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The Vaccine-Autism Court Document Every American Should Read
Health Lover, Ilena Rosenthal, applauds David Kirby and thanks him
for helping expose this covered-up document and bringing it to life. The breast implant / vaccinations industires have long forced "gag" orders on losing cases such as this. This stayed covered up only around 4 months ... despite their best efforts. May God protect him and all the rest of us exposing the real Snake-oil ... Vaccinations. http://ilenarose.blogspot.com www.BreastImplantAwareness.org/Snake-oil.htm Partial List of Vaccination Propagandists seen thoughout the net ... EXCERPT: 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). http://www.huffingtonpost.com/david-...-_b_88558.html Below is a verbatim copy of the US Government concession filed last November in a vaccine-autism case in the Court of Federal Claims, with the names of the family redacted. It is the subject of my post yesterday. Every American should read this document, and interpret for themselves what they think their government is trying to say about the relationship, if any, between immunizations and a diagnosis of autism spectrum disorder. If you feel this document suggests that some kind of link may be possible, you might consider forwarding it to your elected representatives for further investigation. But, of course, if you feel that this document in no way implicates vaccines, then let's just keep going about our business as usual and not pay any attention to all those sick kids behind the curtain. IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS CHILD, a minor, by her Parents and Natural Guardians, Petitioners, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT'S 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 CHILD's 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. CHILD's 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 mother's 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 CHILD's 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 CHILD's communication and social development. Id. at 6. CHILD's 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 CHILD's 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 Children's Hospital Neurology Clinic ("Krieger Institute"), on February 8, 2001. Pet. Ex. 25 at 1. Dr. Zimmerman reported that after CHILD's 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 CHILD's 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 Institute's 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 CHILD's 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 CHILD's 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 CHILD's 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 |
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The Vaccine-Autism Court Document Every American Should Read
On Feb 28, 9:25*pm, Ilena Rose wrote:
Health Lover, Ilena Rosenthal, *applauds David Kirby David Kirby is one of the Merchants olf Disease, Disability and Death. EXCERPT: *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. Th eoperative words are "features of autism spectrum disorder" which is NOT the same thing as autism. |
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The Vaccine-Autism Court Document Every American Should Read
http://ilenarose.blogspt.com
Health Lover Regarding one of the Vaccination Lies being spread wide and far that all mercury was removed from vaccinations in 2001 ... David Kirby addresses that myth. http://www.huffingtonpost.com/david-...s_b_89775.html DAVID: They stopped making mercury containing vaccines right around the end of 2001 Now, this stuff goes and gets shipped into warehouses. Then it gets into the pipeline, that's when the expiration date is placed on it, the day it leaves the warehouse. They stocked up on mercury containing vaccines as they were transitioning into the mercury free formula. For those years, 2000, 2001, 2002, 2003 and I'm quite certain into 2004, a lot of this stuff was still sitting on shelves. In the meantime, we started giving the flu shot to pregnant women and infant children, which still contains the full amount of mercury. We never hit zero, and now we're back up. |
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The Vaccine-Autism Court Document Every American Should Read
On Mar 4, 2:08*pm, Ilena Rose wrote:
http://ilenarose.blogspt.com Health Lover Regarding one of the Vaccination Lies being spread wide and far that all mercury was removed from vaccinations in 2001 ... David Kirby addresses that myth. Mr. Kirby hs been consistently wrong on every point he has made. There is no rational reason whyhe should be believed now. |
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The Vaccine-Autism Court Document Every American Should Read
On Mar 4, 7:36*pm, Mark Probert wrote:
Mr. Kirby hs been consistently wrong on every point he has made. There is no rational reason whyhe should be believed now. Give me one good reason we should believe you. |
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The Vaccine-Autism Court Document Every American Should Read
On Mar 5, 12:10*am, Bee wrote:
On Mar 4, 7:36*pm, Mark Probert wrote: Mr. Kirby hs been consistently wrong on every point he has made. There is no rational reason whyhe should be believed now. Give me one good reason we should believe you. I document my statements with referencess. Kirby...wlll... |
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The Vaccine-Autism Court Document Every American Should Read
"Mark Probert" wrote: On Mar 4, 2:08 pm, Ilena Rose wrote: http://ilenarose.blogspt.com Health Lover Regarding one of the Vaccination Lies being spread wide and far that all mercury was removed from vaccinations in 2001 ... David Kirby addresses that myth. MP Mr. Kirby hs been consistently wrong on every point he has made. There is no rational reason whyhe should be believed now. That would include YOU, Mark S Probert, David Wright and other *gang members*.. Jan Drew View profile More options Mar 6, 12:43 am Newsgroups: alt.support.breast-implant, misc.health.alternative, misc.legal, misc.kids.health From: "Jan Drew" Date: Thu, 6 Mar 2008 00:43:10 -0500 Local: Thurs, Mar 6 2008 12:43 am Subject: U.S. Federal Claims Court: Vaccines Caused Autism (Mark changed subject line] HUGE NEWS: Government Concedes Vaccine-Autism Link in Federal Court! Reply | Reply to author | Forward | Print | View thread | Show original | Report this message | Find messages by this author "Mark Probert" wrote in message ... [gmail is 96.224.239.236 OrgName: Verizon Internet Services Inc. OrgID: VRIS Address: 1880 Campus Commons Dr City: Reston StateProv: VA PostalCode: 20191 Country: US Mark S. Probert exposed again] http://talk.sheknows.com/f732/though...d-article-inte... 9:21 PM - Govt. Concedes Vaccine-Autism/Mito Case Thank you, Mom (aka "Mama Mia") for posting this very important landmark case. It shows that there is a connection between vaccines and the onset of some forms of autism and/or mitochondrial disorders. Mercury and other preservatives should be removed immediately from all vaccines -- including flu vaccines. All vaccines for children and adults should be safe and free of all mercury, preservatives, and other harmful ingredients. (MITOCHONDRIAL DISEASE AND AUTISM) GOVERNMENT CONCEDES VACCINE-AUTISM CASE IN FEDERAL COURT -- NOW WHAT? Posted February 25, 2008 | 12:42 PM (EST) ---------------------------------------------------------------------------***----- 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 as filed on November 9, and sealed to protect the plaintiff's identity. 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 mitochondrial disease, which was confirmed by muscle biopsy. Mitochondrial 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 mitochondrial 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 mitochondrial disease in autism is that, with ASD, the mitochondrial disease seems to be milder than in "classic" cases of mitochondrial disorder. In fact, classic mitochondrial disease is almost always inherited, either passed down by the mother through mitochondrial DNA, or by both parents through nuclear DNA. In autism-related mitochondrial 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 mitochondrial 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 mitochondrial 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 mitochondrial 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 mitochondrial disease are so mild that the person is unaware of being affected. This perfectly developing girl may have had mitochondrial 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 mitochondrial dysfunction; and how could vaccines aggravate that dysfunction to the point of "autistic features?" While some mitochondrial 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 mitochondrial 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 mitochondrial 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 mitochondrial 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 mitochondrial 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 mitochondrial 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 mitochondrial 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 mitochondrial 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. ~~~~~~~~~~~~~~~~~~~~~~ February 28th, 2008 U.S. Federal Claims Court: Vaccines Caused Autism After years of denying any link between vaccinations in children and the onset of Autism, the U.S. Government quietly ruled in favor of a plaintiff today - a child who regressed into autism as a result of vaccinations. While I have never trusted shots, vaccines, or Rx pills in general, I knew something was wrong with the disproportionate number of Autistic children in this country compared to many other developed nations. Same for staggering numbers of Alzheimer's, cancer, obesity, and other diseases.but that's all information for a future post about how control of our health & wellness (which includes food supply) has directly affected so many of these epidemics. A Victory for the Victim Here is the story that came in today about the ruling, it is a great victory for all of those who were once victimized by the Department of Health's childhood vaccination schedule. 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 20 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. Skip the Mercury I don't know about you, but I think I'll pass on the flu shot, which is now being reported to not help anyways. I also don't think my future children need to be injected with mercury, especially at such a young age, when their bodies are so vulnerable. It's tragic that we have allowed the Government and the Department of Health to get by with injecting young children with poison for so long, but this victory is huge for the family who won, and hopefully will be instrumental in fostering change in our health policies. http://www.hearbydesign.com/2008/02/...s-court-vaccin... February 29, 2008 Feds Admit Vaccine "Aggravated" Autism ["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,'" he continues. "No, we say the peanut killed the poor boy. Remove the peanut from the equation, and he would still be with us today."] (World Net Daily) The federal government continues to deny a link between vaccines and autism, but the U.S. Court of Federal Claims has ruled in favor of a child alleged to have regressed into autism as a result of vaccinations. Several of the vaccinations included the controversial mercury-based preservative thimerosal, points out the National Autism Association, which sees the ruling as confirmation of the claims of many parents. This case echoes the stories of thousands of children across the country," said NAA President Wendy Fournier. "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." Fournier called on the Centers for Disease Control "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." The government's unprecedented concession - filed Nov. 9 and sealed to protect the plaintiff's identity - was obtained through individuals unrelated to the case, said David Kirby, author of "Evidence of Harm: Mercury in Vaccines and The Autism Epidemic, A Medical Controversy." The concession was made by U.S. 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. A CDC panel, meanwhile, voted unanimously Wednesday to recommend flu shots for all school-age children. The move would compel private insurers to cover the costs and require the CDC to make the vaccine available to anyone who can't afford it. The NAA criticized the CDC decision, noting thimerosal is still found in flu shots recommended for children and pregnant women. Thimerosal in vaccines is suspected of causing brain damage and weakening the immune system, making some children susceptible later to infection from measles, mumps and rubella shots. Kirby, writing for the Huffington Post, reported the government's written concession said the child had a pre-existing mitochondrial disorder that was "aggravated" by her shots and ultimately resulted in a diagnosis of autism spectrum disorder, or 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," Kirby writes. "But its implications for the larger vaccine-autism debate, and for public health policy in general, are not as certain." The government's concession, he says, seems to raise more questions than it answers. The Department of Health and Human Services said its Division of Vaccine Injury Compensation, or 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." Kirby said that for most affected families, the fine distinction between claiming that vaccines did not "cause" autism but instead aggravated a condition to "manifest" as autism is a fine distinction that is not so important. While it's too early to tell, he said, "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, he said. "DOJ lawyers and witnesses have argued that autism is genetic, with no evidence to support an environmental component," he pointed out. "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." The bottom line, he said, is that the public will demand to know what is going on inside the U.S. federal health establishment. "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," Kirby writes. "Despite that, the language of this concession cannot be changed, or swept away." The key words contained in the concession, he says, are "aggravated" and "manifested." "Without the aggravation of the vaccines, it is uncertain that the manifestation would have occurred at all," Kirby argues. "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,'" he continues. "No, we say the peanut killed the poor boy. Remove the peanut from the equation, and he would still be with us today." Whatever the government's further explanation, says Kirby, "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." http://shankradioworldwide.typepad.c..._wide/2008/02/... |
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The Vaccine-Autism Court Document Every American Should Read
"Mark Probert" wrote in message ... On Mar 5, 12:10 am, Bee wrote: On Mar 4, 7:36 pm, Mark Probert wrote: Mr. Kirby hs been consistently wrong on every point he has made. There is no rational reason whyhe should be believed now. Give me one good reason we should believe you. I document my statements with referencess. Kirby...wlll... ~~~~~~~~~~~~~~~ Nota, Mark S Probert. Newsgroups: misc.health.alternative From: Mark Probert Date: Tue, 28 Nov 2006 21:44:01 GMT Local: Tues, Nov 28 2006 4:44 pm Subject: OT: For What it is Worth Reply to author | Forward | Print | View thread | Show original | Report this message | Find messages by this author pmoran wrote: Mark, what gives? These are awful accusations and it smells of fakery . It should have been possible to check some of the facts, such as that the child care centre was closed down. Why were criminal charges not laid if these accusations were true? I don't think this should have been posted, even as a joke or to make a point, however well-deserved. Bolen and Ilena have amply demonstrated how lies can acquire a life of their own on Usenet. Can you withdraw it? Yes, but for a price. Nothing for free any more. I want peace. I have asked for it, I have lived it. I want peace. I will do whatever is necessary for peace, except give in to Ilena's and Jan extortion. http://groups.google.com/group/misc....29634d738f410b pmoran wrote: Mark, what gives? These are awful accusations and it smells of fakery . It should have been possible to check some of the facts, such as that the child care centre was closed down. Why were criminal charges not laid if these accusations were true? I don't think this should have been posted, even as a joke or to make a point, however well-deserved. Bolen and Ilena have amply demonstrated how lies can acquire a life of their own on Usenet. Can you withdraw it? PM You just scored some credibility points in my book, Peter. This is the worst form of a hear-say attack I've ever seen. I applaud you for calling a spade a spade. Mark, at the very LEAST you should require evidence of this person's accusations before considering such a story. If she ran a daycare that was shut down, it should be public record. I'm not saying that it would be online, since it's possible that it happened long before such records were made available on the internet, but it would at least be on file in the Indiana Child Protective Services office or other such agency. And even THEN I would have personally steered clear of posting it to usenet. I know you think you two are in a "gloves are off" kind of battle, but posting stuff like this does nothing for you credibility. Max. http://groups.google.com/group/misc....c6cd24744cf16f "pmoran" wrote in news:1164743505.300973.222040 @h54g2000cwb.googlegroups.com: Mark, what gives? These are awful accusations and it smells of fakery . It should have been possible to check some of the facts, such as that the child care centre was closed down. Why were criminal charges not laid if these accusations were true? I don't think this should have been posted, even as a joke or to make a point, however well-deserved. Bolen and Ilena have amply demonstrated how lies can acquire a life of their own on Usenet. Can you withdraw it? I have to agree. In particular, the lack of a specific time-frame when the abuses were supposed to have occurred is pretty suspicious; it gratuitously increases the difficulty in verifying the allegations. Someone who had really experienced an injustice, rather than someone with a potentially malicious axe to grind, would want to do everything possible to make his allegations verifiable. http://groups.google.com/group/misc....704e19d7850278 Gloves off is not the half of it. Jan has no idea what she is in for. I have already requested that Google remove this message. I posted it to make a point. You are the only "ALT" who has demonstrated the slightest bit of ethics, with regard to asking Jan to stop the abusive posts. Of course, you failed. I rarely guarantee anything when it comes to human behavior, but, I could have guaranteed that. BTW, I did receive other emails which made this one look mild. Those I deleted. http://groups.google.com/group/misc....76941dfe867991 BTW, I have never received anything from my ISP, like you said. *You have now acknowledged receipt of a proper warning, as required by your ISP.* You misunderstood. My post was the proper warning. You acknowledged receiving it. Leave me alone. Do not post to or about me. http://groups.google.com/group/misc....2cd9a67bc34ad0 OrgName: Peer 1 Network Inc. OrgID: PER1 Address: 2nd Floor, 75 Broad Street City: New York StateProv: NY PostalCode: 10004 Country: US by mx.google.com with ESMTP id f12si25098590qba.2006.11.28.08.08.52; Tue, 28 Nov 2006 08:08:53 -0800 (PST) Received-SPF: pass (google.com: domain of designates 65.39.178.135 as permitted sender) Net Range OrgName: Peer 1 Network Inc. OrgID: PER1 Address: 2nd Floor, 75 Broad Street City: New York StateProv: NY PostalCode: 10004 Country: US Received: from smtp3.hushmail.com (localhost.hushmail.com [127.0.0.1]) OrgName: Internet Assigned Numbers Authority OrgID: IANA Address: 4676 Admiralty Way, Suite 330 City: Marina del Rey StateProv: CA PostalCode: 90292-6695 Country: US by smtp3.hushmail.com (Postfix) with SMTP id 4229BA327A for ; Tue, 28 Nov 2006 08:08:39 -0800 (PST) Received: from mailserver8.hushmail.com (mailserver8.hushmail.com [65.39.178.61]) OrgName: Web-Business-Services.com Inc. OrgID: WEBBU-1 Address: 102-4369 Main Street Address: Suite 908 City: Whistler StateProv: BC PostalCode: V0N-1B4 Country: CA Net Range OrgName: Icommand.Com OrgID: ICOMMA Address: 230 Richmond St W, Suite 800 City: Toronto StateProv: ON PostalCode: M5V 1V6 Country: CA Parent OrgName: Peer 1 Network Inc. OrgID: PER1 Address: 2nd Floor, 75 Broad Street City: New York StateProv: NY PostalCode: 10004 Country: US Hush Communications USA PEER1-HUSHMAIL-01 (NET-65-39-178-0-1 OrgName: Hush Communications USA OrgID: HCU-9 Address: c/o Hansa Bank Landsome Road City: The Valley StateProv: AN PostalCode: T10O2P Country: GB Parent OrgName: Peer 1 Network Inc. OrgID: PER1 Address: 2nd Floor, 75 Broad Street City: New York StateProv: NY PostalCode: 10004 Country: US Comment: ADDRESSES WITHIN THIS BLOCK ARE NON-PORTABLE RTechHandle: ZP55-ARIN RTechName: Peer1 Network Inc. RTechPhone: +1-604-683-7747 RTechEmail: Vancouver, Canada by smtp3.hushmail.com (Postfix) with ESMTP for ; Tue, 28 Nov 2006 08:08:38 -0800 (PST) Received: by mailserver8.hushmail.com (Postfix, from userid 65534) http://www.hackinglinuxexposed.com/a.../20021113.html http://www.hackinglinuxexposed.com/a.../20020716.html id 3E378DA84A; Tue, 28 Nov 2006 08:08:38 -0800 (PST) Date: Tue, 28 Nov 2006 11:08:37 -0500 To: "Mark Probert" Cc: Subject: Jan Drew From: Content-type: text/plain; charset="UTF-8" Message-Id: https://mailserver5.hushmail.com/hushmail/index.php This email account does not exist: On Tue, 28 Nov 2006 11:03:56 -0500 Mark Probert wrote: Wow. Mark is so stupid. Look at the time when he posted it. Notice how Mark changed it more than several times. *I have the absolute right to post in peace.* Was you fake email peaceful? You are so full of it. Your choice. No, it is yours. For the entire thread. http://groups.google.com/group/misc....native&lnk=ol& |
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