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08:32 PM on 02/25/2008
Great analysis. I am so glad this family will receive money to care for their child, who will not be a child forever. The DSM could never do justice to these children but this ruling is bringing it closer to medical reality.

Keep up the fight!

Teresa Conrick
08:29 PM on 02/25/2008
The girl is doing much better:

"Now 6 years old, our patient has been treated with vitamin supplements since 2¹⁄₂years of age. Even before starting supplementation, the patient began speaking again at 23 months old and had a four-word vocabulary of “bubbles,” “ball,” “drink,” and “cracker.” Levocarnitine 250 mg and thiamine 50 mg three times per day were initiated when the patient was 29 months old. Coenzyme Q 10 was added at age 33 months. Although she still exhibits mild autistic behaviors, our patient has continued to improve in language functions and sociability such that she now attends a regular kindergarten with an aide. There have been slow yet steady improvements in muscle tone, motor coordination, and gastrointestinal symptoms with occupational therapy, applied behavioral analysis interventions, and mitochondrial enzyme cofactor supplements. After the age of 2 years, growth trajectory has continued along the 75th percentile for both height and weight. Laboratory tests were repeated at ages 2 years and 10 months (aspartate aminotransferase 47 IU/L, normal < 38 IU/L; alanine transferase 20 IU/L, normal < 40 IU/L; serum creatine kinase level 105 IU/L, normal < 194 IU/L), 4 years old (aspartate aminotransferase 36 IU/L; alanine transferase 19 IU/L; serum creatine kinase level 169 IU/L), and 6 years old (aspartate aminotransferase 36 IU/L; alanine transferase 21 IU/L; alanine to lysine ratio 1.58, normal < 1.5 to 2.5). During an acute illness owing to C difficile, the aspartate aminotransferase was on one occasion elevated to 50 IU/L; however, the serum creatine kinase level remained normal at 169 IU/L. Urine organic acids and serum amino acids have been normal at ages 3 and 6 years. Childhood Autism Rating Scale scores since beginning kindergarten have been under 30."
08:08 PM on 02/25/2008
It seems to me there is a practical approach that makes the same sense regardless of how you analyze the past or which side of a debate you're on:

1) Get any residual mercury out of our vaccines and try to educate both doctors and patients to read the labels. Whether that will prevent autism or not, it will obviously do us good.

2) See if the incidence of autism declines correspondingly, and concentrate research efforts in the most likely direction.

Am I being unfair to anybody?
08:14 PM on 02/25/2008
Thimerosal has been gone from scheduled childhood vaccines since 2002. A child born since then is more likely to have never received a TCV than older children.
08:46 PM on 02/25/2008
Wrong. It is still in abundance in flu shots and the generic tetanus booster, as well as others. See the FDA's own web pages:

And even though CA legislation was signed in 2001 banning it in vaccines for children and pregnant women, it was still in vaccines given to children and pregnant women through 2006.
09:10 PM on 02/25/2008
Thimerosal was (unfortunately) NOT removed in 2002!, my pediatrician found a case of DTaP vaccine in 2003 with a 2005 expiration date on them (which we took to our State Capitol to prove to legislators Thimerosal had NOT been removed).

In 2002 Thimerosal was re-introduced into the vaccine schedule through the flu vaccine with 12.5 mcg per infant shot. To compound the exposure, Pregnant mothers were encouraged to take the shot with 25 mcg exposing the fetus to mercury. According to the EPA government standards, a child must weigh 250 lbs to safely absorb the 12.5 mcg. The pregnant mother must weigh 550 lbs to safely absorb the shot containing 25 mcg.

I believe we will have to wait until 2009-2012 to see if the REDUCTION of ethyl-mercury/thimerosal has reduced the incidence of autism. Thimerosal was REDUCED in vaccines, NOT REMOVED, the live virus vaccines do not contain Thimerosal, because the Thimerosal would kill the live virus).

Visit the FDA website to see the vaccines which still contain Thimerosal and the ones that still have trace amounts. Read 'em and weep!

Leslie, Lanier's Mom
05:51 PM on 03/02/2008
Yes you are being unfair: Out of the thousands of research done on vaccines, not a single one covers a time period of 24 hours on out.

Also, you're assuming vaccines work and that the mercury is the sole culprit. There's many other toxins in the vaccines.

Injured or not, kids who have been vaxed get sick an average of one a month. Their bodies are too busy fighting off artificial sickness introduced by the vax that they can't fight off bacterial infections well, if at all.
07:52 PM on 02/25/2008
I believe all children with “autism” have underlying problems that vaccines, their toxic ingredients, and live viruses aggravated and caused "symptoms” mimicking autism. I also believe mercury, in a large number of cases, caused mercury poisoning. Mercury poisoning also mimics “symptoms” of autism.

My child with “autism” suffers from a constellation of illnesses, oxidative stress, and a rare rheumatoid auto-immune disease. Her “autism” is not just from the neck up, or “all brain” related. Genetics are not the sole cause of her daily struggles, illnesses and suffering.

I read the alphabet soup of government health agencies denying a link between MERCURY and AUTISM, but they cannot deny MERCURY EXPOSURE could cause MERCURY POISONING. A SAFE level of ethel-mercury via injection has NEVER been established. The vaccine was the delivery system for the poison.

Any medical professional who claims even a trace amount of mercury is safe by injection, should return to elementary school for science class or have their medical license taken away.

I hope the medical community and the government will someday rally around our children and find ways to help them instead of spending millions looking for an elusive autism gene that does not exist. I also wish they would understand the parents are not the enemy, they want help for their children and to ensure vaccines are safe.

Remove the toxins from the vaccines and make them safe for America’s babies.

Lanier’s Mom
09:40 PM on 02/25/2008
Do you know that the symptoms of mercury poisoning are distinct from the symptoms of autism?
cruisin' duality
06:05 PM on 02/26/2008
Do you really think children, especially babies really need so many vaccines? I brought up 3 children with no vaccines with no health problems.Oh yes, one had an ear infection sometimes after swimming and my son got Giardia once while traveling but they they remain extremely healthy. The body has the ability to heal itself, especially if protected by breastfeeding and modern sewage and water systems.We are confusing our childrens immune systems we these massive influx of multiple antibodies at once.
07:30 PM on 02/25/2008
After "conceding," can the federal government take it up to the Supreme Court? It seems a fair reading of the court's decision granting immunity to manufacturers of medical devices which were approved by the FDA would also result in immunity for all the drug companies and doctors who administered vaccines.

In fact, it's even possible this court court is just setting the stage for a holding that since the federal government approved the wiretapping of citizens' phones and bugging of our e-mails, that means the telecommunications industry is given immunity. Even if Congress won't, the Supreme Court will.

Anyway, given the extremely pro-corporate bias of this court, I wouldn't break out the champagne on any injured consumer claim. I suspect their goal is to simply say citizens can never sue businesses, no matter what. The Republicans will call it the Roberts Doctrine. Some people will call it fascism.
cruisin' duality
07:21 PM on 02/25/2008
The U.S. gov'nt has ahistory of deceit when it comes to vaccines.Although it was known that polio vaccines grown on monkey cultures were contaminated with a late appearing cancer virus the gov'nt preferred not to notify people and continued vaccinating with it.They were afraid it could decrease the public's trust in their nwely founded public vaccination program.As a result many people died of the cancer 30 -40 yrs later....
06:53 PM on 02/25/2008
Of course, thimerosol has been present in any children's vaccines given since the year 2000, yet the frequency of autism has actually increased.

Hate to spoil the party.
06:58 PM on 02/25/2008
Oops. I meant to write thimerosol has NOT been present since 2000.
07:04 PM on 02/25/2008
Actually it is still present. It was removed for preservative use with a few exceptions such as the flu shot. Mercury still remains in the other vaccines (such as DTP, HepB) as residual left over from the manufacturing process. One can say it's preservative use has been removed and be correct but one cannot say it has been completely removed.

Kids are still getting mercury and in now more shots that any other time.

Mercury may not be the only problem either in a one size fits all program.
07:40 PM on 02/25/2008
Thimerisol in vaccines has not been banned. Manufacturers have been removing it on a voluntary basis only. Since the purpose of using a mercury based preservative was to create a vaccine that could sit on a shelf forever, there are massive stockpiles of vaccines manufactured before the manufacturers devised the mercury free formulas, and they are still being used. The only sure way a parent can guarantee their child is getting thimerisol free vaccinations is to insist on reading the ingredient label on the packaging.

The truth is, children aren't being exposed to significantly less mercury now than they were at the turn of the century. Hate to spoil the party.
12:12 AM on 03/10/2008
Thimerosal was used to keep multi-dose vaccine bottles sterile. It has nothing to do with shelf life. By Feb., 2002, 98 percent of pediatric vaccines on clinic shelves were thimerosal free.
06:29 PM on 02/25/2008
KYODO, Japan, Feb. 25 (UPI) -- The Japanese government is bracing for a flood of damage suits from hundreds of people who contracted hepatitis B through mandatory childhood vaccinations.

Lawyers for the victims say the first suits will be filed in late March by a group of some 20 people who are seeking compensation of between $139 million and $555 million each, Kyodo News reported Monday.

Other groups are expected to follow in April, filing their cases in 11 district courts across Japan, the lawyers say.

Last month the Diet enacted relief measures for people who contracted hepatitis C from tainted blood products after Japan's Supreme Court ordered compensation for five hepatitis B victims, Kyodo said.

Japan no longer mandates vaccinations against certain diseases due to side effects that prompted a number of lawsuits.
05:44 PM on 02/25/2008
In December of last year (2007) just less than 2 months ago, States in the USA passed mandatory laws enforcing USA infants to receive MORE brain destroying chemicals in their added vaccine schedules – thimerosal laced vaccines at 25mcg per SHOT.

If you have to ask why journalists are reporting about the harm from this chemical then obviously, you are like the regulators of our country living in some ‘Dream World’ where magically, the world’s most toxic non radioactive element is transformed into some IQ improver as it destroys brain cells if it is diluted evenly through the childs body.

Fortunately in the survival of the fittest; even these mercury toxified children can survive such insults or at least 3 out of 4 can. One in four becoming asthmatic or worse. In addition 499 out of 500 of these children don’t actually and coincidently die at this time.

Perhaps with grown up children it is not a problem to you or perhaps your children easily passed this modern day rerun of Spartan upbringing?

But if you have one dead baby, 6 hours, after a mercury laced vaccine, you can TRUST the Government to house, feed and look after you for life.

Sally Clark for example stands as the best example of how the Government take such people to their bosom.

Sentenced to life in prison, they then injected her with toxic mercury (in case she passed on HEP B to the warders?) like her son Harry received 6 hours before struggling for breath and dying.

Sally of course being bigger and tougher lasted a few years until she passed away at the great age of 42.

The government had the last laugh though, for in a rerun of denial over vaccine harm they left her diabetic vaccine induced body to‘ferment’ before autopsy and then blamed her death on the odd 28 double whiskies they claimed she secretly drank at home while no one was looking the night before.

We are all in this together
04:48 PM on 02/25/2008
We continue to fulfill our duty as parents to take this as far as necessary to expose the truth and get justice for our son.

Thank you for your outstanding moral character by continuing to shine the spotlight on these events and the facts surrounding them.

We will prevail in the end no matter the cost.
04:40 PM on 02/25/2008
"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?"

Dan Olmsted draws the same "fine distinction" when he claims the Amish children he missed don't have the kind of autism he was looking for.
12:15 AM on 03/10/2008
I don't get Olmsted, he says the Amish children with autism at the Clinic for Special Children aren't really autistic because they don't have classic Kanner's autism. But the Poling girl isn't Kanner's either but for the purpose of promoting the great autism conspiracy her diagnosis is good enough.
In the immortal words of Socrates, "I drank what?"
04:39 PM on 03/10/2008
Because our medical industry determines how it classifies and treats a condition by its symptoms. Since she has autism-like symptoms, the medical community, (you know, that big group of people you work for?) they have given her a diagnosis of Mitochondrial disorder that only mimics autism. Its medical and lawyer double speak, but she has autism nonetheless.
04:39 PM on 02/25/2008
More food for thought:

Lombard J. Autism: a mitochondrial disorder? Med Hypotheses 1998; 50(6): 497-500.

Michelle L. Humphrey, Marsha P. Cole, James C. Pendergrass and Kinsley K. Kiningham. Mitochondrial Mediated Thimerosal-Induced Apoptosis in a Human Neuroblastoma Cell Line (SK-N-SH). "[T]hese findings suggest deleterious effects on the cytoarchitecture by thimerosal and initiation of mitochondrial-mediated apoptosis."

Shenker B. J., Guo T. L., Shapiro I. M. Low-level methylmercury exposure causes human T-cells to undergo apoptosis: evidence of mitochondrial dysfunction. Environ Res 1998; Section A 77(2): 149-159.
05:31 PM on 02/25/2008
Nancy, don't you realize that Medical Hypotheses will publish just about anything? I'm not saying there aren't any reputable studies to back up whatever point you're trying to make. But Medical Hypotheses? How seriously do you expect to be taken?
02:12 PM on 02/26/2008
Food for thought, not journal snobbery. But if argumentum ad hominem is your forte, then let's think about the honesty and ethics of the AAP journal Pediatrics and its pharmaceutical company ties.
02:14 PM on 02/25/2008
Sealed records eh? Guess they seal them because there is really nothing for anyone (researchers or journalists) to see.
04:44 PM on 02/25/2008
Actually, the records are sealed because they are of a private, medical nature. Would you want your family's health records open to the rest of the world? If Mr. Kirby wants to know more, he could call the petitioners and ask them some questions.
07:17 PM on 02/25/2008
The sealed records are at the government's insistence, not the request of the family.

As part of settlements in the court, the government places a gag order on the petitioners.

If the case wasn't conceded then other petitioners could use that info in their hearings or later in civil suits if the petitioners decide to go that route.

That is probably more of what the HHS and pharmica do not want - for the info to become public and brought into a civil suit. Thus it was more of a tactical move to prevent that from happening.
04:56 PM on 02/26/2008
Absolutely... Especially if it could possibly help someone else in the same situation. I think most people, at least people with special needs kids, feel that way. We're all in the same boat.
In the immortal words of Socrates, "I drank what?"
10:21 AM on 02/26/2008
Of course they are sealed? Why would the government, and the vaccination companies who fund our illustreous leaders, want information like that to get out to the public or media? My goodness, the people might lose faith in our government.

Oh wait, that's already happened.

The government and Merck (among others) wants to insure that this information stays under wraps. The family didn't seal the records, they did.
01:43 PM on 02/25/2008
If only it were worth my time to list the fallacies in this article one-by-one, but I don't have an entire day to devote to it. Suffice it to say, a single out-of-court settlement, about which there seem to be no details available, does not scientific research make. Scientific studies have repeatedly refuted a causal link between vaccines and autism. That's not to say that the risks of vaccines aren't worthy of continuing study, but that study should be conducted by trained professionals, not inferred by journalists based on sealed court records.
03:48 PM on 02/25/2008
This is not the inference of a journalist, these are the words of the Government--please read them again:

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."
06:26 PM on 02/25/2008
How do we know whose words these are? Mr. Kirby bases those paragraphs on "secret documents". Let's show some skepticism, people.

If this concession was a smoking gun, then why would it make legal sense to drop the whole case from the Omnibus? I mean, didn't the petitioners agree to the respondent's motion?
01:53 PM on 02/26/2008
"which ultimately resulted in an ASD diagnosis."

Where are you finding this? I reviewed the document, and I've yet to see where this child was ever officially given an Autism diagnosis. She was said on several occasions to have "autistic features" which is common in both encephalopathy and mitchondrial disease. A child at one time presenting (especially as a toddler) with "autistic features" may not go on to receive a diagnosis of Autism at a later age. In this case, the child was diagnosed with oxidative phosphorylation disease.
In the immortal words of Socrates, "I drank what?"
10:03 AM on 02/26/2008
The thing to keep in mind is that these "scientific studies" were funded and sponsored by the FDA and the vaccination companies, 2 groups who have a vested interest in keeping this information under wraps.
01:41 PM on 02/25/2008
You are so right David, this is big new! I find myself gasping at the similarities to which my son regressed into autism and this girl's regression. Same scenario, same symptoms, varying just slightly. My pediatrician did run mito blood tests but admitted he did not know what he was looking for, they looked "fine" to him. No muscle biopsy was done. However, this is the same story I hear over and over again from parents of children who regressed. I think there is a MUCH larger subset of kids that fit this profile and it's gone on ignored for far too long.

I object to the removal of this case as a test case because I believe a large number of us are in the same situation, not just one child, but a host of children whose conditions will not be represented in this court, we are not a participant in the court case but the participants who are in these test cases are representing all of us for answers to this devistating disorder. Where is the justice for us in removing this case??