U.S. Federal Claims Court: Vaccines Caused Autism

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/...

Jan Drew wrote:
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 government conceded that the vaccines *may have* aggravated that a
mitochrondrial disorder, causing an encephalopathy, which has some
autism-like symptoms. However, the government clearly did not say that
the vaccines caused autism.

Jeff

"Jan Drew" wrote in message
. net...
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.

No. It does not show there is a connection. All it shows is that some people
*think* there is a connection.

In fact, the report you posted points out that the patient already had an
underlying condition.

Small (and unproven) risk of autism.
Large (and proven) risk from deadly disease.

Choice is yours.

"Jeff" wrote in message
news:hzoAj.1880$hr3.652@trnddc04...
Jan Drew wrote:
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 government conceded that the vaccines *may have* aggravated that a
mitochrondrial disorder, causing an encephalopathy, which has some
autism-like symptoms. However, the government clearly did not say that the
vaccines caused autism.

Jeff

The key words contained in the concession are *aggravated" and "manifested.*
After years of denial.

On Sun, 09 Mar 2008 04:50:37 GMT, "Jan Drew"
wrote:

The government conceded that the vaccines *may have* aggravated that a
mitochrondrial disorder, causing an encephalopathy, which has some
autism-like symptoms. However, the government clearly did not say that the
vaccines caused autism.

The key words contained in the concession are *aggravated" and "manifested.*

The key words you've left out following "aggravated" are those
describing *what* may have been aggravated, which was "mitochondrial
disorder", not autism.

--

Terry

Jan Drew wrote:

"Jeff" wrote in message
news:hzoAj.1880$hr3.652@trnddc04...
Jan Drew wrote:
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 government conceded that the vaccines *may have* aggravated that a
mitochrondrial disorder, causing an encephalopathy, which has some
autism-like symptoms. However, the government clearly did not say that
the vaccines caused autism.

Jeff

The key words contained in the concession are *aggravated" and
"manifested.*
After years of denial.

The other key point is that the kid did not have autism.

http://www.huffingtonpost.com/david-...-_b_88558.html

Government Concedes Vaccine-Autism Case in Federal Court - Now What?
Posted February 25, 2008 | 12:42 PM (EST)


--------------------------------------------------------------------------------

Read Mo Autism, Autism Spectrum Disorder, Autism Thimerosal, Autism
Vaccines, Concession, Hhs, Kennedy Krieger, Mitochondria, Oxydative
Phosphorylation, Thimerosal, Vaccine, Vaccine Court, Breaking Living News

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.

David Kirby is the author of "Evidence of Harm - Mercury in Vaccines and the
Autism Epidemic, A Medical Controversy" (St. Martins Press 2005.

"Jeff"

Real one on HealthFraud list: Jeffrey Peter Joseph Utz, M.D.

[2007] "Robert Watson"
Jeff Utz
Jeff Utz, M.D.
Jeffrey P. Utz, M.D. Hence "Putz"
http://www.msu.edu/~utz/
Jeffrey Peter, M.D.
Wyle E. Coyote
Jeff Utz (Jan 2003 & 2008
Jeff
Jeff (2007 & 2008)