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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  • Interactive Breaking The Silence

    Find out more about autism, and where to get help for someone who may have this neurological disorder.

(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.
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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.
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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.
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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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