Vaccine Court Considers Boy's Autism Cases

The autism explosion in this country is center stage in U.S. Federal Court in the second of three hearings to determine whether vaccines led to thousands of children becoming autistic.

The families of two 10-year old boys from Oregon and their attorneys are arguing that the children developed the brain disorder autism, only after receiving childhood vaccines. Before that they were developing normally.

The special court is trying to determine if there is a cause between autism and a mercury- based preservative called thimerosal, which may build up on the brains of some children unable to process it out.

Government sponsored studies find no link but that argument runs in the face of millions of parents who have observed  profound change in their child’s behavior and development following inoculations for childhood MMR or measles, mumps rubella, that may or may not have contained thimosal.  

Thimerosal was used in multi-dose vials until a phase out began in 1999 largely led by the manufacturers. Today mainstream media, including the New York Times in today’s edition, insist that “Thimerosal was removed from all routinely administered childhood vaccines by 2001.” 

That follows a recommendation by the American Academy of Pediatrics (AAP) to remove thimerosal from vaccines. But the government did not mandate the removal. Because of that, no one is certain how many thimerosal-preserved vaccines stayed on shelves.

Earlier this year when a California health department study failed to showed an expected reduction in incidents of autism, critics pointed out that a state law mandating the removal of thimerosal  didn’t go into effect until 2006. 

Lawyers for the boys and more than 5,300 other families believe whether vaccines are a cause, a complicating or environmental factor, the boys should be able to receive compensation under the National Vaccine Injury Compensation Program.  

That was set up by Congress 20 years ago to prevent litigation from crippling the vaccine industry.  The program is funded by a 75-cent tax on vaccinations and pays out in some cases $1 million.

It does not lay fault but helps compensate parents for the cost of raising special needs children, now estimated to be 1 in 150 in this country with autism or the related disorder Asperger’s syndrome.

On Monday the court began listening to the autism cases of the 10-year-old boys, William Mead and Jordan King, both of Portland, Oregon.

Attorney Tom Powers told the court “What we will conclude… is that thimerosal-containing vaccines belong on the list of environmental factors…when one is evaluating what might have caused autism in a child when all of the other theories have been ruled out.”

He told the court the boys had conditions that made them vulnerable to the mercury in thimerosal.

It is the same argument that won a case for an autistic Athens, Georgia girl, Hannah Poling.

In the Poling case, the government conceded that the vaccine caused autism-like complications stemming from a rare genetic mitochondrial disorder. Lawyers for the government argue that her case was rare and should not set a precedent.

Florida-based mom, Monica Bice will be making a similar argument when she and her daughter have their day in vaccine court.

Monica only found out that she has immune-deficiency after her daughter was vaccinated. Not only did the girl develop an extreme fever, encephalitis and autism-like symptoms following the vaccines, but the family has since found out she, like her mother, has an immune deficiency.

Bice says that means she should have never received vaccines with a live virus contained in childhood vaccines.  

Monica tells IB News, “ Many children have pre-conditions and should be weeded out for vaccines.  If her pediatrician knew it should have been a red flag not to vaccinate.”

Both cases support the general theory of causation and are leading public health officials to reconsider whether a certain susceptible and vulnerable group of children should either not be vaccinated or vaccinated on a different schedule. (See related story on NIH s Dr. Bernadette Healy). 

The boy’s claims should last two to three weeks but a decision will not be heard until next year.  Bice does not expect to be before the court until next year.

Autism is seen in sever social avoidance, repetitive behavior, inability to speak or hold eye contact and a compulsion to stack or put items in a line.

There is general agreement that a genetic link exists but so might conditions in the womb that cause the child’s brain effects.

To be additionally cautious, pregnant women are warned to avoid a flu vaccine containing thimerosal.

And parents can seek out thimerosal-free vaccines for the children which will come in the single-dose vials.

Next summer in another test case before the vaccine court, lawyers will argue that the measles, mumps and rubella vaccine caused autism.  #