February 2009 - Denial of Vaccine/Autism Link Court Cases
Posted: Mon Sep 21, 2009 9:08 pm
this is being challenged
February 2009 - Denial of Vaccine/Autism Link Court Cases
They ruled against all of the families.
ftp://autism.uscfc.uscourts.gov/autism/ ... edillo.pdf
http://www.uscfc.uscourts.gov/node/5026
**********
Court says measles vaccine not to blame for autism
By Kevin Freking. http://is.gd/jiGO
http://www.google.com/hostednews/ap/art ... wD96A47MO2
WASHINGTON (AP) A special vaccine court ruled against parents with autistic children Thursday, saying that vaccines are not to blame for their children's neurological disorder.
The judges in the cases said the evidence was overwhelmingly contrary to the parents' claims and backed years of science that found no risk.
"It was abundantly clear that petitioners' theories of causation were speculative and unpersuasive," the court concluded in one of a trio of cases ruled on Thursday.
The ruling, which was anxiously awaited by health authorities, was a blow to families who have filed more than 5,000 claims for compensation through the government's Vaccine Injury Compensation Program. The claims are reviewed by special masters serving on the U.S. Court of Claims.
To win, the families' attorneys had to show that it was more likely than not that the autism symptoms in the children were directly related to a combination of the measles-mumps-rubella shots and other shots that at the time carried a mercury-containing preservative called thimerosal.
But the court concluded that "the weight of scientific research and authority" was "simply more persuasive on nearly every point in contention."
The court still has to rule on separate claims from other families who contend that rather than a specific vaccine combination, the lone culprit could be thimserosal, a preservative that is no longer in most routine children's vaccines. But in Thursday's rulings, the court may have sent a signal on those cases, too:
"The petitioners have failed to demonstrate that thimerosal-containing vaccines can contribute to causing immune dysfunction," a judge wrote about one theory that the families proposed to explain how autism might be linked.
In 2001, parents began filing petitions for compensation through the vaccine compensation program. In all, more than 5,300 claims were eventually filed alleging that vaccines caused autism or autism-like symptoms.
The petitioners originally sought to present three different theories of how vaccines could cause autism. For each theory, there were to be three test cases.
***********
http://www.ageofautism.com/2009/02/the- ... .html#more
February 13, 2009
The Cedillo Decision
By Kent Heckenlively, Esq.
I'd thought that even if the case went against us that I'd be able to understand the court's opinion. After all, we know how incredibly well-funded the pharmaceutical companies are and the positive research they can generate. It can be difficult for a person who does not live our lives to understand what we have witnessed, and the holocaust we see in this current generation of children.
But I must say that Special Master George Hastings will forever occupy a special place in history for those who lack intellectual curiosity.
In the decision he concedes there was a period of apparently normal development, notes that Michelle Cedillo has suffered from severe gastro-intestinal problems, and that her fever and rash were contemporaneous to and probably linked to her MMR shot. He also acknowledges that the amount of medical literature in this case was staggering.
I find it incompatible that at one place he can state there is probably not a reliable method for testing whether there is a persisting measles virus infection and the go onto say that the measles virus theory is so out of the realm of possibility that its promotion by physicians is tantamount to being misled. It's one thing to claim that something cannot be reliably found with existing technology, but another to say that even if found, it wouldn't be important. How can one know? Especially when in the next sentence he goes on to reference the case of an eleven-year-old contracting a herpes virus and becoming autistic. The person of merit is one who struggles to find an answer, not one who closes off all inquiry.
I also find his stance regarding thimerosal to be puzzling. While he acknowledges the dangers of mercury, and that in-vitro studies have found damage similar to that which was alleged by petitioners, he doesn't think that rises to the level of even questioning whether something similar might be happening in human beings.
On the issue of the well-documented condition of acrodynia, caused by the mercury in teething powders used up until the 1950s, he also comes down unaccountably on the side of the government. The truth is that there is currently no answer to the question of whether those who suffered from it did so because they got a high amount of mercury, or whether they were unable to remove the mercury from their bodies. However, he comes down squarely on the side of it being because of the mercury dosage, rather than any difficulty their bodies have in excreting it.
Following along with Hastings' complete lack of intellectual curiosity is how he explains the gastro-intestinal problems of Michelle Cedillo. Despite abundant evidence of poor digestive function, he seems uninterested in suggestive findings from endoscopy and viral examinations.
In his closing remarks he notes that the decision was not even close, and that the Cedillos have been misled by physicians who saw an opportunity to take advantage of a family who thought their child had been injured by a vaccine.
As much as those of who have children with autism and choose to help them are under great stress, I just viscerally respond to this attack against those physicians who are doing their best to help our children. They choose to enter this fight, knowing they will be attacked, but strengthened by the conviction they can help some of our children. To many of them, we owe our children's future. And when they have not been able to find the answer, they continue to fight.
It is apparent to anybody who looks at this unfolding tragedy that the pharmaceutical companies have no interest in helping us, the medical universities and research facilities can offer us no help, and now we know we have no friends in the vaccine court.
I cannot recall a time when I have felt so disillusioned. My only hope is that there have been those people sitting on the sidelines, knowing we are right, but unwilling to offer their voice, or share what they might know. If such people do not come forward, it will continue to be a long road for us.
But have no doubt that we will continue this fight.
Kent Heckenlively is Legal Editor for Age of Autism.
************
Here's what TACA (Talk About Curing Autism) has to say:
"The decision said that there was not enough science at the time of the trial to back up the claim that vaccines were the causation of autism theory. The science may be there at some point, hopefully sooner rather than later. The Cedillo, Snyder and Hazelhurst cases will be appealed and looked at again. After all, if the government can not definitively tell us the cause autism, they can not tell us what doesn't cause autism either. This fight is not over."
http://www.tacanow.org/medical/first-au ... tm#anchor2
First Autism Omnibus Court Cases Decided
Statement prepared by: Rebecca Estepp
Contact # (949) 640-4401
February 12, 2009
What happened February 12, 2009 in Washington, DC?
More than a year-and-a-half has passed since the first Autism Omnibus Proceeding test case was heard to address claims of vaccine injury filed by parents of children with autism. Families who believe their children's autism was caused by vaccines have anticipated this day for a long time. Today we have the first three verdicts. To date, more than 5,300 claims have been filed in the program with the cases still waiting to be heard.
What were the verdicts?
Today we learned yet another government system has failed the families affected by autism. All three cases: Cedillo, Hazelhurst, and Synder were ruled against the families and they were found not entitled to a program award for their children for the vaccine autism link.
Who are the Cedillo, Synder and Hazelhurst families?
Michelle Cedillo is a 14-year-old girl who developed autism after her MMR shot at 15 months of age. She was the first-ever Omnibus Autism test case in June 2007. The first day of Michelle's Omnibus case created a media frenzy. Twelve-year-old Colten Snyder and 9-year-old Yates Hazelhurst were the second and third Omnibus cases tried in November of 2007. Similar to Michelle Cedillo, these two boys also regressed into autism as toddlers after their routine pediatric vaccines. To date, six test cases have been tried in the Autism Omnibus Proceedings.
TACA would like to take this time to recognize the extreme courage of the Cedillo, Snyder and Hazelhurst families. These families blazed the legal trail for children with autism in the Omnibus Autism Program. These brave families and their children are our heroes.
How do these cases relate to Hannah Poling's Omnibus Case?
Hannah Poling's case was conceded by the U.S. government in November 2007. A concession is very different from a decision made by the court. In Hannah's case, the Department of Health and Human Services advised the Department of Justice not try her case and to compensate Hannah for the injuries incurred after her vaccinations. The public did not find out about the concession until journalist David Kirby wrote about it in the Huffington Post on February 25, 2008 . In a sense, Hannah was the first autism/vaccine injury case on record to be reconciled even though her case did not go to trial.
We have many questions as to why the government would concede this case before trial and rule against others that had similar evidence.
For more information on Hannah's case - please see these links:
* Hannah Poling Case - Significance for Families
* Hannah Poling Concession Analysis
What is the Omnibus Autism Program?
The National Childhood Vaccine Injury Act of 1986 (Public Law 99-660) created the National Vaccine Injury Compensation Program (VICP) in 1988. The VICP was created to ensure there was an adequate supply of vaccines and stabilize vaccine costs. Prior to this Act, there were only a handful of drug companies who produced vaccines. These companies had suffered huge losses in civil court over vaccine injuries. The drug companies lobbied for protection and the Act was passed.
A responsibility of the VICP was to establish and maintain an accessible and timely venue for individuals found to be injured by vaccines. The VICP was developed to be a no-fault alternative to the traditional tort system for resolving vaccine injury claims that provides compensation to people found to be injured by certain vaccines. The U. S. Court of Federal Claims decides these claims in court commonly referred to as vaccine court. Damages are paid to individuals from a fund that government maintains. Drug companies can no longer be sued a civil court of law until the claim has gone through the VICP. For more information go to: http://www.hrsa.gov/Vaccinecompensation/
The VICP was set up for individuals that suffered an "on the table" vaccine injury. That is, an injury that happened within minutes or hours after receiving a vaccine.
Starting in 2001, parents of children with autism started filing claims with VICP. These claims were considered "off the table," meaning the vaccine injury did not occur "on the table" or at the time of injection. In July of 2002, the Special Masters (the term used for "judges" in vaccine court) established the procedure for addressing these claims and the Omnibus Autism Proceeding (OAP) was born. It was at that time that parents started flooding OAP with claims. As stated before, more than 5300 claims have been filed in the program to date.
For more information on the Omnibus cases & decision:
http://www.hrsa.gov/Vaccinecompensation ... eeding.htm
No link to Vaccines & Autism
While the press and several vocal scientists continue to quote there is no link between autism and vaccines, we encourage individuals to continue to do their own research. There appears to be a pattern in a susceptible group of children receiving adverse reactions to their vaccines leading to regressive autism.
Medical abstracts that review the link of autism and vaccine injuries including other co-morbid features often found in children affected by autism can be found at these links:
* Medical Studies About the Autism-Vaccine Link
* Autism Studies and Related Medical Conditions
Analysis of the decisions
I had the privilege of attending part of Michelle Cedillo's three week trial. I watched Michelle's baby videos in the court room along with the Special Masters. I saw a gorgeous, typical toddler regress into hideous medical problems within days of her MMR vaccine. Her illness and change after that pediatrician's visit was dramatic and very visible to those watching the case unfold. The testimony that Theresa Cedillo provided was articulate and heartbreaking. No family should have to witness these dramatic changes and new medical issues in their beloved child.
I have to think that the reason it took nineteen months for a verdict is that the decision was difficult to conclude. The burden of scientific proof in vaccine court is "more likely than not" that the vaccine caused the child harm. These Special Masters must have wrestled with their verdicts. Especially since this was new territory for these judges. Up until this point, the Special Masters were deciding cases that were "on the table injuries," which means the child reacted to their vaccination with in minutes or hours of injection.
The fact that it took this long for these three decisions has to mean that the vaccine injury evidence had some merit. Poor evidence would have produced a negative decision very quickly. Most likely what stood in the way of these decisions going to the children are:
1. Blocked access to the Vaccine Safety Data (VSD) for the attorneys of these children.
2. There was no discovery phase to trial.
3. There was no jury.
4. Parents and independent scientists do not have the resources to fund vaccine injury science outside pharmaceutical industry ties.
5. After years of pleading, the government still refuses to do the vaccinated vs. unvaccinated study health outcomes study.
The decision said that there was not enough science at the time of the trial to back up the claim that vaccines were the causation of autism theory. The science may be there at some point, hopefully sooner rather than later. The Cedillo, Snyder and Hazelhurst cases will be appealed and looked at again. After all, if the government can not definitively tell us the cause autism, they can not tell us what doesn't cause autism either. This fight is not over.
Related TACA Links for Families:
Vaccine Choices:
* Vaccine Choices
* Greening Vaccines Program
For Daily Audio Interviews about Omnibus - Cedillo cases:
Autism One Radio
For Additional Information on Omnibus Hearings
For more information go to: http://www.hrsa.gov/Vaccinecompensation/
********
http://www.ageofautism.com/
National Autism Association Response to Autism Omnibus Court Decision
Managing Editor's Note: Here is the response from our sponsor National Autism Association including a link to NAA President Wendy Fournier on ABC News 6 in Providence, Rhode Island HERE .
PARENTS AND ADVOCATES LA BEL TODAY'S VACCINE COURT RULINGS AS INSINCERE AND POLITICALLY DRIVEN, SAYS NATIONAL AUTISM ASSOCIATION
Government Conceded One Year Ago that Vaccines Caused Autism; Today's Ruling Demonstrates Backpedaling
Nixa, MO - Today's ruling in vaccine court has thousands of families outraged at the federal government's broken promise of medical care following a vaccine injury.
Last February, the government conceded that a child's vaccinations led to her autism. Today, however, the government ruled in favor of itself in three cases filed in the National Vaccine Injury Compensation Program (NVICP) claiming vaccinations led to regressive autism. Advocates say they are disappointed in today's rulings, but not surprised.
Continue reading "National Autism Association Response to Autism Omnibus Court Decision" »
in Current Affairs , Kent Heckenlively/Legal , Vaccines | Permalink | Comments (9) | TrackBack (0)
Digg This | Save to del.icio.us
February 12, 2009
SafeMinds' Response to Autism Omnibus Court Decision
Managing Editor's Note: Below is a response from our sponsor SafeMinds .
Washington, D.C. - February 12, 2009 - Autism advocacy organization SafeMinds regrets today's ruling by the U.S Court of Federal Claims against three families who argued that vaccination contributed to their child's autism. The denial of reasonable compensation to families was based on inadequate vaccine safety science available to the court. The Department of Health and Human Services (HHS) is the defendant in vaccine injury cases and is also responsible for carrying out the very vaccine safety research that should be integral to court decisions. This conflict of interest means the deck is stacked against families when they enter "vaccine court" and is yet one more reason for parents to doubt the integrity of the National Immunization Program.
"The government has its thumb on the scales of justice," said Jim Moody, director of SafeMinds and an advisor to the Petitioners Steering Committee of the U.S Federal Court of Claims. "The Vaccine Injury Compensation Act passed by Congress in 1986 gave immunity to vaccine manufacturers and removed the incentive to create safer products. Meanwhile, the law only gives the illusion that parents will have their day in court. The process is dysfunctional and many families will not see justice done."
Continue reading "SafeMinds' Response to Autism Omnibus Court Decision" »
Autism Speaks Responds to Autism Omnibus Court Decision
February 2009 - Denial of Vaccine/Autism Link Court Cases
They ruled against all of the families.
ftp://autism.uscfc.uscourts.gov/autism/ ... edillo.pdf
http://www.uscfc.uscourts.gov/node/5026
**********
Court says measles vaccine not to blame for autism
By Kevin Freking. http://is.gd/jiGO
http://www.google.com/hostednews/ap/art ... wD96A47MO2
WASHINGTON (AP) A special vaccine court ruled against parents with autistic children Thursday, saying that vaccines are not to blame for their children's neurological disorder.
The judges in the cases said the evidence was overwhelmingly contrary to the parents' claims and backed years of science that found no risk.
"It was abundantly clear that petitioners' theories of causation were speculative and unpersuasive," the court concluded in one of a trio of cases ruled on Thursday.
The ruling, which was anxiously awaited by health authorities, was a blow to families who have filed more than 5,000 claims for compensation through the government's Vaccine Injury Compensation Program. The claims are reviewed by special masters serving on the U.S. Court of Claims.
To win, the families' attorneys had to show that it was more likely than not that the autism symptoms in the children were directly related to a combination of the measles-mumps-rubella shots and other shots that at the time carried a mercury-containing preservative called thimerosal.
But the court concluded that "the weight of scientific research and authority" was "simply more persuasive on nearly every point in contention."
The court still has to rule on separate claims from other families who contend that rather than a specific vaccine combination, the lone culprit could be thimserosal, a preservative that is no longer in most routine children's vaccines. But in Thursday's rulings, the court may have sent a signal on those cases, too:
"The petitioners have failed to demonstrate that thimerosal-containing vaccines can contribute to causing immune dysfunction," a judge wrote about one theory that the families proposed to explain how autism might be linked.
In 2001, parents began filing petitions for compensation through the vaccine compensation program. In all, more than 5,300 claims were eventually filed alleging that vaccines caused autism or autism-like symptoms.
The petitioners originally sought to present three different theories of how vaccines could cause autism. For each theory, there were to be three test cases.
***********
http://www.ageofautism.com/2009/02/the- ... .html#more
February 13, 2009
The Cedillo Decision
By Kent Heckenlively, Esq.
I'd thought that even if the case went against us that I'd be able to understand the court's opinion. After all, we know how incredibly well-funded the pharmaceutical companies are and the positive research they can generate. It can be difficult for a person who does not live our lives to understand what we have witnessed, and the holocaust we see in this current generation of children.
But I must say that Special Master George Hastings will forever occupy a special place in history for those who lack intellectual curiosity.
In the decision he concedes there was a period of apparently normal development, notes that Michelle Cedillo has suffered from severe gastro-intestinal problems, and that her fever and rash were contemporaneous to and probably linked to her MMR shot. He also acknowledges that the amount of medical literature in this case was staggering.
I find it incompatible that at one place he can state there is probably not a reliable method for testing whether there is a persisting measles virus infection and the go onto say that the measles virus theory is so out of the realm of possibility that its promotion by physicians is tantamount to being misled. It's one thing to claim that something cannot be reliably found with existing technology, but another to say that even if found, it wouldn't be important. How can one know? Especially when in the next sentence he goes on to reference the case of an eleven-year-old contracting a herpes virus and becoming autistic. The person of merit is one who struggles to find an answer, not one who closes off all inquiry.
I also find his stance regarding thimerosal to be puzzling. While he acknowledges the dangers of mercury, and that in-vitro studies have found damage similar to that which was alleged by petitioners, he doesn't think that rises to the level of even questioning whether something similar might be happening in human beings.
On the issue of the well-documented condition of acrodynia, caused by the mercury in teething powders used up until the 1950s, he also comes down unaccountably on the side of the government. The truth is that there is currently no answer to the question of whether those who suffered from it did so because they got a high amount of mercury, or whether they were unable to remove the mercury from their bodies. However, he comes down squarely on the side of it being because of the mercury dosage, rather than any difficulty their bodies have in excreting it.
Following along with Hastings' complete lack of intellectual curiosity is how he explains the gastro-intestinal problems of Michelle Cedillo. Despite abundant evidence of poor digestive function, he seems uninterested in suggestive findings from endoscopy and viral examinations.
In his closing remarks he notes that the decision was not even close, and that the Cedillos have been misled by physicians who saw an opportunity to take advantage of a family who thought their child had been injured by a vaccine.
As much as those of who have children with autism and choose to help them are under great stress, I just viscerally respond to this attack against those physicians who are doing their best to help our children. They choose to enter this fight, knowing they will be attacked, but strengthened by the conviction they can help some of our children. To many of them, we owe our children's future. And when they have not been able to find the answer, they continue to fight.
It is apparent to anybody who looks at this unfolding tragedy that the pharmaceutical companies have no interest in helping us, the medical universities and research facilities can offer us no help, and now we know we have no friends in the vaccine court.
I cannot recall a time when I have felt so disillusioned. My only hope is that there have been those people sitting on the sidelines, knowing we are right, but unwilling to offer their voice, or share what they might know. If such people do not come forward, it will continue to be a long road for us.
But have no doubt that we will continue this fight.
Kent Heckenlively is Legal Editor for Age of Autism.
************
Here's what TACA (Talk About Curing Autism) has to say:
"The decision said that there was not enough science at the time of the trial to back up the claim that vaccines were the causation of autism theory. The science may be there at some point, hopefully sooner rather than later. The Cedillo, Snyder and Hazelhurst cases will be appealed and looked at again. After all, if the government can not definitively tell us the cause autism, they can not tell us what doesn't cause autism either. This fight is not over."
http://www.tacanow.org/medical/first-au ... tm#anchor2
First Autism Omnibus Court Cases Decided
Statement prepared by: Rebecca Estepp
Contact # (949) 640-4401
February 12, 2009
What happened February 12, 2009 in Washington, DC?
More than a year-and-a-half has passed since the first Autism Omnibus Proceeding test case was heard to address claims of vaccine injury filed by parents of children with autism. Families who believe their children's autism was caused by vaccines have anticipated this day for a long time. Today we have the first three verdicts. To date, more than 5,300 claims have been filed in the program with the cases still waiting to be heard.
What were the verdicts?
Today we learned yet another government system has failed the families affected by autism. All three cases: Cedillo, Hazelhurst, and Synder were ruled against the families and they were found not entitled to a program award for their children for the vaccine autism link.
Who are the Cedillo, Synder and Hazelhurst families?
Michelle Cedillo is a 14-year-old girl who developed autism after her MMR shot at 15 months of age. She was the first-ever Omnibus Autism test case in June 2007. The first day of Michelle's Omnibus case created a media frenzy. Twelve-year-old Colten Snyder and 9-year-old Yates Hazelhurst were the second and third Omnibus cases tried in November of 2007. Similar to Michelle Cedillo, these two boys also regressed into autism as toddlers after their routine pediatric vaccines. To date, six test cases have been tried in the Autism Omnibus Proceedings.
TACA would like to take this time to recognize the extreme courage of the Cedillo, Snyder and Hazelhurst families. These families blazed the legal trail for children with autism in the Omnibus Autism Program. These brave families and their children are our heroes.
How do these cases relate to Hannah Poling's Omnibus Case?
Hannah Poling's case was conceded by the U.S. government in November 2007. A concession is very different from a decision made by the court. In Hannah's case, the Department of Health and Human Services advised the Department of Justice not try her case and to compensate Hannah for the injuries incurred after her vaccinations. The public did not find out about the concession until journalist David Kirby wrote about it in the Huffington Post on February 25, 2008 . In a sense, Hannah was the first autism/vaccine injury case on record to be reconciled even though her case did not go to trial.
We have many questions as to why the government would concede this case before trial and rule against others that had similar evidence.
For more information on Hannah's case - please see these links:
* Hannah Poling Case - Significance for Families
* Hannah Poling Concession Analysis
What is the Omnibus Autism Program?
The National Childhood Vaccine Injury Act of 1986 (Public Law 99-660) created the National Vaccine Injury Compensation Program (VICP) in 1988. The VICP was created to ensure there was an adequate supply of vaccines and stabilize vaccine costs. Prior to this Act, there were only a handful of drug companies who produced vaccines. These companies had suffered huge losses in civil court over vaccine injuries. The drug companies lobbied for protection and the Act was passed.
A responsibility of the VICP was to establish and maintain an accessible and timely venue for individuals found to be injured by vaccines. The VICP was developed to be a no-fault alternative to the traditional tort system for resolving vaccine injury claims that provides compensation to people found to be injured by certain vaccines. The U. S. Court of Federal Claims decides these claims in court commonly referred to as vaccine court. Damages are paid to individuals from a fund that government maintains. Drug companies can no longer be sued a civil court of law until the claim has gone through the VICP. For more information go to: http://www.hrsa.gov/Vaccinecompensation/
The VICP was set up for individuals that suffered an "on the table" vaccine injury. That is, an injury that happened within minutes or hours after receiving a vaccine.
Starting in 2001, parents of children with autism started filing claims with VICP. These claims were considered "off the table," meaning the vaccine injury did not occur "on the table" or at the time of injection. In July of 2002, the Special Masters (the term used for "judges" in vaccine court) established the procedure for addressing these claims and the Omnibus Autism Proceeding (OAP) was born. It was at that time that parents started flooding OAP with claims. As stated before, more than 5300 claims have been filed in the program to date.
For more information on the Omnibus cases & decision:
http://www.hrsa.gov/Vaccinecompensation ... eeding.htm
No link to Vaccines & Autism
While the press and several vocal scientists continue to quote there is no link between autism and vaccines, we encourage individuals to continue to do their own research. There appears to be a pattern in a susceptible group of children receiving adverse reactions to their vaccines leading to regressive autism.
Medical abstracts that review the link of autism and vaccine injuries including other co-morbid features often found in children affected by autism can be found at these links:
* Medical Studies About the Autism-Vaccine Link
* Autism Studies and Related Medical Conditions
Analysis of the decisions
I had the privilege of attending part of Michelle Cedillo's three week trial. I watched Michelle's baby videos in the court room along with the Special Masters. I saw a gorgeous, typical toddler regress into hideous medical problems within days of her MMR vaccine. Her illness and change after that pediatrician's visit was dramatic and very visible to those watching the case unfold. The testimony that Theresa Cedillo provided was articulate and heartbreaking. No family should have to witness these dramatic changes and new medical issues in their beloved child.
I have to think that the reason it took nineteen months for a verdict is that the decision was difficult to conclude. The burden of scientific proof in vaccine court is "more likely than not" that the vaccine caused the child harm. These Special Masters must have wrestled with their verdicts. Especially since this was new territory for these judges. Up until this point, the Special Masters were deciding cases that were "on the table injuries," which means the child reacted to their vaccination with in minutes or hours of injection.
The fact that it took this long for these three decisions has to mean that the vaccine injury evidence had some merit. Poor evidence would have produced a negative decision very quickly. Most likely what stood in the way of these decisions going to the children are:
1. Blocked access to the Vaccine Safety Data (VSD) for the attorneys of these children.
2. There was no discovery phase to trial.
3. There was no jury.
4. Parents and independent scientists do not have the resources to fund vaccine injury science outside pharmaceutical industry ties.
5. After years of pleading, the government still refuses to do the vaccinated vs. unvaccinated study health outcomes study.
The decision said that there was not enough science at the time of the trial to back up the claim that vaccines were the causation of autism theory. The science may be there at some point, hopefully sooner rather than later. The Cedillo, Snyder and Hazelhurst cases will be appealed and looked at again. After all, if the government can not definitively tell us the cause autism, they can not tell us what doesn't cause autism either. This fight is not over.
Related TACA Links for Families:
Vaccine Choices:
* Vaccine Choices
* Greening Vaccines Program
For Daily Audio Interviews about Omnibus - Cedillo cases:
Autism One Radio
For Additional Information on Omnibus Hearings
For more information go to: http://www.hrsa.gov/Vaccinecompensation/
********
http://www.ageofautism.com/
National Autism Association Response to Autism Omnibus Court Decision
Managing Editor's Note: Here is the response from our sponsor National Autism Association including a link to NAA President Wendy Fournier on ABC News 6 in Providence, Rhode Island HERE .
PARENTS AND ADVOCATES LA BEL TODAY'S VACCINE COURT RULINGS AS INSINCERE AND POLITICALLY DRIVEN, SAYS NATIONAL AUTISM ASSOCIATION
Government Conceded One Year Ago that Vaccines Caused Autism; Today's Ruling Demonstrates Backpedaling
Nixa, MO - Today's ruling in vaccine court has thousands of families outraged at the federal government's broken promise of medical care following a vaccine injury.
Last February, the government conceded that a child's vaccinations led to her autism. Today, however, the government ruled in favor of itself in three cases filed in the National Vaccine Injury Compensation Program (NVICP) claiming vaccinations led to regressive autism. Advocates say they are disappointed in today's rulings, but not surprised.
Continue reading "National Autism Association Response to Autism Omnibus Court Decision" »
in Current Affairs , Kent Heckenlively/Legal , Vaccines | Permalink | Comments (9) | TrackBack (0)
Digg This | Save to del.icio.us
February 12, 2009
SafeMinds' Response to Autism Omnibus Court Decision
Managing Editor's Note: Below is a response from our sponsor SafeMinds .
Washington, D.C. - February 12, 2009 - Autism advocacy organization SafeMinds regrets today's ruling by the U.S Court of Federal Claims against three families who argued that vaccination contributed to their child's autism. The denial of reasonable compensation to families was based on inadequate vaccine safety science available to the court. The Department of Health and Human Services (HHS) is the defendant in vaccine injury cases and is also responsible for carrying out the very vaccine safety research that should be integral to court decisions. This conflict of interest means the deck is stacked against families when they enter "vaccine court" and is yet one more reason for parents to doubt the integrity of the National Immunization Program.
"The government has its thumb on the scales of justice," said Jim Moody, director of SafeMinds and an advisor to the Petitioners Steering Committee of the U.S Federal Court of Claims. "The Vaccine Injury Compensation Act passed by Congress in 1986 gave immunity to vaccine manufacturers and removed the incentive to create safer products. Meanwhile, the law only gives the illusion that parents will have their day in court. The process is dysfunctional and many families will not see justice done."
Continue reading "SafeMinds' Response to Autism Omnibus Court Decision" »
Autism Speaks Responds to Autism Omnibus Court Decision