AP/ February 11, 2009, 2:58 PM

Autism-Vaccine Link Gets Day In Court

Parents claiming that childhood vaccines cause autism should not be awarded by the courts when the scientific community has already rejected any link, U.S. government lawyers argued Monday on the first day of a federal hearing.

Overall, nearly 4,900 families have filed claims with the U.S. Court of Claims alleging that vaccines caused autism and other neurological problems in their children. Lawyers for the families are presenting three different theories of how vaccines caused autism. A hearing concerning one of those theories began Monday and is expected to last through the month. The theory at issue is whether vaccines containing the preservative thimerosal caused autism.

Lynn Ricciardella, a Justice Department lawyer, said that the theory has not moved beyond the realm of pure speculation. She noted that such organizations as the Institute of Medicine and the Centers for Disease Control and Prevention have rejected any link between thimerosal and autism.

"There is no scientific debate," Ricciardella said. "The debate is over."

Thimerosal has been removed in recent years from standard childhood vaccines, except flu vaccines that are not packaged in single-doses. The CDC says single-dose flu shots currently are available only in limited quantities.

Under a two-decades-old program, individuals claiming injury from a vaccine must file a petition for "no-fault" compensation with the United States Court of Federal Claims. The secretary of Health and Human Services replaces the vaccine manufacturer or vaccine administrator to defend the claim.

Two 10-year-old boys from Portland, Ore., will serve as test cases to determine whether thousands of families can be compensated. Attorneys for the boys will attempt to show they were happy, healthy and developing normally - but, after being exposed to vaccines with thimerosal, they began to regress.

To win, the attorneys for the two boys, William Mead and Jordan King, will have to show that it is more likely than not that the vaccine actually caused the injury, which they described as regressive autism.

Tom Powers, one of their attorneys, acknowledged that the evidence showing thimerosal led to regressive autism was indirect and circumstantial. Still, it is clear in the case of the two boys that they were normal and typical well after their first birthday. Only after the full round of vaccines had been administered, did they begin showing symptoms of autism.

Exclusive: A prominent doctor tells CBS News we shouldn't rule out a possible link between childhood vaccines and autism.
The attorneys for the families said that a study in monkeys showed that mercury could ignite "neuroinflammation" in the brain, and such inflammation is the hallmark of somebody with autism. They also noted that previous studies of thimerosal were focused on autism, rather than on a more rare, specific form of the disorder that they described as regressive autism.

The first witness for the families, Sander Greenland, a professor at the UCLA School of Public Health, said that published studies he reviewed failed to separate regressive autism from other types of autism when looking at thimerosal, thus they allow for a substantial association of the vaccines with clearly regressive autism.

Under the vaccine compensation program, officials titled special masters serve as the trial judges. The hearing that began Monday involved three special masters who will hear the evidence and determine whether thimerosal belongs on the list of causes for regressive autism. The ruling are appealable to the Court of Federal Claims.

Plaintiffs were instructed to designate three test cases for each of their theories - nine cases in all. The two cases beginning Monday are among the three that focus on the second theory of causation: that thimerosal-containing vaccines alone cause autism. If the families are successful, they could be entitled to damages that cover lost income after the person turns 18 and up to $250,000 for pain and suffering.

Many members of the medical community are skeptical of the families' claims. They worry that the claims about the dangers of vaccines could cause some people to forego vaccines that prevent illness.

"I think that what's so endearing to me about the anti-vaccine people is they're perfectly willing to go from one hypothesis to the next without a backward glance," said Dr. Paul Offit, director of the Vaccine Education Center at the Children's Hospital of Philadelphia.

Autism is a developmental disability that typically appears during the first three years of life and affects a person's ability to communicate and interact with others. Dr. Andrew Gerber, a psychiatrist, said that medical experts don't have a comprehensive understanding of what causes autism, but they do know there is a strong hereditary component.

Toxins from the environment could play a role, but currently, data does not support that they do, Gerber said.
© 2009 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
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lucasnico says:
So I''''m open to be convinced - I really am. But it will take more than anecdotal correlational evidence or conversations with doctors. I''''ll close with a very simple question - if there really is a link between MMR vaccine and autism, why are all of these epidemiological studies missing it?

Posted by rational_1

because the government paid for these studies. the same government who tried to sneak in an indemnification clause into the patriot act for Ely Lilly......the company that put thimerosal in the MMR.
Not once, but twice our government tried to sneak this through...why? Because that''s who all of the lawsuits are against and they are HUGE contributors to both sides of the political process.

You haven''t read anything linking thimerosal to brain cancer?? Are you kidding, or just averting your eyes.

Finally, the best way to do research is to get off your duff, out of your soft office, and TALK to doctors, TALK to researchers, actually TALK to people.
The reason professors get such a bad rap is because of the attitude you are displaying...........geez, I read some stuff about it, what else do I need to do?
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looking4help-2009 says:
To rational_1:
I appreciate what you are saying. But I don''t get what you keep saying about kids loosing their teeth after starting kindergarden. I mean..what does that have to do with anything?? EVERY child looses their baby teeth and sooner or later grows their permanent teeth. NOT every child developes autism...Thank godness for that.
I am not saying that vaccines should be "outlawed" but I think that some of them are completley unnecessary. I mean some of these vaccines weren''t developed and approves until MANY years after the threat of the virus was over. Did you know that for the past several years, kids who do develop measels have a cough, rash, fever and then their top layer of skin peels off their hands and feet. It''s all over in 9 days or less. I admit that this still would be no walk in the park, but being sick for 9 days and then having lifetime immunity is still better than havinga lifde altering affect from getting a shot that is not necessary. Did you also know that the rubella vaccine contains aborted fetus tissue and can cause accute arthritis? I could go on and on, but my point is, maybe the shots should be re-evaluated and if nothing else, spread out so that a surge of vaccines arent injected into our kids bodies so many time within such a small amount of time.
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lucasnico says:

So, although you seem to have a real issue with the published literature on a putative MMR vaccine/autism link (maybe because it doesn''''t back up your personal belief), I think if you really want to promote your view you should encourage the people who share your belief to publish their data showing a link between the MMR vaccine and autism.

Posted by rational_1 at 01:17 AM

plenty has been published on the effects of thimerosal.....keep reading (and getting out of the office to actually talk with people would also help)
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looking4help-2009 says:
To rational_1 and lucasnico,

Although I can agree with a few pionts that each of you are trying to make, I just wonder why each of you are so very set on only going on "what the experts say". I mean yes they are experts, and yes therefore they are SUPPOSED to know, but haven''t either of you wondered about the things that are out there that NO ONE has found yet? I mean, Maybe the vaccines ARE linked to autism, and there IS a way to prove it, but that way just hasn''t been discovered yet. Isn''t that what this whole trial is all about? Maybe it''s not just the simple vaccine, but the fact that this one shot carries many vaccines and all of those combined is just to much for some children''s body to handle. I believe that this will be proven eventually. I mean, I have never seen a lot of things that are in this world for myself.....like a million dollars, or "life on Mars" or anything like that..but that doesn''t mean it doesn''t exist. There is no "scientific evidence" that God exists either, but that doesn''t mean it''s not so. I just think that people need to quit relying 100% on what''s proven now and realize that new "evidence" is out all the time, and that many years ago there was little things "proven" but look at us now......think of what can be proven if the right people keep trying.
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lucasnico says:

But, I''''m really curious about is just what research you have done in the autism/vaccine area, since you seem to require it of me.

Posted by rational_1

More trips to doctors than you could count. More meetings with researchers than I can remember. On the board of the M.I.N.D. Institute.....have talked with countless physicians and clinicians.
Maybe you''d like to see videos of my normally developing son......until,at 15 months, he had the MMR, with thimerosal.
There are tens of thousands of cases exactly like my son''s. Maybe you missed the doctors who have spoken to the real possibility of the link between the MMR and triggering, in some children, autism. There was one featured on this very website last night.

You stand on dangerous ground when your source of opinion is only in what you read.
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lucasnico says:

But, I''''m really curious about is just what research you have done in the autism/vaccine area, since you seem to require it of me.

Posted by rational_1

More trips to doctors than you could count. More meetings with researchers than I can remember. On the board of the M.I.N.D. Institute.....have talked with countless physicians and clinicians.
Maybe you''d like to see videos of my normally developing son......until,at 15 months, he had the MMR, with thimerosal.
There are tens of thousands of cases exactly like my son''s. Maybe you missed the doctors who have spoken to the real possibility of the link between the MMR and triggering, in some children, autism. There was one featured on this very website last night.

You stand on dangerous ground when your source of opinion is only in what you read.
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lucasnico says:

I already freely admitted that I''''m not an autism researcher, just someone whose interest was piqued enough to look into this field by this article. I haven''''t ''''interviewed'''' anyone in the autism field, just as I haven''''t interviewed physicists studying dark energy or molecular biologists studying Huntingtons Disease. But that doesn''''t make their work any less credible to me either.

Basically, like everyone else here, I''''m just expressing my opinions on this board - unlike most I actually try to cite some evidence to support what I say.

Posted by rational_1 at 02:08 PM : May 14, 2008


Again, this is the problem......point, click, read.... but don''t go out and do any real research on your own.

Maybe you could start offering movie reviews without actually seeing the movie.........just read what others have written and use that. After all, you don''t actually do, you teach.
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rlford3 says:
PAUL OFFIT''S COMMENTS SHOULD NOT BE INCLUDED (AND CERTAINLY NOT HIGHLIGHTED) IN ANY ARTICLE ON THIS TOPIC. HE IS ONLY SELF INTERESTED AS HE IS IN THE PROCESS OF TRYING TO GAIN A PATENT FOR THE NEW ROTAVIRUS VACCINE. THERE IS A GROSS CONFLICT OF INTEREST HERE.
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looking4help-2009 says:
For all of you out there who are completley against the idea of ANY vaccine injurues, let me quote Upton Sinclair in saying....
It is difficult to get a man to understand something when his salary depends upon NOT understanding it.
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looking4help-2009 says:
I WISH I KNEW HOW TO MAKE THESE WORDS REACH EVERY PARENT IN THE WORLD WITH A VACCINE INJURED CHILD OR EVEN FOR PEOPLE WHO ARE CONSIDERING GETTING OR NOT GETTING THEIR CHILD VACCINATED...AS OF 2004, OUR CHILDREN ARE GETTING 51 VACCINES BY THE AGE OF 6 MONTHS..AND 77 VACCINES BY SCHOOL AGE. THESE ARE NOT ACTUAL JABS OF A NEEDLE, BUT MOST OF THOSE JABS CONTAIN APROX. 3 VACCINES EACH.AND IF YOUR CHILD IS GETTING THE FLU VACCINE EVERY YEAR, THAT RAISES THE # FROM 77 TO 95 BY THE TIME THEY START SCHOOL. AND THE GOV. WANTS TO AD ANOTHER 20 VACCINES BY THE YEAR 2010.
ALSO, IT''S NOT JUST THE MERCURY THAT WE NEED TO WORRY ABOU..IT''S ALSO THE ALUMINUM..WHICH BY THE WAY IS STILL IN ALL DTP SHOTS, AS WELL AS HEPB, HIB AND PREVNAR. A LOT OF THESE VACCINES THAT ARE "REQUIRED" SHOULDN''T EVEN ME BECAUSE THE DISEASES THEY ARE MADE FOR HARDLY EVEN EXIST ANYMORE!! I SUGGEST DOING THE RESEARCH ON ALL VACCINES..GETING THE ONES YOU WANT YOUR KID TO HAVE, AND FILLING OUT A MEDICAL EXEMPTION FORM FOR THE REST..WHICH EVERY STATE HAS, BUT WON''T TELL YOU ABOUT UNLESS YOU FORCE THE ISSUE...LOOK IT UP
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