Constitutional Law

Gov't Concedes in Vaccine-Autism Case

David Kirby writes in the Huffington Post that the U.S. government "has quietly conceded a vaccine-autism case in the Court of Federal Claims." According to the Legal Times, nearly 5,000 autism claims have been filed with the U.S. Court of Federal Claims, which must determine whether "the combination of certain vaccines and thimerosal, a mercury-based vaccine preservative, can cause autism."

Under the 1986 National Childhood Vaccine Injury Act, claims for injuries caused by vaccines are heard before the U.S. Court of Federal Claims in a no-fault proceeding. "The compensation system was meant to handle the rare but inevitable injuries that result from allergic and other reactions to vaccines," the Legal Times noted. The lawsuits are brought against the U.S. government, not vaccine manufacturers; special masters act as trial judges (there is no jury); pain and suffering damages are capped at $250,000 (although awards are available for lost wages, medical and educational costs, and attorneys' fees); and compensation awards are funded by a 75 cent excise tax paid on each vaccine.

According to Kirby, in one of the three test cases regarding the alleged link between vaccines containing thimerosal and the onset of autism that were under consideration by a three-member panel of Special Masters, the government conceded that "compensation is appropriate." The following language is from a purported government filing, signed by Peter Keisler, Assistant Attorney General, which is under seal (and published by Kirby):

In sum, [the Division of Vaccine Injury Compensation, Department of Health and Human Services] 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.

The government has phased out the use of mercury preservatives in most vaccines, according to a Legal Times article. The article notes that various studies have reached different conclusions regarding whether there is a causal relationship between the administering of vaccines containing thimerosal and autism. It also notes that broad-based vaccinations effectively eliminated diseases like polio and smallpox that used to afflict millions of people.

Resources

• Huffington Post, "Government filing signed by Peter Keisler, Assistant Attorney General, submitted on November 9, 2007," David Kirby (February 26, 2008)
• Legal Times, "Test Case Linking Vaccines and Autism Reaches Federal Court," Tony Mauro (June 5, 2007)
• ABA Journal, "No Longer Immune: Court Opens Door to Cases Claiming Link Between Autism and Vaccine Preservative," Wendy Davis (July 2006)
• Rolling Stone, "Deadly Immunity: Robert F. Kennedy Jr. Investigates the Government Cover-Up of a Mercury/Autism Scandal," Robert F. Kennedy Jr. (June 2005)
• Washington Post, "Study Casts Doubt on Vaccine-Autism Link," Randy Dotinga (January 7, 2008)

Commentary

• Huffington Post, "Government Concedes Vaccine-Autism Case in Federal Court – Now What?" David Kirby (February 25, 2008)
• Respectful Insolence, "David Kirby and the government 'concession that vaccines cause autism': The incredible shrinking causation claim," Orac (February 28, 2008)

Full post as published by ACS Blog on March 03, 2008 (boomark / email).