World Autism Awareness 2004 MMR parents win legal victory

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http://www.guardian.co.uk/uk/2004/dec/26/health.politics

MMR parents win legal victory

Doward, Social Affairs Editor

The Observer, Sunday December 26 2004

Up to 100 families who allege that their children were damaged by the

MMR vaccine are to receive legal aid to sue the drugs companies

behind the controversial inoculation.

Following an intervention last week by Mr Justice , the High

Court judge presiding over the multi-million pound lawsuit launched

against the manufacturers of the triple vaccine against measles,

mumps and rubella, The Observer has learnt that the families are set

to be granted aid to pursue their claims against the vaccine's

manufacturers. Without the money, the families would not be able to

continue their legal fight.

The families allege the vaccine was responsible for their children

developing a range of conditions, including Crohn's disease,

arthritis, epilepsy and encephalitis - an inflammation of the brain.

The news will alarm the government, which has recently been waging a

hard-hitting PR campaign designed to deflect negative publicity

surrounding the triple jab.

Health officials are worried that concerns about the safety of MMR

have caused vaccination rates to plunge among children, sparking

fears of a measles epidemic.

It is not expected that legal aid will be granted to parents who

allege a link between the vaccine and regressive, atypical autism, a

claim first aired by the controversial scientist, Dr

Wakefield, and subsequently rejected by most medical experts.

The decision to grant legal aid would represent a significant U-turn

on the part of the Legal Services Commission (LSC), which earlier

this year pulled funding for some 1,300 families who were attempting

to sue the MMR manufacturers, GlaxoKline, Aventis Pasteur and

Merck.

In March, the LSC ruled there was insufficient evidence for the

families to have a reasonable prospect of success in court. Following

the ruling, the drug companies' legal teams indicated they would

press for costs if the parents continued with their claims. The

majority of the parents dropped their legal challenge out of fear of

bankrupting themselves.

At the time, the decision to pull legal aid was described by

as 'hardly an advertisement for access to justice'. He subsequently

introduced a 'costs amnesty', which temporarily barred the drugs

companies from seeking money from the parents and gave them until 22

October to decide on whether to pursue their claims. The deadline was

later extended until 21 December.

Now The Observer has learned that, last Monday, wrote to the

families' legal teams, extending the deadline again, until 28

February. As a result of the extension, it is expected the LSC will

be writing to up to 100 families notifying them of its plans to

reinstate their legal aid certificates within the next couple of

months.

Families who claim their children have been damaged by the vaccine

are likely to view the decision to reinstate their legal aid as a

watershed in their ongoing battle against the drug companies, who

vehemently deny their claims.

But the families believe their case has been bolstered by events in

Japan, where a number of children have been awarded compensation

after suffering severe neurological damage that the Japan courts said

was a result of them receiving the MMR jab.

The prospect of further legal action against the drug companies in

the UK next year looks likely. Some of the parents whose children

have atypical autism and severe bowel problems, and who have lost

their legal aid appeals, are now taking their cases to judicial

review. They have pledged to pursue their claims in the European

Court of Human Rights if the review finds against them.

Neither the LSC or the Department of Health was available for

comment.