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URGENT: The Vaccine-Autism Court Document Every American Should Read

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Old April 20th 08, 05:08 PM posted to misc.health.alternative,talk.politics.medicine,misc.kids.health,misc.legal
Ilena Rose
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Posts: 1,139
Default URGENT: 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.

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).


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

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.


CHILD, a minor,

by her Parents and Natural Guardians,






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.


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.

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.


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,

Assistant Attorney General

Torts Branch, Civil Division

Deputy Director
Torts Branch, Civil Division

Assistant Director
Torts Branch, Civil Division

s/ Linda S. Renzi by s/ Lynn E. Ricciardella
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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