President Ma'am, So Vaccines do Cause Autism: Now what?

[Guest guest]

Government Concedes Vaccine-Autism Case in Federal Court - Now What?

Posted February 25, 2008 | 12:42 PM (EST)

By David Kirby

The Huffington Post

http://www.huffingtonpost.com/david-kirby/government-concedes-vacci_b_88323.html

 

[Most Respected President Ma'am, Namaskar. I have been warning the policy makers

in India since the last so many years. Now that the grisly story is unfolding I

do hope that IMMEDIATE action will be taken. The Precautionary Principle and the

Nuremberg Code prohibits dangerous experimentation on humans. If vaccines are

not banned forthwith and a public debate not initiated on the matter my mails on

the subject will provide the paper trail for holding the politicians, top policy

makers and scientists of India RESPONSIBLE for the tragedy that has overtaken 40

lakh unfortunate children of this great country. It is a SHAME that our leaders

and scientists prefer to look the other way as infants are being sacrificed on

the altar of an imperfect science whose very basis has been scientifically

questioned many a times. There can be no excuse for pumping mercury and other

heavy metals, deadly neurotoxins, proven carcinogens, untested antibiotics,

contaminated

serum, and multiple live viruses into infants in the name of " immunising " them.

VACCINES SHOULD GO. - Jagannath Chatterjee]

 

After years of insisting there is no evidence to link vaccines with the onset of

autism spectrum disorder (ASD), the US government has quietly conceded a

vaccine-autism case in the Court of Federal Claims.

The unprecedented concession was filed on November 9, and sealed to protect the

plaintiff's identify. It was obtained through individuals unrelated to the case.

The claim, one of 4,900 autism cases currently pending in Federal " Vaccine

Court, " was conceded by US Assistant Attorney General Peter Keisler and other

Justice Department officials, on behalf of the Department of Health and Human

Services, the " defendant " in all Vaccine Court cases.

The child's claim against the government -- that mercury-containing vaccines

were the cause of her autism -- was supposed to be one of three " test cases " for

the thimerosal-autism theory currently under consideration by a three-member

panel of Special Masters, the presiding justices in Federal Claims Court.

Keisler wrote that medical personnel at the HHS Division of Vaccine Injury

Compensation (DVIC) had reviewed the case and " concluded that compensation is

appropriate. "

The doctors conceded that the child was healthy and developing normally until

her 18-month well-baby visit, when she received vaccinations against nine

different diseases all at once (two contained thimerosal).

Days later, the girl began spiraling downward into a cascade of illnesses and

setbacks that, within months, presented as symptoms of autism, including: No

response to verbal direction; loss of language skills; no eye contact; loss of

" relatedness; " insomnia; incessant screaming; arching; and " watching the

florescent lights repeatedly during examination. "

Seven months after vaccination, the patient was diagnosed by Dr. Andrew

Zimmerman, a leading neurologist at the Kennedy Krieger Children's Hospital

Neurology Clinic, with " regressive encephalopathy (brain disease) with features

consistent with autistic spectrum disorder, following normal development. " The

girl also met the Diagnostic and Statistical Manual for Mental Disorders

(DSM-IV) official criteria for autism.

In its written concession, the government said the child had a pre-existing

mitochondrial disorder that was " aggravated " by her shots, and which ultimately

resulted in an ASD diagnosis.

" The vaccinations received on July 19, 2000, significantly aggravated an

underlying mitochondrial disorder, " the concession says, " which predisposed her

to deficits in cellular energy metabolism, and manifested as a regressive

encephalopathy with features of ASD. "

This statement is good news for the girl and her family, who will now be

compensated for the lifetime of care she will require. But its implications for

the larger vaccine-autism debate, and for public health policy in general, are

not as certain.

In fact, the government's concession seems to raise more questions than it

answers.

1) Is there a connection between vaccines, mitochondrial disorders and a

diagnosis of autism, at least in some cases?

Mitochondria, you may recall from biology class, are the little powerhouses

within cells that convert food into electrical energy, partly through a complex

process called " oxidative phosphorylation. " If this process is impaired,

mitochondrial disorder will ensue.

The child in this case had several markers for Mt disease, which was confirmed

by muscle biopsy. Mt disease is often marked by lethargy, poor muscle tone, poor

food digestion and bowel problems, something found in many children diagnosed

with autism.

But mitochondrial disorders are rare in the general population, affecting some

2-per-10,000 people (or just 0.2%). So with 4,900 cases filed in Vaccine Court,

this case should be the one and only, extremely rare instance of Mt disease in

all the autism proceedings.

But it is not.

Mitochondrial disorders are now thought to be the most common disease associated

with ASD. Some journal articles and other analyses have estimated that 10% to

20% of all autism cases may involve mitochondrial disorders, which would make

them one thousand times more common among people with ASD than the general

population.

Another article, published in the Journal of Child Neurology and co-authored by

Dr. Zimmerman, showed that 38% of Kennedy Krieger Institute autism patients

studied had one marker for impaired oxidative phosphorylation, and 47% had a

second marker.

The authors -- who reported on a case-study of the same autism claim conceded in

Vaccine Court -- noted that " children who have (mitochondrial-related)

dysfunctional cellular energy metabolism might be more prone to undergo autistic

regression between 18 and 30 months of age if they also have infections or

immunizations at the same time. "

An interesting aspect of Mt disease in autism is that, with ASD, the

mitochondrial disease seems to be milder than in " classic " cases of Mt disorder.

In fact, classic Mt disease is almost always inherited, either passed down by

the mother through mitochondrial DNA, or by both parents through nuclear DNA.

In autism-related Mt disease, however, the disorder is not typically found in

other family members, and instead appears to be largely of the sporadic variety,

which may now account for 75% of all mitochondrial disorders.

Meanwhile, an informal survey of seven families of children with cases currently

pending in Vaccine Court revealed that all seven showed markers for

mitochondrial dysfunction, dating back to their earliest medical tests. The

facts in all seven claims mirror the case just conceded by the government:

Normal development followed by vaccination, immediate illness, and rapid decline

culminating in an autism diagnosis.

2) With 4,900 cases pending, and more coming, will the government concede those

with underlying Mt disease -- and if it not, will the Court award compensation?

The Court will soon begin processing the 4900 cases pending before it. What if

10% to 20% of them can demonstrate the same Mt disease and same set of facts as

those in the conceded case? Would the government be obliged to concede 500, or

even 1,000 cases? What impact would that have on public opinion? And is there

enough money currently in the vaccine injury fund to cover so many settlements?

When asked for a comment last week about the court settlement, a spokesman for

HHS furnished the following written statement:

" DVIC has reviewed the scientific information concerning the allegation that

vaccines cause autism and has found no credible evidence to support the claim.

Accordingly, in every case under the Vaccine Act, DVIC has maintained the

position that vaccines do not cause autism, and has never concluded in any case

that autism was caused by vaccination. "

3) If the government is claiming that vaccines did not " cause " autism, but

instead aggravated a condition to " manifest " as autism, isn't that a very fine

distinction?

For most affected families, such linguistic gymnastics is not so important. And

even if a vaccine injury " manifested " as autism in only one case, isn't that

still a significant development worthy of informing the public?

On the other hand, perhaps what the government is claiming is that vaccination

resulted in the symptoms of autism, but not in an actual, factually correct

diagnosis of autism itself.

4) If the government is claiming that this child does NOT have autism, then how

many other children might also have something else that merely " mimics " autism?

Is it possible that 10%-20% of the cases that we now label as " autism, " are not

autism at all, but rather some previously undefined " look-alike " syndrome that

merely presents as " features " of autism?

This question gets to the heart of what autism actually is. The disorder is

defined solely as a collection of features, nothing more. If you have the

features (and the diagnosis), you have the disorder. The underlying biology is

the great unknown.

But let's say the government does determine that these kids don't have actual

" autism " (something I speculated on HuffPost a year ago). Then shouldn't the

Feds go back and test all people with ASD for impaired oxidative

phosphorylation, perhaps reclassifying many of them?

If so, will we then see " autism " cases drop by tens, if not hundreds of

thousands of people? Will there be a corresponding ascension of a newly

described disorder, perhaps something like " Vaccine Aggravated Mitochondrial

Disease with Features of ASD? "

And if this child was technically " misdiagnosed " with DSM-IV autism by Dr

Zimmerman, how does he feel about HHS doctors issuing a second opinion

re-diagnosis of his patient, whom they presumably had neither met nor examined?

(Zimmerman declined an interview).

And along those lines, aren't Bush administration officials somewhat wary of

making long-distance, retroactive diagnoses from Washington, given that the

Terry Schiavo incident has not yet faded from national memory?

5) Was this child's Mt disease caused by a genetic mutation, as the government

implies, and wouldn't that have manifested as " ASD features " anyway?

In the concession, the government notes that the patient had a " single

nucleotide change " in the mitochondrial DNA gene T2387C, implying that this was

the underlying cause of her manifested " features " of autism.

While it's true that some inherited forms of Mt disease can manifest as

developmental delays, (and even ASD in the form of Rhett Syndrome) these forms

are linked to identified genetic mutations, of which T2387C is not involved. In

fact little, if anything, is known about the function of this particular gene.

What's more, there is no evidence that this girl, prior to vaccination, suffered

from any kind of " disorder " at all- genetic, mitochondrial or otherwise. Some

forms of Mt disease are so mild that the person is unaware of being affected.

This perfectly developing girl may have had Mt disorder at the time of

vaccination, but nobody detected, or even suspected it.

And, there is no evidence to suggest that this girl would have regressed into

symptoms consistent with a DSM-IV autism diagnosis without her vaccinations. If

there was such evidence, then why on earth would these extremely well-funded

government attorneys compensate this alleged injury in Vaccine Court? Why

wouldn't they move to dismiss, or at least fight the case at trial?

6) What are the implications for research?

The concession raises at least two critical research questions: What are the

causes of Mt dysfunction; and how could vaccines aggravate that dysfunction to

the point of " autistic features? "

While some Mt disorders are clearly inherited, the " sporadic " form is thought to

account for 75% of all cases, according to the United Mitochondrial Disease

Foundation. So what causes sporadic Mt disease? " Medicines or other toxins, "

says the Cleveland Clinic, a leading authority on the subject.

Use of the AIDS drug AZT, for example, can cause Mt disorders by deleting large

segments of mitochondrial DNA. If that is the case, might other exposures to

drugs or toxins (i.e., thimerosal, mercury in fish, air pollution, pesticides,

live viruses) also cause sporadic Mt disease in certain subsets of children,

through similar genotoxic mechanisms?

Among the prime cellular targets of mercury are mitochondria, and

thimerosal-induced cell death has been associated with the depolarization of

mitochondrial membrane, according to the International Journal of Molecular

Medicine among several others. (Coincidently, the first case of Mt disease was

diagnosed in 1959, just 15 years after the first autism case was named, and two

decades after thimerosal's introduction as a vaccine preservative.)

Regardless of its cause, shouldn't HHS sponsor research into Mt disease and the

biological mechanisms by which vaccines could aggravate the disorder? We still

do not know what it was, exactly, about this girl's vaccines that aggravated her

condition. Was it the thimerosal? The three live viruses? The two attenuated

viruses? Other ingredients like aluminum? A combination of the above?

And of course, if vaccine injuries can aggravate Mt disease to the point of

manifesting as autism features, then what other underlying disorders or

conditions (genetic, autoimmune, allergic, etc.) might also be aggravated to the

same extent?

7) What are the implications for medicine and public health?

Should the government develop and approve new treatments for " aggravated

mitochondrial disease with ASD features? " Interestingly, many of the treatments

currently deployed in Mt disease (i.e., coenzyme Q10, vitamin B-12, lipoic acid,

biotin, dietary changes, etc.) are part of the alternative treatment regimen

that many parents use on their children with ASD.

And, if a significant minority of autism cases can be linked to Mt disease and

vaccines, shouldn't these products one day carry an FDA Black Box warning label,

and shouldn't children with Mt disorders be exempt from mandatory immunization?

8) What are the implications for the vaccine-autism debate?

It's too early to tell. But this concession could conceivably make it more

difficult for some officials to continue insisting there is " absolutely no link "

between vaccines and autism.

It also puts the Federal Government's Vaccine Court defense strategy somewhat

into jeopardy. DOJ lawyers and witnesses have argued that autism is genetic,

with no evidence to support an environmental component. And, they insist, it's

simply impossible to construct a chain of events linking immunizations to the

disorder.

Government officials may need to rethink their legal strategy, as well as their

public relations campaigns, given their own slightly contradictory concession in

this case.

9) What is the bottom line here?

The public, (including world leaders) will demand to know what is going on

inside the US Federal health establishment. Yes, as of now, n=1, a solitary

vaccine-autism concession. But what if n=10% or 20%? Who will pay to clean up

that mess?

The significance of this concession will unfortunately be fought over in the

usual, vitriolic way -- and I fully expect to be slammed for even raising these

questions. Despite that, the language of this concession cannot be changed, or

swept away.

Its key words are " aggravated " and " manifested. " Without the aggravation of the

vaccines, it is uncertain that the manifestation would have occurred at all.

When a kid with peanut allergy eats a peanut and dies, we don't say " his

underlying metabolic condition was significantly aggravated to the extent of

manifesting as an anaphylactic shock with features of death. "

No, we say the peanut killed the poor boy. Remove the peanut from the equation,

and he would still be with us today.

Many people look forward to hearing more from HHS officials about why they are

settling this claim. But whatever their explanation, they cannot change the

fundamental facts of this extraordinary case:

The United State government is compensating at least one child for vaccine

injuries that resulted in a diagnosis of autism.

And that is big news, no matter how you want to say it.

NOTE: Full text of the government's statement is posted here

http://www.huffingtonpost.com/david-kirby/every-american-should-rea_b_88558.html\

..

David Kirby is the author of " Evidence of Harm - Mercury in Vaccines and the

Autism Epidemic, A Medical Controversy " (St. Martins Press 2005).

 

 

Government Concludes Vaccines Caused Autism

http://www.earthtim es.org/articles/ show/government- concludes- vaccines-

caused-autism, 296463.shtml

 

NIXA, Mo., Feb. 28 /PRNewswire- USNewswire/ -- It was announced that the U.S.

Court of Federal Claims and the National Vaccine Injury Compensation Program

ruled in favor of a child who regressed into autism as a result of vaccinations,

several of which contained the mercury-based preservative thimerosal.

 

Case documents state that the vaccines administered to the claimant

significantly aggravated an underlying condition that ultimately led to

regressive encephalopathy and symptoms of autism.

 

According to official court documents, the child was developing normally until

given the vaccines, and shortly after the shots, regressed into full autism. The

child was diagnosed by nationally recognized autism medical specialists.

 

For more than a decade, thousands of parents have come forward with reports of

sharp regression in their children following immunizations. The cases of autism

have dramatically spiked in the past 15 years to as many as 1 in 150 children,

making it the leading childhood developmental disorder today.

 

The National Autism Association (NAA) sees the ruling as confirmation of what so

many parents have been saying for years. " This case echoes the stories of

thousands of children across the country. With almost 5,000 similar cases

pending in vaccine court, we are confident that this is just the first of many

that will confirm what we have believed for so long, vaccines can and do cause

children to regress into autism, " says Wendy Fournier, parent and president of

NAA. " We call on the Centers for Disease Control (CDC) to acknowledge that the

current vaccine schedule is not safe for every child and as with the

administration of any medicine, individual risks and susceptibilities must be

considered for each patient. "

 

While thimerosal has been phased out of many pediatric vaccines, it is still

used in flu shots recommended for pregnant women and children. At a meeting of

the Advisory Committee for Immunization Practices held yesterday at the CDC, the

committee voted to recommend annual flu shots for all children up to the age of

18, and to date has refused to state a preference for mercury-free vaccines.

 

To learn more about autism, please visit http://www.national autism.org/ .

Contacts: Wendy Fournier (Portsmouth, RI) 401-835-5828 Rita Shreffler (Nixa, MO)

401-632-6452

 

National Autism Association

 

 

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