Full Text AUTISM VACCINE CASE
Posted: Wed Feb 27, 2008 8:48 am
http://www.ageofautism.com/2008/02/full ... .html#more
02/26/2008
FULL TEXT: AUTISM VACCINE CASE
JusticeIN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS
CHILD, a minor, by her Parents and Natural Guardians, MOM & DAD,
Petitioners,
v.
SECRETARY OF HEALTH AND HUMAN SERVICES,
Respondent.
RESPONDENTS RULE 4(c) REPORT
In accordance with RCFC, Appendix B, Vaccine Rule 4(c), the Secretary of
Health and
Human Services submits the following response to the petition for
compensation filed in this
case.
FACTS
CHILD (CHILD) was born on December --, 1998, and weighed eight pounds,
ten ounces. Petitioners Exhibit (Pet. Ex.) 54 at 13. The pregnancy was
complicated by gestational diabetes. Id. at 13. CHILD received her first
Hepatitis B immunization on December 27, 1998. Pet. Ex. 31 at 2.
From January 26, 1999 through June 28, 1999, CHILD visited the Pediatric
Center, in Catonsville, Maryland, for well-child examinations and minor
complaints, including fever and eczema. Pet. Ex. 31 at 5-10, 19. During
this time period, she received the following pediatric vaccinations,
without incident:
Vaccine Dates Administered
Hep B 12/27/98; 1/26/99
IPV 3/12/99; 4/27/99
Hib 3/12/99; 4/27/99; 6/28/99
DTaP 3/12/99; 4/27/99; 6/28/99
Id. at 2.
At seven months of age, CHILD was diagnosed with bilateral otitis media.
Pet. Ex. 31 at 20. In the subsequent months between July 1999 and January
2000, she had frequent bouts of otitis media, which doctors treated with
multiple antibiotics. Pet. Ex. 2 at 4. On December 3,1999, CHILD was seen
by Karl Diehn, M.D., at Ear, Nose, and Throat Associates of the Greater
Baltimore Medical Center (ENT Associates). Pet. Ex. 31 at 44. Dr. Diehn
recommend that CHILD receive PE tubes for her recurrent otitis media and
serious otitis. Id. CHILD received PE tubes in January 2000. Pet. Ex. 24
at 7. Due to CHILDs otitis media, her mother did not allow CHILD to
receive the standard 12 and 15 month childhood immunizations. Pet. Ex. 2 at 4.
According to the medical records, CHILD consistently met her developmental
milestones during the first eighteen months of her life. The record of an
October 5, 1999 visit to the Pediatric Center notes that CHILD was
mimicking sounds, crawling, and sitting. Pet. Ex. 31 at 9. The record of
her 12-month pediatric examination notes that she was using the words Mom
and Dad, pulling herself up, and cruising. Id. at 10.
At a July 19, 2000 pediatric visit, the pediatrician observed that CHILD
spoke well and was alert and active. Pet. Ex. 31 at 11. CHILDs mother
reported that CHILD had regular bowel movements and slept through the
night. Id. At the July 19, 2000 examination, CHILD received five
vaccinations DTaP, Hib, MMR, Varivax, and IPV. Id. at 2, 11.
According to her mothers affidavit, CHILD developed a fever of 102.3
degrees two days after her immunizations and was lethargic, irritable, and
cried for long periods of time. Pet. Ex. 2 at 6. She exhibited
intermittent, high-pitched screaming and a decreased response to stimuli.
Id. MOM spoke with the pediatrician, who told her that CHILD was having a
normal reaction to her immunizations. Id. According to CHILDs mother, this
behavior continued over the next ten days, and CHILD also began to arch her
back when she cried. Id.
On July 31, 2000, CHILD presented to the Pediatric Center with a 101-102
degree temperature, a diminished appetite, and small red dots on her chest.
Pet. Ex. 31 at 28. The nurse practitioner recorded that CHILD was extremely
irritable and inconsolable. Id. She was diagnosed with a post-varicella
vaccination rash. Id. at 29.
Two months later, on September 26, 2000, CHILD returned to the Pediatric
Center with a temperature of 102 degrees, diarrhea, nasal discharge, a
reduced appetite, and pulling at her left ear. Id. at 29. Two days later,
on September 28, 2000, CHILD was again seen at the Pediatric Center because
her diarrhea continued, she was congested, and her mother reported that
CHILD was crying during urination. Id. at 32. On November 1, 2000, CHILD
received bilateral PE tubes. Id. at 38. On November 13, 2000, a physician
at ENT Associates noted that CHILD was obviously hearing better and her
audiogram was normal. Id. at 38. On November 27, 2000, CHILD was seen at
the Pediatric Center with complaints of diarrhea, vomiting, diminished
energy, fever, and a rash on her cheek. Id. at 33. At a follow-up visit, on
December 14, 2000, the doctor noted that CHILD had a possible speech delay.
Id.
CHILD was evaluated at the Howard County Infants and Toddlers Program, on
November 17, 2000, and November 28, 2000, due to concerns about her
language development. Pet. Ex. 19 at 2, 7. The assessment team observed
deficits in CHILDs communication and social development. Id. at 6. CHILDs
mother reported that CHILD had become less responsive to verbal direction
in the previous four months and had lost some language skills. Id. At 2.
On December 21, 2000, CHILD returned to ENT Associates because of an
obstruction in her right ear and fussiness. Pet. Ex. 31 at 39. Dr. Grace
Matesic identified a middle ear effusion and recorded that CHILD was having
some balance issues and not progressing with her speech. Id. On December
27, 2000, CHILD visited ENT Associates, where Dr. Grace Matesic observed
that CHILDs left PE tube was obstructed with crust. Pet. Ex. 14 at 6. The
tube was replaced on January 17, 2001. Id.
Dr. Andrew Zimmerman, a pediatric neurologist, evaluated CHILD at the
Kennedy Krieger Childrens Hospital Neurology Clinic (Krieger Institute),
on February 8, 2001. Pet. Ex. 25 at 1. Dr. Zimmerman reported that after
CHILDs immunizations of July 19, 2000, an encephalopathy progressed to
persistent loss of previously acquired language, eye contact, and
relatedness. Id. He noted a disruption in CHILDs sleep patterns,
persistent screaming and arching, the development of pica to foreign
objects, and loose stools. Id. Dr. Zimmerman observed that CHILD watched
the fluorescent lights repeatedly during the examination and would not make
eye contact. Id. He diagnosed CHILD with regressive encephalopathy with
features consistent with an autistic spectrum disorder, following normal
development. Id. At 2. Dr. Zimmerman ordered genetic testing, a magnetic
resonance imaging test (MRI), and an electroencephalogram (EEG). Id.
Dr. Zimmerman referred CHILD to the Krieger Institutes Occupational
Therapy Clinic and the Center for Autism and Related Disorders (CARDS).
Pet. Ex. 25 at 40. She was evaluated at the Occupational Therapy Clinic by
Stacey Merenstein, OTR/L, on February 23, 2001. Id. The evaluation report
summarized that CHILD had deficits in many areas of sensory processing
which decrease[d] her ability to interpret sensory input and influence[d]
her motor performance as a result. Id. at 45. CHILD was evaluated by Alice
Kau and Kelley Duff, on May 16, 2001, at CARDS. Pet. Ex. 25 at 17. The
clinicians concluded that CHILD was developmentally delayed and
demonstrated features of autistic disorder. Id. at 22.
CHILD returned to Dr. Zimmerman, on May 17, 2001, for a follow-up
consultation. Pet. Ex. 25 at 4. An overnight EEG, performed on April 6,
2001, showed no seizure discharges. Id. at 16. An MRI, performed on March
14, 2001, was normal. Pet. Ex. 24 at 16. A G-band test revealed a normal
karyotype. Pet. Ex. 25 at 16. Laboratory studies, however, strongly
indicated an underlying mitochondrial disorder. Id. at 4.
Dr. Zimmerman referred CHILD for a neurogenetics consultation to evaluate
her abnormal metabolic test results. Pet. Ex. 25 at 8. CHILD met with Dr.
Richard Kelley, a specialist in neurogenetics, on May 22, 2001, at the
Krieger Institute. Id. In his assessment, Dr. Kelley affirmed that CHILDs
history and lab results were consistent with an etiologically unexplained
metabolic disorder that appear[ed] to be a common cause of developmental
regression. Id. at 7. He continued to note that children with biochemical
profiles similar to CHILDs develop normally until sometime between the
first and second year of life when their metabolic pattern becomes
apparent, at which time they developmentally regress. Id. Dr. Kelley
described this condition as mitochondrial PPD. Id.
On October 4, 2001, Dr. John Schoffner, at Horizon Molecular Medicine in
Norcross, Georgia, examined CHILD to assess whether her clinical
manifestations were related to a defect in cellular energetics. Pet. Ex. 16
at 26. After reviewing her history, Dr. Schoffner agreed that the previous
metabolic testing was suggestive of a defect in cellular energetics. Id.
Dr. Schoffner recommended a muscle biopsy, genetic testing, metabolic
testing, and cell culture based testing. Id. at 36. A CSF organic acids
test, on January 8, 2002, displayed an increased lactate to pyruvate ratio
of 28,1 which can be seen in disorders of mitochondrial oxidative
phosphorylation. Id. at 22. A muscle biopsy test for oxidative
phosphorylation disease revealed abnormal results for Type One and Three.
Id. at 3. The most prominent findings were scattered atrophic myofibers
that were mostly type one oxidative phosphorylation dependent myofibers,
mild increase in lipid in selected myofibers, and occasional myofiber with
reduced cytochrome c oxidase activity. Id. at 7. After reviewing these
laboratory results, Dr. Schoffner diagnosed CHILD with oxidative
phosphorylation disease. Id. at 3. In February 2004, a mitochondrial DNA
(mtDNA) point mutation analysis revealed a single nucleotide change in
the 16S ribosomal RNA gene (T2387C). Id. at 11.
CHILD returned to the Krieger Institute, on July 7, 2004, for a follow-up
evaluation with Dr. Zimmerman. Pet. Ex. 57 at 9. He reported CHILD had
done very well with treatment for a mitochondrial dysfunction. Dr.
Zimmerman concluded that CHILD would continue to require services in
speech, occupational, physical, and behavioral therapy. Id.
On April 14, 2006, CHILD was brought by ambulance to Athens Regional
Hospital and developed a tonic seizure en route. Pet. Ex. 10 at 38. An EEG
showed diffuse slowing. Id. At 40. She was diagnosed with having
experienced a prolonged complex partial seizure and transferred to Scottish
Rite Hospital. Id. at 39, 44. She experienced no more seizures while at
Scottish Rite Hospital and was discharged on the medications Trileptal and
Diastal. Id. at 44. A follow-up MRI of the brain, on June 16, 2006, was
normal with evidence of a left mastoiditis manifested by distortion of the
air cells. Id. at 36. An EEG, performed on August 15, 2006, showed
rhythmic epileptiform discharges in the right temporal region and then
focal slowing during a witnessed clinical seizure. Id. At 37. CHILD
continues to suffer from a seizure disorder.
ANALYSIS
Medical personnel at the Division of Vaccine Injury Compensation,
Department of Health and Human Services (DVIC) have reviewed the facts of
this case, as presented by the petition, medical records, and affidavits.
After a thorough review, DVIC has concluded that compensation is
appropriate in this case.
In sum, DVIC has concluded that the facts of this case meet the statutory
criteria for demonstrating that the vaccinations CHILD received on July 19,
2000, significantly aggravated an underlying mitochondrial disorder, which
predisposed her to deficits in cellular energy metabolism, and manifested
as a regressive encephalopathy with features of autism spectrum disorder.
Therefore, respondent recommends that compensation be awarded to
petitioners in accordance with 42 U.S.C. § 300aa-11(c)(1)(C)(ii).
DVIC has concluded that CHILDs complex partial seizure disorder, with an
onset of almost six years after her July 19, 2000 vaccinations, is not
related to a vaccine-injury.
Respectfully submitted,
PETER D. KEISLER
Assistant Attorney General
TIMOTHY P. GARREN
Director
Torts Branch, Civil Division
MARK W. ROGERS
Deputy Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Assistant Director
Torts Branch, Civil Division
s/ Linda S. Renzi by s/ Lynn E. Ricciardella
LINDA S. RENZI
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044
(202) 616-4133
DATE: November 9, 2007
in Current Affairs, Kent Heckenlively/Legal, Vaccines | Permalink
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In sum, DVIC has concluded that the facts of this case meet the statutory
criteria for demonstrating that the vaccinations CHILD received on July 19,
2000, significantly aggravated an underlying mitochondrial disorder, which
predisposed her to deficits in cellular energy metabolism, and manifested
as a regressive encephalopathy with features of autism spectrum disorder.
Therefore, respondent recommends that compensation be awarded to
petitioners in accordance with 42 U.S.C. § 300aa-11(c)(1)(C)(ii).
Mitochondria are sometimes described as "cellular power plants" because
they generate most of the cell's supply of adenosine triphosphate (ATP),
used as a source of chemical energy.
Watch Mercury disrupt the generation of ATP.
http://commons.ucalgary.ca/mercury/
"Underlying mitochondrial disorder"? Are they &^%$ing kidding?
Posted by: Kevin Barry | 02/26/2008 at 02:59 PM
When and where was this child actually diagnosed with autism? I only see
"autistic features" which most certainly is not the same as a diagnosis of
Autism. It appears this child has "regressive encephalopathy with features
consistent with an autistic spectrum disorder" due to her oxidative
phosphorylation disease. Which, obviously, is much different than most
other children who are diagnosed with Autism, without mitochondrial
disease. I think that clarification needs to be made.
I strongly disagree with the DVIC's decision here.
Posted by: S.L. | 02/26/2008 at 02:16 PM
Evidence of Pharm. In the next year, a lot of information will come forward
as parants of ASD children seek cellular energy testing for their children.
Even if it isn't the major mechanism in the toxic injury but just part of
the big picture, I suspect many children will display the same test
results. I also suspect that a systematic study of cord blood samples- if
one were ever attempted- would show that this disorder wasn't present at
birth for most.
Posted by: Gatogorra | 02/26/2008 at 01:59 PM
I wonder if I will see that storey in the new york times or wall street
journal. I wonder if Dr. Zimmerman will advise his patient about vaccination.
Posted by: The Unatutor | 02/26/2008 at 01:54 PM
"DVIC has concluded that CHILDs complex partial seizure disorder, with an
onset of almost six years after her July 19, 2000 vaccinations, is not
related to a vaccine-injury."
I wonder how the DVIC reached that particular conclusion. Did they enter
the brain of this child and specifically ask the seizure disorder this? And
did the seizure disorder reply that it in fact was a totally different
entity that had just decided upon this ailing child as a chance visitor to
have a look to see what all the hullabaloo was about? Apparently even the
seizure disorder was smart enough to know that a healthy child would not
welcome it. You evidently need to be smarter than the disease to banish it
to Perdition.
Posted by: Gayatri | 02/26/2008 at 01:17 PM
I know I am speaking for many when I say that it is so hard to read this
entire description of what happened to this child.
As we all know, we have heard this story hundreds, if not thousands of
times before.
A court of law has an interesting way of shaking the truth out of people.
Unlike a publication or an IOM committee, the court tends to lay you bare
to defending yourself against the facts. Make no mistake, this concession
was not done lightly. HHS knew they had no case, and they moved on.
While our press has not awoken to this story yet, make no mistake that this
is the single largest bombshell in the history of the vaccine-autism fight.
JB
Posted by: JB Handley | 02/26/2008 at 12:48 PM
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--------------------------------------------------------
Sheri Nakken, former R.N., MA, Hahnemannian Homeopath
Vaccination Information & Choice Network, Nevada City CA & Wales UK
Vaccines - http://www.wellwithin1.com/vaccine.htm Vaccine Dangers &
Childhood Disease & Homeopathy Email classes start in March
----------------------------------------------------------------------
Sheri Nakken, former R.N., MA, Hahnemannian Homeopath
Well Within & Earth Mysteries & Sacred Site Tours (worldwide)
Vaccination Information & Choice Network (new website)
http://www.wellwithin1.com/vaccine.htm
http://www.wellwithin1.com/homeo.htm
homeopathycures@tesco.net
ONLINE/Email classes in Introduction to Homeopathy Classes; Vaccine
Dangers; Childhood Disease: Risk, Reality & Alternative Treatment
Next classes start March 12 & 13
Voicemail US 530-740-0561 UK phone from US 011-44-1874-624-936
02/26/2008
FULL TEXT: AUTISM VACCINE CASE
JusticeIN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS
CHILD, a minor, by her Parents and Natural Guardians, MOM & DAD,
Petitioners,
v.
SECRETARY OF HEALTH AND HUMAN SERVICES,
Respondent.
RESPONDENTS RULE 4(c) REPORT
In accordance with RCFC, Appendix B, Vaccine Rule 4(c), the Secretary of
Health and
Human Services submits the following response to the petition for
compensation filed in this
case.
FACTS
CHILD (CHILD) was born on December --, 1998, and weighed eight pounds,
ten ounces. Petitioners Exhibit (Pet. Ex.) 54 at 13. The pregnancy was
complicated by gestational diabetes. Id. at 13. CHILD received her first
Hepatitis B immunization on December 27, 1998. Pet. Ex. 31 at 2.
From January 26, 1999 through June 28, 1999, CHILD visited the Pediatric
Center, in Catonsville, Maryland, for well-child examinations and minor
complaints, including fever and eczema. Pet. Ex. 31 at 5-10, 19. During
this time period, she received the following pediatric vaccinations,
without incident:
Vaccine Dates Administered
Hep B 12/27/98; 1/26/99
IPV 3/12/99; 4/27/99
Hib 3/12/99; 4/27/99; 6/28/99
DTaP 3/12/99; 4/27/99; 6/28/99
Id. at 2.
At seven months of age, CHILD was diagnosed with bilateral otitis media.
Pet. Ex. 31 at 20. In the subsequent months between July 1999 and January
2000, she had frequent bouts of otitis media, which doctors treated with
multiple antibiotics. Pet. Ex. 2 at 4. On December 3,1999, CHILD was seen
by Karl Diehn, M.D., at Ear, Nose, and Throat Associates of the Greater
Baltimore Medical Center (ENT Associates). Pet. Ex. 31 at 44. Dr. Diehn
recommend that CHILD receive PE tubes for her recurrent otitis media and
serious otitis. Id. CHILD received PE tubes in January 2000. Pet. Ex. 24
at 7. Due to CHILDs otitis media, her mother did not allow CHILD to
receive the standard 12 and 15 month childhood immunizations. Pet. Ex. 2 at 4.
According to the medical records, CHILD consistently met her developmental
milestones during the first eighteen months of her life. The record of an
October 5, 1999 visit to the Pediatric Center notes that CHILD was
mimicking sounds, crawling, and sitting. Pet. Ex. 31 at 9. The record of
her 12-month pediatric examination notes that she was using the words Mom
and Dad, pulling herself up, and cruising. Id. at 10.
At a July 19, 2000 pediatric visit, the pediatrician observed that CHILD
spoke well and was alert and active. Pet. Ex. 31 at 11. CHILDs mother
reported that CHILD had regular bowel movements and slept through the
night. Id. At the July 19, 2000 examination, CHILD received five
vaccinations DTaP, Hib, MMR, Varivax, and IPV. Id. at 2, 11.
According to her mothers affidavit, CHILD developed a fever of 102.3
degrees two days after her immunizations and was lethargic, irritable, and
cried for long periods of time. Pet. Ex. 2 at 6. She exhibited
intermittent, high-pitched screaming and a decreased response to stimuli.
Id. MOM spoke with the pediatrician, who told her that CHILD was having a
normal reaction to her immunizations. Id. According to CHILDs mother, this
behavior continued over the next ten days, and CHILD also began to arch her
back when she cried. Id.
On July 31, 2000, CHILD presented to the Pediatric Center with a 101-102
degree temperature, a diminished appetite, and small red dots on her chest.
Pet. Ex. 31 at 28. The nurse practitioner recorded that CHILD was extremely
irritable and inconsolable. Id. She was diagnosed with a post-varicella
vaccination rash. Id. at 29.
Two months later, on September 26, 2000, CHILD returned to the Pediatric
Center with a temperature of 102 degrees, diarrhea, nasal discharge, a
reduced appetite, and pulling at her left ear. Id. at 29. Two days later,
on September 28, 2000, CHILD was again seen at the Pediatric Center because
her diarrhea continued, she was congested, and her mother reported that
CHILD was crying during urination. Id. at 32. On November 1, 2000, CHILD
received bilateral PE tubes. Id. at 38. On November 13, 2000, a physician
at ENT Associates noted that CHILD was obviously hearing better and her
audiogram was normal. Id. at 38. On November 27, 2000, CHILD was seen at
the Pediatric Center with complaints of diarrhea, vomiting, diminished
energy, fever, and a rash on her cheek. Id. at 33. At a follow-up visit, on
December 14, 2000, the doctor noted that CHILD had a possible speech delay.
Id.
CHILD was evaluated at the Howard County Infants and Toddlers Program, on
November 17, 2000, and November 28, 2000, due to concerns about her
language development. Pet. Ex. 19 at 2, 7. The assessment team observed
deficits in CHILDs communication and social development. Id. at 6. CHILDs
mother reported that CHILD had become less responsive to verbal direction
in the previous four months and had lost some language skills. Id. At 2.
On December 21, 2000, CHILD returned to ENT Associates because of an
obstruction in her right ear and fussiness. Pet. Ex. 31 at 39. Dr. Grace
Matesic identified a middle ear effusion and recorded that CHILD was having
some balance issues and not progressing with her speech. Id. On December
27, 2000, CHILD visited ENT Associates, where Dr. Grace Matesic observed
that CHILDs left PE tube was obstructed with crust. Pet. Ex. 14 at 6. The
tube was replaced on January 17, 2001. Id.
Dr. Andrew Zimmerman, a pediatric neurologist, evaluated CHILD at the
Kennedy Krieger Childrens Hospital Neurology Clinic (Krieger Institute),
on February 8, 2001. Pet. Ex. 25 at 1. Dr. Zimmerman reported that after
CHILDs immunizations of July 19, 2000, an encephalopathy progressed to
persistent loss of previously acquired language, eye contact, and
relatedness. Id. He noted a disruption in CHILDs sleep patterns,
persistent screaming and arching, the development of pica to foreign
objects, and loose stools. Id. Dr. Zimmerman observed that CHILD watched
the fluorescent lights repeatedly during the examination and would not make
eye contact. Id. He diagnosed CHILD with regressive encephalopathy with
features consistent with an autistic spectrum disorder, following normal
development. Id. At 2. Dr. Zimmerman ordered genetic testing, a magnetic
resonance imaging test (MRI), and an electroencephalogram (EEG). Id.
Dr. Zimmerman referred CHILD to the Krieger Institutes Occupational
Therapy Clinic and the Center for Autism and Related Disorders (CARDS).
Pet. Ex. 25 at 40. She was evaluated at the Occupational Therapy Clinic by
Stacey Merenstein, OTR/L, on February 23, 2001. Id. The evaluation report
summarized that CHILD had deficits in many areas of sensory processing
which decrease[d] her ability to interpret sensory input and influence[d]
her motor performance as a result. Id. at 45. CHILD was evaluated by Alice
Kau and Kelley Duff, on May 16, 2001, at CARDS. Pet. Ex. 25 at 17. The
clinicians concluded that CHILD was developmentally delayed and
demonstrated features of autistic disorder. Id. at 22.
CHILD returned to Dr. Zimmerman, on May 17, 2001, for a follow-up
consultation. Pet. Ex. 25 at 4. An overnight EEG, performed on April 6,
2001, showed no seizure discharges. Id. at 16. An MRI, performed on March
14, 2001, was normal. Pet. Ex. 24 at 16. A G-band test revealed a normal
karyotype. Pet. Ex. 25 at 16. Laboratory studies, however, strongly
indicated an underlying mitochondrial disorder. Id. at 4.
Dr. Zimmerman referred CHILD for a neurogenetics consultation to evaluate
her abnormal metabolic test results. Pet. Ex. 25 at 8. CHILD met with Dr.
Richard Kelley, a specialist in neurogenetics, on May 22, 2001, at the
Krieger Institute. Id. In his assessment, Dr. Kelley affirmed that CHILDs
history and lab results were consistent with an etiologically unexplained
metabolic disorder that appear[ed] to be a common cause of developmental
regression. Id. at 7. He continued to note that children with biochemical
profiles similar to CHILDs develop normally until sometime between the
first and second year of life when their metabolic pattern becomes
apparent, at which time they developmentally regress. Id. Dr. Kelley
described this condition as mitochondrial PPD. Id.
On October 4, 2001, Dr. John Schoffner, at Horizon Molecular Medicine in
Norcross, Georgia, examined CHILD to assess whether her clinical
manifestations were related to a defect in cellular energetics. Pet. Ex. 16
at 26. After reviewing her history, Dr. Schoffner agreed that the previous
metabolic testing was suggestive of a defect in cellular energetics. Id.
Dr. Schoffner recommended a muscle biopsy, genetic testing, metabolic
testing, and cell culture based testing. Id. at 36. A CSF organic acids
test, on January 8, 2002, displayed an increased lactate to pyruvate ratio
of 28,1 which can be seen in disorders of mitochondrial oxidative
phosphorylation. Id. at 22. A muscle biopsy test for oxidative
phosphorylation disease revealed abnormal results for Type One and Three.
Id. at 3. The most prominent findings were scattered atrophic myofibers
that were mostly type one oxidative phosphorylation dependent myofibers,
mild increase in lipid in selected myofibers, and occasional myofiber with
reduced cytochrome c oxidase activity. Id. at 7. After reviewing these
laboratory results, Dr. Schoffner diagnosed CHILD with oxidative
phosphorylation disease. Id. at 3. In February 2004, a mitochondrial DNA
(mtDNA) point mutation analysis revealed a single nucleotide change in
the 16S ribosomal RNA gene (T2387C). Id. at 11.
CHILD returned to the Krieger Institute, on July 7, 2004, for a follow-up
evaluation with Dr. Zimmerman. Pet. Ex. 57 at 9. He reported CHILD had
done very well with treatment for a mitochondrial dysfunction. Dr.
Zimmerman concluded that CHILD would continue to require services in
speech, occupational, physical, and behavioral therapy. Id.
On April 14, 2006, CHILD was brought by ambulance to Athens Regional
Hospital and developed a tonic seizure en route. Pet. Ex. 10 at 38. An EEG
showed diffuse slowing. Id. At 40. She was diagnosed with having
experienced a prolonged complex partial seizure and transferred to Scottish
Rite Hospital. Id. at 39, 44. She experienced no more seizures while at
Scottish Rite Hospital and was discharged on the medications Trileptal and
Diastal. Id. at 44. A follow-up MRI of the brain, on June 16, 2006, was
normal with evidence of a left mastoiditis manifested by distortion of the
air cells. Id. at 36. An EEG, performed on August 15, 2006, showed
rhythmic epileptiform discharges in the right temporal region and then
focal slowing during a witnessed clinical seizure. Id. At 37. CHILD
continues to suffer from a seizure disorder.
ANALYSIS
Medical personnel at the Division of Vaccine Injury Compensation,
Department of Health and Human Services (DVIC) have reviewed the facts of
this case, as presented by the petition, medical records, and affidavits.
After a thorough review, DVIC has concluded that compensation is
appropriate in this case.
In sum, DVIC has concluded that the facts of this case meet the statutory
criteria for demonstrating that the vaccinations CHILD received on July 19,
2000, significantly aggravated an underlying mitochondrial disorder, which
predisposed her to deficits in cellular energy metabolism, and manifested
as a regressive encephalopathy with features of autism spectrum disorder.
Therefore, respondent recommends that compensation be awarded to
petitioners in accordance with 42 U.S.C. § 300aa-11(c)(1)(C)(ii).
DVIC has concluded that CHILDs complex partial seizure disorder, with an
onset of almost six years after her July 19, 2000 vaccinations, is not
related to a vaccine-injury.
Respectfully submitted,
PETER D. KEISLER
Assistant Attorney General
TIMOTHY P. GARREN
Director
Torts Branch, Civil Division
MARK W. ROGERS
Deputy Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Assistant Director
Torts Branch, Civil Division
s/ Linda S. Renzi by s/ Lynn E. Ricciardella
LINDA S. RENZI
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044
(202) 616-4133
DATE: November 9, 2007
in Current Affairs, Kent Heckenlively/Legal, Vaccines | Permalink
Digg This | Save to del.icio.us
TrackBack
TrackBack URL for this entry:
http://www.typepad.com/t/trackback/2465202/26542288
Listed below are links to weblogs that reference FULL TEXT: AUTISM VACCINE
CASE:
Comments
In sum, DVIC has concluded that the facts of this case meet the statutory
criteria for demonstrating that the vaccinations CHILD received on July 19,
2000, significantly aggravated an underlying mitochondrial disorder, which
predisposed her to deficits in cellular energy metabolism, and manifested
as a regressive encephalopathy with features of autism spectrum disorder.
Therefore, respondent recommends that compensation be awarded to
petitioners in accordance with 42 U.S.C. § 300aa-11(c)(1)(C)(ii).
Mitochondria are sometimes described as "cellular power plants" because
they generate most of the cell's supply of adenosine triphosphate (ATP),
used as a source of chemical energy.
Watch Mercury disrupt the generation of ATP.
http://commons.ucalgary.ca/mercury/
"Underlying mitochondrial disorder"? Are they &^%$ing kidding?
Posted by: Kevin Barry | 02/26/2008 at 02:59 PM
When and where was this child actually diagnosed with autism? I only see
"autistic features" which most certainly is not the same as a diagnosis of
Autism. It appears this child has "regressive encephalopathy with features
consistent with an autistic spectrum disorder" due to her oxidative
phosphorylation disease. Which, obviously, is much different than most
other children who are diagnosed with Autism, without mitochondrial
disease. I think that clarification needs to be made.
I strongly disagree with the DVIC's decision here.
Posted by: S.L. | 02/26/2008 at 02:16 PM
Evidence of Pharm. In the next year, a lot of information will come forward
as parants of ASD children seek cellular energy testing for their children.
Even if it isn't the major mechanism in the toxic injury but just part of
the big picture, I suspect many children will display the same test
results. I also suspect that a systematic study of cord blood samples- if
one were ever attempted- would show that this disorder wasn't present at
birth for most.
Posted by: Gatogorra | 02/26/2008 at 01:59 PM
I wonder if I will see that storey in the new york times or wall street
journal. I wonder if Dr. Zimmerman will advise his patient about vaccination.
Posted by: The Unatutor | 02/26/2008 at 01:54 PM
"DVIC has concluded that CHILDs complex partial seizure disorder, with an
onset of almost six years after her July 19, 2000 vaccinations, is not
related to a vaccine-injury."
I wonder how the DVIC reached that particular conclusion. Did they enter
the brain of this child and specifically ask the seizure disorder this? And
did the seizure disorder reply that it in fact was a totally different
entity that had just decided upon this ailing child as a chance visitor to
have a look to see what all the hullabaloo was about? Apparently even the
seizure disorder was smart enough to know that a healthy child would not
welcome it. You evidently need to be smarter than the disease to banish it
to Perdition.
Posted by: Gayatri | 02/26/2008 at 01:17 PM
I know I am speaking for many when I say that it is so hard to read this
entire description of what happened to this child.
As we all know, we have heard this story hundreds, if not thousands of
times before.
A court of law has an interesting way of shaking the truth out of people.
Unlike a publication or an IOM committee, the court tends to lay you bare
to defending yourself against the facts. Make no mistake, this concession
was not done lightly. HHS knew they had no case, and they moved on.
While our press has not awoken to this story yet, make no mistake that this
is the single largest bombshell in the history of the vaccine-autism fight.
JB
Posted by: JB Handley | 02/26/2008 at 12:48 PM
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