WASHINGTON, June 11, 2007

Vaccine-Autism Link Case Goes To Court

Precedent-Setting Claim Over Whether Child's Autism Was Caused By Common Vaccines

  • Play CBS Video Video Vaccines On Trial

    In a landmark federal case, the parents of 12-year-old Michelle Cedillo will try to prove that their daughter's autism was caused by a vaccine. Sharyl Attkisson reports.

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(CBS/AP)  The parents of 12-year-old Michelle Cedillo asked a federal court Monday to find that their child's autism was caused by common childhood vaccines, a precedent-setting case that could pave the way for thousands of autistic children to receive compensation from a government fund set up to help people injured by the shots.

Wearing noise-canceling headphones, Michelle, of Yuma, Ariz., was brought into the courtroom in a wheelchair at the start of the proceedings before the U.S. Court of Federal Claims. She stayed only a short time.

Her parents, Theresa and Michael Cedillo, allege a preservative called thimerosal that had been used in vaccines weakened their daughter's immune system and prevented her body from clearing the measles virus after she was immunized for the disease at age 15 months.

Today, Michelle suffers from a litany of health problems, including severe autism, inflammatory bowel disease, glaucoma and epilepsy.

"We hope to find out what happened and hopefully get the help she needs," said Theresa Cedillo, who takes care of her daughter full time at home.

Special Master George Hastings Jr. thanked the family for allowing theirs to be the first of nine test cases that will help guide the resolution of some of the nearly 5,000 similar claims lodged with the government.

"Clearly the story of Michelle's life is a tragic one," Hastings said in pledging to listen carefully to the evidence presented during the three-week hearing.

The burden of proof is easier than in a traditional court. Plaintiffs only have to prove that a link between autism and the shots is more likely than not, based on a preponderance of evidence.

Large scientific studies have found no association between autism and vaccines containing thimerosal.

But many parents say their children's symptoms did not show up until after their children received the vaccines, required by many states for admission to school.

"These are families who followed the rules. These are families who brought children in for vaccines. These are families who immunized their children," said the Cedillos' attorney, Thomas Powers.

Powers said that the science regarding a possible vaccine-autism link is in dispute.

Government attorney Vincent Matanoski dismissed much of what the plaintiffs are expected to present as conjecture or speculation.

"You'll find their hypotheses untested or, when tested, have been found false," Matanoski said.

Since 1999, more than 4,800 families have filed claims with the government alleging their children developed autism as a result of routine vaccinations. Most contend that a preservative called thimerosal is to blame for the impaired social interaction typical of the disorder.

Created in 1986, the federal vaccine court has already paid out $750 million for vaccine injuries, reports CBS News correspondent Sharyl Attkisson, but it has never before tried an autism case.

The court is being asked to decide whether there is a link between autism and childhood vaccines. If it finds one exists, the families could be eligible for compensation under the Vaccine Injury Compensation Fund, a program established by Congress to ensure an adequate supply of vaccines by safeguarding manufacturers from lawsuits. Under the program, people injured by vaccines receive compensation through a special trust fund.

Autism is characterized by impaired social interaction. Those affected often have trouble communicating, and they exhibit unusual or severely limited activities and interests. Classic symptoms of mercury poisoning include anxiety, fatigue and abnormal irritation, as well as cognitive and motor dysfunction.

Monday's case addresses the theory that the cause of autism is the measles, mumps and rubella vaccine in combination with other vaccines containing thimerosal. The preservative, about 50 percent mercury by weight, is no longer found in routine childhood vaccines but is used in some flu shots.

In July 1999, the U.S. government asked vaccine manufacturers to eliminate or reduce, as expeditiously as possible, the mercury content of their vaccines to avoid any possibility of infants who receive vaccines being exposed to more mercury than is recommended by federal guidelines.


© MMVII, CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
Add a Comment See all 159 Comments
by shmedley1 June 14, 2007 6:56 PM EDT
Duke: GLB's tactics are pretty clear. This is an old tactic. One slowly brings in mildly off-topic issues to get the rest off subject. Pretty soon, a debate erupts which has nothing to do with the original topic, but did manage to get individuals' to stop talking about the issue. It's a modus operandi, referred to as duck and cover.
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by dcduke6 June 14, 2007 6:44 PM EDT
Why does this GLB... aka SOB still send posts? You must still beieve in the refrig. mom theory of Autism. It is clear your advice is not only of no interest as you are so biased and are now so off the topic with religion & evolution. There is definetly much more reason to beleieve Thimerosal is a cause as the numbers are trying to tell us something.
Reply to this comment
by teeus June 14, 2007 6:23 PM EDT
I am surprised it has not been done yet.
Posted by nitzalerner

In some ways it has been done: In the general population of the US the ratio is 1 : 166. In the Amish population, who do not vaccinate, the numbers are 1 : 15,000.
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by nitzalerner June 14, 2007 6:19 PM EDT
Since there has been such a debate about the conection between Autisim and vaccin I think this can be checked and study at a low cost and in short time,by simply contacting a large number of Pedeiatric clinics around the country and collect information on the health of all the children that have not been vaccinated between the years 1991 and 2003,and see how many of this children have developed Autisim.If none or a much smaller percentege have developed it, than the answer can be found right there. I am surprised it has not been done yet.
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by teeus June 14, 2007 6:16 PM EDT
"...It has everything to do with the debate. If you are so religously damaged and corrupted as to be unable to see clearly enough the science and logic behind the vaccination concept..."
posted by glb1969

You are generalizing your argument with Shmedley1 to the entire concept.

I do believe in evolution. I am not religious.

You cannot use your patronizing "you're too religous to understand SCIENCE" with me.

There have been several posts that poke holes in your science--for multiple reasons. You are avoiding debating by dismissing all of us like you dismiss Shmedley1.

Pick on somebody else, and really discuss things, or stop trolling.
Reply to this comment
by desimomof4 June 14, 2007 5:18 PM EDT
Kimberly, I for one do have a child with Autism as well. He is my pride and joy and has progressed by leaps and bounds. I HAVE done much research, but looking for trustworthy sites to gain correct information. I do not trust the FDA or CDC sites because I believe they are biased and covering their butts. I do blame thimerisol and I have so far had all my children vaccinated which scares me. There is a doctor nearby named Stephanie Cave who believes that thimerisol is the cause as well as the doctors where I took my children for the last 2 years. I'm disappointed in people like glb who are ignorant and believe that parents should not put their children's lives first but the "needs of many" who should be taking care of their own needs.
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by shmedley1 June 14, 2007 4:36 PM EDT
GLB:
You are correct - I will ignore your advice. With all due respect, this is not about religion or evolution (which is why I did not expand on further posts addressing it).
It is about MMR and Thimerosol, whether in part or as a whole. It is about the vaccination, ingredients, the autism epidemic, the children and the parents, not religion. This court case is FINALLY their day to be heard.
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by shmedley1 June 14, 2007 4:22 PM EDT
You apparently missed prior posts. Healthy bodies, at least in my opinion, has nothing to do with autism. The comment was made to SY2502 as he was talking about me not vaccinating my children and would it concern me if they were in contact with others who had a disease.
So the comment was not towards autism, but, towards vaccintions in general.
And yes, I have an autistic niece (3 y/o) and see what her parents go through; so I'm well aware, though not directly involved. In one of my prior posts I made mention that parents with autistic children endure far more than I think I could ever bare.
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by dcduke6 June 14, 2007 4:21 PM EDT
I am with Kimberley on this one. Perhaps the individuals that beleive Not vaccinating should worry with their children having the healthiest body system as possible and shelter them. However, I am not against the vaccine. I too am against the preservative Thimerosal used! I too can not beleive they are still using it in flu shots and not putting a warning on it for youd children. My son is autistic and myself have put everything I have into helping my son from the simple things to what is going to determine his future. The only problem is there are too many people trying to protect themselves from the blame on this one. I also keep saying it.... but if is safe....why did they start taking it out? Also, with being told by my sons pediatrician that quit her practice to go Iraq... when she told me not to immunizate for chicken pox.... that it wasnt safe... I think then she was telling me to be careful. I just wish I had known sooner.
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by kimberly48-2009 June 14, 2007 3:37 PM EDT
What does having healthy system body do with Autism. The subject is autism. Do you have a Autistic child? I believe you need to investigate autism then try and talk about it. I believe I'm speaking with individuals that really dont know what their talking about. Autism has to do with the treasure part of the brain and is over stimulated. You must not have a child with Autism. This site is for the noneducated individuals and I wont be writing on here or wasting my time.
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by shmedley1 June 14, 2007 12:14 PM EDT
Teeus - in all fairness, I took SY2502's comments on the below to mean that those whom state there is no connection hasn't given the time of day. I may be wrong, but, that's how I perceived it.


"...but I doubt that many on the other side of the issue have given the time of day to most of the questions I raised..."

That's a cheap shot. I responded to your "questions" a ways back. Did you not read it, or are you choosing to ignore it?
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by shmedley1 June 14, 2007 10:21 AM EDT
GLB - right when I think you cannot possibly state anything more stupid - you speak yet again. Am I religious? While that's none of your business, I will answer and say yes I am. It however has nothing to do with the debate. Again, all you can do is continue on with your pointless rants. The funny thing is, the more that you do this, the smarter you make us all look.
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by shmedley1 June 14, 2007 10:17 AM EDT
SY2502 - can I be 100% sure my children won't contract a disease from someone else? No, I can't. What I can do is make sure their immune system is healthy, strong and functions on its own. I can make sure they have no fast foods and eat healthy. I can make sure that rather than sitting in front of the TV or X-Box, they're out playing and getting exercise. I think people sometimes really underestimate the power of having a healthy system and body.
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by kimberly48-2009 June 14, 2007 7:45 AM EDT
Hello, I'm not going to get into the scientific proof of the cause of Autism. The fact is vaccines did effect these children. When my Autistic son was born August 6, 1993 the signs did not show up until he was 3 years of age. I have proof on video that my son was normal until that age. When he turned three I noticed him putting stuffed animals around him in a circle, and then his personality became uncontrollable. They did not stop putting mercury in vaccines up until the year 1999. Because of Autism parents have the hardest parental job anyone could imagine. Children with Autism and parents who love these kids have the most challenging life anyone could imagine. Something happened, it is not normal to put mercury in vaccines to preserve the vaccine, an adult couldn't even handle it. Now why is the government allowing to put some or small doses of mercury in flu shoots for children. Is our government so cheap to make more vaccines and not worry about the side effects. Autism is everywhere. So you all think it is normal, well I dont. These children and parents should get some type of lawsuit for pain and suffering. I know I've given my life to my Autistic Child now 14 years old. So why cant the government now help the families that have to live this world of autism, and worry about their children forever wondering if they will be safe in a world were some people just dont give a ***!
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by gaye5 June 14, 2007 7:20 AM EDT
To understand why you likely have not heard about most of these vaccine dangers, don't miss the excellent summary of a highly revealing book by the former editor of the prestigious New England Journal of Medicine at http://www.WantToKnow.info/truthaboutdrugcompanies. Dr. Angell clearly depicts how the pharmaceutical companies have used their immense wealth to exert control over all branches of government and prevent information which might hurt their profits from getting significant media coverage.
Lack of space means that much of the evidence cant be shown here glb1969, so I can only say as most of us on here have done look up the dangers of immunisation or Dr's against immunisations etc plus those that you have read in favour, dont just close yourself to one side, most of us on here have had the brains to look up both sides..
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by gaye5 June 14, 2007 7:17 AM EDT
glb1969 said... there is a consensus amongst most reputable scientists that Thimerosol is not the causative agent and I am only responding to that specific component no other) endanger their child.

glb1969, what planet do you come from, no there is not a consensus amongst reputable scientists, and I supose you would only consider those who believe as you do are reputable... Cant you see that most of these people on here have done much research on both sides of the arguement, and are you telling all of them that they are tooo stupid to know what they are researching.. there are many like these few facts that I am giving here...
Patrick Stortebecker Formerly Associate Professor of Neurology, Karolinska Instititute, Stockholm. Mercury Poisoning from Dental Amalgam - a hazard to the human brain.
Hal Huggins. Observations from The Metabolic Fringe. ICBM conf. Collarado 1988
Sam Queen; Chronic Mercury Toxicity; New Hope Against an Endemic Disease. 000
Verchaeve L. et al., Comparative in vitro cytogenetic studies in Mercury exposed human lymphocytes. Mutation Res., 1985: 157; 221-226 .
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by gaye5 June 14, 2007 12:28 AM EDT
The epidemics ended in cities where smallpox vaccinations were either discontinued or never begun, and also after sanitary reforms were instituted (most notably in Munich -- 1880, Leicester -- 1878, Barcelona -- 1804, Alicante -- 1827, India -- 1906, etc).
Max von Penttenkofer, James T. Briggs, Dr. John Snow, Edwin Chadwick, Florence Nightingale, Dr. Southwood Smith, et al. was that they were able to eradicate cholera, yellow fever, tuberculosis, typhus, typhoid, scarlet fever, diptheria, whooping cough, measles, and the bubonic plague long before vaccinations were developed or routinely used.
The above was taken from...
The Dangers of
Smallpox Vaccination

Compiled by Gary Krasner

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by gaye5 June 14, 2007 12:26 AM EDT
The CDC reported (Morbidity and Mortality Weekly Report, July 30, 1999, 48:621-628) that improvements in sanitation, water quality, and hygiene had been the most important factors in control of infectious diseases in the past century. Although vaccines were mentioned, they were not included among the major factors.

One of the conclusions in Thomas McKeown's seminal work, The Modern Rise of Populations (1976, also endorsed by a Lancet editorial, 2/1/75), was that the decline in mortality in the 18th and 19th centuries was essentially due to the reduction in deaths from infectious diseases, and that it was not the result of immunizations.
According to World Health Statistics Annual, 1973-76, Vol.2, "there has been a steady decline of infectious diseases in most developing countries regardless of the percentage of immunizations administered in these countries."
Not only had poor sanitation and nutrition lain the foundation for disease, it was also compulsory smallpox vaccination campaigns in the late 19th and early 20th centuries that played a major role in decimating the populations of Japan (48,000 deaths), England and Wales (44,840 deaths, after 97 percent of the population had been vaccinated), Scotland, Ireland, Sweden, Switzerland, Holland, Italy, India (3 million -- all vaccinated), Australia, Germany (124,000 deaths), Prussia (69,000 deaths -- all re-vaccinated), and the Philippines.
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by gaye5 June 13, 2007 11:02 PM EDT
glb1969 the man who blew the whistle on cigaretes and the dangers of smoking almost had his life destroyed also.. They did their best to discredit him and his marriage broke up over it, and didnt they threaten to kill his family as well..
Money is the game and the people are the fools who will give it to them..
Reply to this comment
by gaye5 June 13, 2007 10:57 PM EDT
glb1969 said...Only those who are so selfish, antisocial, and ignorant are willing to knowingly damage their own community and society. Congratulations on being a traitor to the human race.
glb1969 you have to be joking, do you think any loving parent who has investigated into immunisation and seen the damage that is being done to far to many children are going to risk their child for something which is causing damaging so many children..
Measles, mumps and chicken pox used to be counted as the mild childhood diseases.. We were NEVER in fear of our children being damaged from these diseases, in fact we used to make sure our children got it before they went to school as it is mostly much milder when they are young, but we live in fear of our children being damaged from immunisation.. isn't it strange that the cot death rate has dropped to almost nothing in Japan after they raised the age to two years for the first immunisation, hmmm...
glb1969, others have not put you down for your opinion so dont lower yourself by putting others down. You surely must wonder as to how can the whole herd be cured of these diseases when countries who cant afford immunisation are not being immunised???
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