autism and mental retardation that are the result of

an independent underlying neurologic condition that pre-dated the

vaccination. However, all tests that were conducted to determine possible

causes for CHILD's condition have revealed none. Furthermore, (government

physician) has posited no origin of any underlying neurologic condition.

(Government physician) would have us believe that CHILD's grand mal

convulsion following his second DPT vaccination was simply a manifestation

of benign febrile seizures and that CHILD had another concurrent underlying

(but etiologically undetermined) neurological disorder which later produced

his severe mental retardation and autism.

I reject this theory for several reasons.

+ Read more: tinyurl.com/6dhmee

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