January 4, 2010 8:26 AM

Vaccine-Autism Link Ruled Out By Court

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CBSNews
(CBS/ AP)  Vaccines aren't to blame for autism, a special federal court declared Thursday in a blow to thousands of families hoping to win compensation and to many more who are convinced of a connection.

The special masters who decided the case expressed sympathy for the families, some of whom have made emotional pleas describing their children's conditions, but the rulings were blunt: There's little if any evidence to support claims of a vaccine-autism link.

The evidence "is weak, contradictory and unpersuasive," concluded Special Master Denise Vowell. "Sadly, the petitioners in this litigation have been the victims of bad science conducted to support litigation rather than to advance medical and scientific understanding" of autism.

Science years ago reached the conclusion that there's no connection, but Thursday's rulings in a trio of cases still have far-reaching implications - offering reassurance to parents scared about vaccinating their babies because of a small but vocal anti-vaccine movement. Some vaccine-preventable diseases, including measles, are on the rise, and last fall a Minnesota baby who hadn't been vaccinated against meningitis died of that disease.

The special court represented a chance for vindication for families who blame vaccines for their children's autism. Known as "the people's court," the U.S. Court of Claims is different from many other courts: The families involved didn't have to prove the inoculations definitely caused the complex neurological disorder, just that they probably did.

More than 5,500 claims have been filed by families seeking compensation through the government's Vaccine Injury Compensation Program, and Thursday's rulings dealt with the first three test cases to settle which if any claims had merit. The first cases argued that a combination of the measles-mumps-rubella vaccine plus other shots triggered autism.

"I must decide this case not on sentiment but by analyzing the evidence," said Special Master George Hastings Jr., writing specifically about Michelle Cedillo of Yuma, Ariz., who is disabled with autism, inflammatory bowel disease and other disorders that her parents blame on a measles vaccine given at 15 months.

"Unfortunately, the Cedillos have been misled by physicians who are guilty, in my view, of gross medical misjudgment," Hastings concluded.

CBS News medical correspondent Dr. Jon LaPook says there is a downside to continuing to look to make absolutely sure there's no link between vaccines and autism.

"A lot of experts are saying we're spending all this time and money looking at that potential link. We need to be spending it on early diagnosis and treatment," LaPook said.

Attorneys for the families said they were disappointed and may appeal.

"There was certainly no scientific proof that vaccines caused autism, but that's not the standard; the standard is likelihood," said Kevin Conway of Boston who represented the Cedillos. "We thought our evidence was solid."

"Certainly those three families are discouraged with the ruling," added Tom Powers, a Portland, Ore., attorney overseeing all the claims. "It's a big step, it's a significant step but it's not the last step."

Indeed, the court's ruling will do little to change the minds of parents who believe vaccines have harmed their children, said the head of a consumer group that questions vaccine safety, the National Vaccine Information Center.

"I think it is a mistake to conclude that because these few test cases were denied compensation, that it's been decided vaccines don't play any role in regressive autism," said Barbara Loe Fisher, the center's president.

The court still must rule on additional cases that argue a different link - that vaccines that once carried the mercury-containing preservative thimerosal are to blame, if the mercury reached and damaged brain cells - and Powers said families making those claims remain hopeful. The court has given no timetable for a ruling.

But Thursday's rulings clearly gave great credence to numerous large studies that have looked for but not found any link between the measles vaccine, other vaccines and autism.

"Hopefully, the determination by the special masters will help reassure parents that vaccines do not cause autism," the Department of Health and Human Services said in a statement that pledged to continue research into possible causes and better treatments.

"It's a great day for science, it's a great day for America's children when the court rules in favor of science," said Dr. Paul Offit, an infectious disease expert at the Children's Hospital of Philadelphia and developer of a vaccine for rotavirus.

"A choice not to get a vaccine is not a risk-free choice," Offit added, pointing to recent outbreaks of vaccine-preventable diseases that authorities suspect are partly due to delayed or rejected vaccinations.

Autism is best known for impairing a child's ability to communicate and interact. Recent data suggest a 10-fold increase in autism rates over the past decade, although it's unclear how much of the surge reflects better diagnosis.

Worry about a vaccine link first arose in 1998 when a British physician, Dr. Andrew Wakefield, published a medical journal article linking a particular type of autism and bowel disease to the measles vaccine. The study was soon discredited, and British medical authorities now are investigating professional misconduct charges against Wakefield.

Then came questions about thimerosal, a preservative that manufacturers began removing from all vaccines given to infants in 2001. Today it is present only in certain formulations of the flu shot.

CBS/ AP
Add a Comment See all 67 Comments
by garbosmed February 14, 2009 2:46 AM EST
Mercury was not "banned" from vaccines. If you go to the FDA website and look at their list of approved excipients, it will tell you in black and white that thimerosal is still in several vaccines at full dose levels, including the flu shot that is given annually. There are others that have mercury at "trace" levels; it''s used in the manufacturing process and chelated out, leaving trace amounts behind, kind of like decaffeinated coffee. Given the number of vaccines and the body weight of an infant, those trace amounts could still be significant. In a person with normally functioning kidneys and immune systems, this might not be a problem; but for infants with trouble excreting toxins it could cause severe neurological problems.
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by lucasnico February 13, 2009 10:44 PM EST
The point is mute. Thimerosol has been out of vaccines for quite a while. So why beat a dead horse. There now is evidence for a genetic (at least partial) couse for autism. I rember when everyone was crucifying OB''''s for cerebral palsy which turned out to be rarely if ever caused by Obstetrical negligence. All of this pre-occupation with thimerosol is distracting the search for the real cause(s) of autism.

Posted by brainteaser2

While banned in ''99, in many states vaccines containing thimerosal were used through 2002.... A mute point? Mercury in any vaccine at any time is/was beyond unnecessary and extremely irresponsible.
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by brainteaser2 February 13, 2009 10:24 PM EST
The point is mute. Thimerosol has been out of vaccines for quite a while. So why beat a dead horse. There now is evidence for a genetic (at least partial) couse for autism. I rember when everyone was crucifying OB''s for cerebral palsy which turned out to be rarely if ever caused by Obstetrical negligence. All of this pre-occupation with thimerosol is distracting the search for the real cause(s) of autism.
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by endrepubs February 13, 2009 4:16 PM EST
Since vaccines have been ruled out, this should intensify efforts to find the true reason for the explosion of autism related disorders.
Reply to this comment
by erasmus606 February 13, 2009 6:41 AM EST
All i know is that if i took my child to McDonals''''s for a hamburger and a couple of hours later they were throwing up so bad I had to take them to the hospital I would think it probably was the hambuger.

Posted by spiritwalk at 03:19 PM : Feb 12, 2009

But that may not be necessarily so. Say you had the hamburger for dinner, it could have been from what you ate for lunch or breakfast. You don''t always get sick immediately. It can take up to 24 hours or more for food poisoning to show up.
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by lucasnico February 13, 2009 4:32 AM EST
The facts should matter, if you really do care for your kids. Risking polio, measles, all these killer diseases, for a fear that every reputable scientist says is simply false, is not wise.


Posted by SusanHelit at 01:30 PM : Feb 12, 2009

Hey it''s BIG PHARM SUE, friend and ally to the big drug manufacturers. If thimerosal is so safe, why did Ely Lilly try to indemnify itself as part of the patriot act?? Why have they spent millions in lobbying efforts with our government? why are parents lined up to sue them? what is thimerosal all about BIG PHARM SUE??
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by lucasnico February 13, 2009 3:50 AM EST
Hmmm, read my posts below and his and see who is making a more compelling argument. When you resort to insults, especially at the beginning of an argument, it just comes off as a sign of desperation and an admission of your inability to mount a real argument. Pretty pathetic really.


Posted by rational_1

you have nothing compelling to say or ad.... you simply duplicate.....very sad for a person who claims academic intelligence and is in a position to teach.... you have much to learn.
Reply to this comment
by garbosmed February 13, 2009 2:55 AM EST
And the financial news:
From TradeTheNews.com: "Merck & Co Inc Update: FDA reports a death after vaccination with Rotateq - death from intussusception (bowel obstruction) will be added to prescribing information for doctors.

In additional news, the FDA has sent a letter to Merck ordering the company to clean up violations at its PA vaccine plant: The nine-page warning letter gives Merck 15 days to tell the FDA how it will correct the violations. Otherwise, the FDA says it could suspend the plant''s manufacturing license and seize products."

These are the folks you are defending here.
Reply to this comment
by garbosmed February 13, 2009 2:53 AM EST
Yes, actually, I do know what intussusception is. In fact, here''s some info from the FDA''s website:

"In 1998, FDA approved a different live vaccine against rotavirus that was later withdrawn from the market because of its association with an increased risk of intussusception, a rare, life-threatening type of blockage or twisting of the intestine. Intussusception occurs spontaneously in approximately 1 in 2,000 healthy young infants and children per year, but occurred at an increased rate during the first week or two following vaccination with the previous rotavirus vaccine."

From the updated (2008) package insert for RotaTeq, also found at the FDA website:
"Since FDA approval, reports of infants with intussusception have been received by VAERS. Intussusception occurred days and sometimes weeks after vaccination. Some infants needed hospitalization, surgery on their intestines,or a special *** to treat this problem. Death from intussusception has occurred. Contact your doctor or go to the emergency department right away if your child has any symptoms of intussusception, even if it has been several weeks since the last vaccine dose."
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by lloydbest1 February 13, 2009 2:44 AM EST
For the curious:
Thimerosol is a organic sulphurated mercury compound, ethylmercurithiosalicylate that, as far as I can tell, has no toxic limit established. It may be relatively harmless; relatively being an operative word here. I am not in a position to accuse the medical establishment of fudging or unethical behavior but it should be noted that thimerosol breaks down into ethylmercury rather easily and we KNOW that guy IS extremely toxic.
So what I am saying is maybe the Special Masters are right; that thimerosol in vaccines may not apprecialbly increase Autism rates but that doesn''t make such vaccines safe!
As long as the risk exists that breakdown products can foul a vaccine we need to inform parents who are nervous about vaccinating their children there are alternatives that do not use mercury (or aluminum) compounds and they are available.
In no way do I defend refusal to vaccinate kids but EVEN IF there is no connection between Autism rates and thimerosol, there is no need to use a vaccine contaning it since single dose units eliminate the need and there are other, safer preservatives out there.
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