Government Concedes Vaccine-Autism Case in Federal Court

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

Court Summary

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©(1)©(ii).

Excerpts from Blog: David Kirby

Comment by The McGlynn

Maybe now the truth will come out. I have two identical twin grandchildren, boys, who have autism. They have the greatest parents on earth. The boys are loving and trying their best, but it is a slow process. What is needed most is a massive research to find a cure. There are millions of autistic children throughout the world. They deserve more than what has been offered hereto,basically nothing.

And who will join this standing up
and the ones who stood without sweet company
will sing and sing
back into the mountains and
if necessary
even under the sea.

We are the ones we have been waiting for.

Poem for South African Women
June Jordan (1)

WE ARE THE ONES WE HAVE BEEN WAITING FOR

We are the ones, young men and women of America,
Longing to believe again in the goodness of America
And eager to contribute to a renewed America.

We are the ones, Republicans, Democrats, Independents,
Americans all, outraged at the assaults on our liberties,
Our values, our Constitution by the Bush-Cheney administration.

We are the ones, Americans of every race, color, creed,
Who no longer will be pitted against each other
For the politician’s gain, our country’s loss, and our own detriment.

We are the ones, Americans, fortunate in our wealth and comfort,
Wanting to give for the welfare of those Americans less fortunate,
Believing in the worth and righteousness of the Common Good.

We are the ones, Americans of all political parties and persuasions,
Who can see past our legitimate and strongly-held policy differences,
To a way of honorable compromise for solutions to our country’s problems.

We are the ones, Americans who will redeem the promise of America
For all of our citizens, the young, the old, the disenfranchised, the poor,
And for those who yearn to become part of us, our immigrants.

We are the ones,

Americans who wish to be a force for peace and goodwill among nations,
Rather than a nihilistic agent of death, destruction, and chaos.

Americans who wish to promote understanding and respect between peoples
Rather than distrust, hate, fear, and conflict.

Americans who wish to help alleviate the suffering of the peoples of the world,
Who see all children as our children, all women as sisters, all men as brothers.

Americans who understand that we are all one people of our planet Earth.

We are the ones we have been waiting for.

Mary Oleary-McGlinn

(1) From Passion:New Poems, 1977-80 by June Jordan

^{Yes, I am a dreamer. But I know I am not alone.}

^{Have a good laugh on the Clintons!}

I see him standing there in the bright January sun, this tall, slim American, born of Kansas and Kenya,

This graduate of Harvard, this teacher of constitutional law, this community organizer, this respected author, this Senator from Illinois.

I see him standing there, vowing to “preserve, protect, and defend the Constitution of the United States.”

I see him standing there, now with the accomplished, eloquent  Michelle,

Their two young daughters sparkling by their side.

I see this American family whom we have made our own.

I see him step to the podium, looking out over the gathered throng of his fellow citizens.

I hear him, his voice sure and strong, with the cadence of King,

His words soaring over our Capitol, our country, our world.

“. . .  So, now, let us begin a new chapter in our country’s history.

Together, young and old, black and white, Native Americans, Hispanic and Asian Americans, Arab Americans,  Americans from every region of our country–together, let us  work to redeem and renew the promise of America for all of our citizens, let us  help heal the wounds of the peoples of the world, and let us lead the sacred effort to repair and preserve our precious planet.

There will be times when our mission will seem too difficult; at times, impossible.   There will be struggle, set-backs, and sacrifice.  But keeping our faith in one another and in the good we pursue, we will overcome the obstacles that lie ahead.

Together, we cannot fail.

Let us begin.”

I see a hopeful America on this bright Winter day in the year 2009 seeing and hearing her new President.

I see those struggling against discrimination, poverty, and fear here in America and around the world

Seeing and hearing him.

I see the young men and women of America, in love again with the possibility of America and their place in that America,

Seeing and hearing him.

I see black American girls and boys, bursting with pride and renewed purpose,

Seeing and hearing him.

I see all of us who have been heart-sick and outraged at the damage done to our

country and the world during the last eight years

Seeing and hearing him.

I see a young Muslim boy, a student in a Saudi Arabian madrasa,

Seeing and hearing him.

I see all and each of these and more, so many more,  seeing and hearing

Barack Hussein Obama, the 44th President of the United States of America.

And I see the possibility of a new beginning.

Mary O’Leary McGlinn