David Kirby

David Kirby

Posted: July 3, 2008 02:37 PM

Federal Court Cancels Vaccine-Autism Panel

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It was a great honor indeed to be invited to participate in the annual Judicial Conference of the United States Court of Federal Claims, which will be held this November in Washington, DC, to talk about the vaccine-autism debate in America.

The honor was heightened by the facts that the invitation was extended by the Chief Special Master of the Court, (which also oversees the Autism Omnibus Proceedings in so-called "Vaccine Court"), and that I would be appearing with an illustrious group of panelmembers.

In his June 10, 2008 "Save the Date" letter, Chief Special Master Gary Golkiewicz wrote:

The panel is tentatively titled "Vaccines: Balancing Benefits with Parental Concerns (the autism issue?)." It will be moderated by Sharyl Attkisson, a reporter with CBS Evening News. The panelists will be Arthur Allen, author of "Vaccines"; David Kirby, author of "Evidence of Harm"; Dr. Ed Marcuse, Professor of Pediatrics at the University of Washington, who has served as a member and Chair of HHS' National Vaccine Advisory Committee, and as a member of CDC's Advisory Committee on Immunization Practices; and, Dr. Bernadine Healy, Health Editor, TJS News and World Report and former Director of the National Institutes of Health. There is no doubt that this discussion will be lively and informative.

A second vaccine panel to follow is called, "Vaccine Compensation Under the Act: A Mix of Science and Policy?," and moderated by Senior Judge Loren A. Smith, who was the Chief Judge when the Vaccine Program first began at the court in 1988.

The panelists here are Kevin Conway, a family attorney since the Vaccine Court program's inception; Randolph Moss, a partner at WilmerHale, which represents vaccine manufacturers; Dr. Paul Offit, Chief of Infectious Diseases at the Children's Hospital of Philadelphia, and co-inventor of the rotavirus vaccine, RotaTeq; Marguerite Wilner, former Vice-Chair of the CDC's Advisory Commission on Childhood Vaccines; and Ruth J. Katz, Dean of the School of Public Health at The George Washington University.

"I believe wholeheartedly that the Bench and Bar must communicate periodically to improve the system of justice," wrote Chief Special Master Golkiewicz, who added that, "I believe this Conference program - the panel discussions of general vaccine policy issues and of the information underpinning vaccine compensation decisions - can provide that important dialogue."

"With these different perspectives," he said, "this promises to be an interesting discussion!"

I agree with the Chief Special Master, and thank him for including me in such an important event.

But now we learn that the first vaccine panel (though not the second one) has been cancelled, as I was told yesterday by this letter from His Honor:

I am very sorry to inform you that it was decided to cancel the panel program, on which you were scheduled to participate, as part of the Vaccine session of the Court's Judicial Conference. By way of explanation, the Court's planning process starts with defining a broad overarching theme, moves to identifying speakers, and subsequently focuses through meetings and discussions of the planning committee on actual content of the panels.

This process moves very quickly as materials must be to the printers by mid-July. As the planning of the vaccine session developed, it became apparent that the discussion anticipated from this panel did not fit the goal of furthering the Bar's understanding of litigation under the Vaccine Compensation Program before the Special Masters or the Court's judges (in fact, another non-vaccine related panel was eliminated after discussions determined that it did not meet the Conference goals of focusing on litigation related issues.)

While I have no doubt that your discussion of vaccines' benefits and concerns is extremely important to the overall understanding of the immunization program, and would be enlightening to all, it is simply a discussion not consistent with the Court's Conference but is better suited to another forum. Thank you for your support and my sincerest apologies.

I publish both letters here in the public interest, and without further comment -- though I still extend my thanks to Chief Special Master Golkiewicz for having invited the panel to speak in the first place. It would have been an interesting event, indeed.

It was a great honor indeed to be invited to participate in the annual Judicial Conference of the United States Court of Federal Claims, which will be held this November in Washington, DC, to talk abo...
It was a great honor indeed to be invited to participate in the annual Judicial Conference of the United States Court of Federal Claims, which will be held this November in Washington, DC, to talk abo...
 
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- mbaty I'm a Fan of mbaty 23 fans permalink

1. It's the schedule of vaccines, not necessarily the vaccines, but the sheer amount of vaccines given together that cause autism.
2. There is irrefutable proof that many vaccines contain known neurotoxins and heavy metals.
3. Given the weight and size of children, as well as the stages of brain development, it would stand to reason that injecting them with neurotoxins and heavy metals, as well as combining multiple effective and safe vaccines would have an effect on their development.
4. Why is anyone giving the pharmaceutical industry a free pass--remember Vioxx? How about Ambien? How about all of the doctors they have paid to sign on to dubious studies as if they wrote them or had any place in the supposed study? What about the lobbyists? And, finally, what about the ridiculous war on any drug that comes directly from a plant or is not patentable, while endless TV commercials shill drugs for made up illnesses like Restless Leg Syndrom?

    Favorite    Flag as abusive Posted 09:18 PM on 07/05/2008

I see many patients with restless leg and doubt that it is made up. Though, most of the patients believe that it is a side effect of their cholsterol medication.
Go figure LOL.

    Favorite    Flag as abusive Posted 11:10 PM on 07/06/2008

What really pisses me off about all of this is that the board that has a group that represents both sides of the argument and is more diverse is broken up, but the board that has a group has individuals who have a huge conflict of interest in the matter (like the pHARMa-whore (for Pr)Offit, Moss and Willner) are allowed to speak. Again, we all see how the government rolls over for the interests of the people with the most money.

    Favorite    Flag as abusive Posted 08:42 PM on 07/05/2008

Sad,Sad, Sad, just when you think the government is trying to do the right thing they let you down. The only way to win this thing is to take it to civil court so that everyone will hear and see the evidence and Pharma will be forced to pay trillions in damages for knowingly injuring a generation of children.

    Favorite    Flag as abusive Posted 02:51 PM on 07/05/2008
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Well, it seems that Mr. Kirby presents the debate over vaccines pretty completely.

However, what I would like to point out to the mostly liberal posters on this site is that this whole contriversy is yet another example of the slippery slope of government control over your lives. Us libertarians argue for minimal regulation, laws, redistribution of wealth and so forth. You liberals tend to argue for more and bigger government.

Most school districts require (it is not voluntary) you to get your kid immunized before they can set foot in a public school. Many liberals (and others too) have argued against this saying that parents should be able to make the call whether their children get immunized and for what. But that goes against your general dogma as government being the all wise, all knowing entity.

I think it is self evident that we should be very carefull what powers we grant government as this issue so well illustrates. Something to think about concerning your big government views.

    Favorite    Flag as abusive Posted 02:58 PM on 07/04/2008

http://voicesforvaccines.org/Our-Stories/

Nobody can argue with the data in the link above.

On the other hand, anti-vaccine folks have shown how dangerous their "evidence" is when they use it to convince parents in San Diego, the SF Bay, not to vaccinate, leading to outbreaks of measles and pertussis in those areas of California.

Children in San Diego, for example, who were exposed to a single child whose mother refused to vaccinate them were quarantined for 3 weeks.

For a look at a good report about this "debate" check out the News Hour:

http://www.pbs.org/newshour/bb/health/jan-june08/vaccines_05-22.html

Now, compare the risks of not vaccinating your kids to that of vaccinating your kids. The entire public's health depends on your choice

    Favorite    Flag as abusive Posted 12:20 PM on 07/04/2008
- Olerist I'm a Fan of Olerist 2 fans permalink

WEBSITE MEANT TO SCARE PARENTS AND CONTINUE VACCINE PROFITS OVER SAFETY

http://voicesforvaccines.org/

    Favorite    Flag as abusive Posted 02:02 AM on 07/05/2008

People on both sides of this debate have financial considerations. I'm quite certain Mr. Kirby gets some money from his book and his Age of Autism blog, his speaking engagements, etc. Dr. Gordon sells his DVD on his website.

The discussion of money cuts both ways. But whereever the supporters of voicesforvaccines come from, they have evidence to back it up.

Finally, vaccine preventible diseases are scary. So you are right on that one.

    Favorite    Flag as abusive Posted 03:07 AM on 07/05/2008

Now, compare the risks of not vaccinating your kids to that of vaccinating your kids. The entire public's health depends on your choice

Speaking as a mom with a vaccine injured child, I, unfortunately, understand the RISKS of vaccinating rather than not vaccinating.
Make an informed choice. Your child's brain and health depend on your choice.

    Favorite    Flag as abusive Posted 08:25 AM on 07/05/2008

The question is what evidence do you have to make that point ?

Thus far none.

    Favorite    Flag as abusive Posted 12:00 PM on 07/05/2008

BETTY ANN BOWSER: Before the measles vaccine, there were 3 million to 4 million cases of measles every year in the U.S. About 1,000 children developed encephalitis and 400 to 500 kids died.

Out of 3-4 million children who contracted measles. Four hundred to five hundred died. Well, out of the same number of measles affected children, by todays autistic numbers there would be 20 to 27 thousand autistic children. What is worse? A parent who has lost a child would immediately say that a dead child is worse, but as a parent of an injured child, I see the day the vaccine killed part of his brain as equally bad. You should read your link better, it does not really support your belief. But thatnks for it, I like what Dr healy said the best. The connection between autism and vaccines has too quickly been put aside.
Were the 11 children that got measles from the California outbreak vaccinated? If so, what is the argument?

    Favorite    Flag as abusive Posted 06:50 PM on 07/05/2008

Let's say, then, that we do whatever study you would like (remembering, of course, that health care dollars are increasingly scare), and you find the opposite of what you believe is true. Then what? Will you be satisfied?

I don't think so Too many people have made up their mind on this issue on reasons outside of the best, unbiased medical evidence.

And (whoever Betty Ann Bowser is), how many people were maimed by measles versus killed? You forget about the diagnosis of measles encephalitis.

    Favorite    Flag as abusive Posted 11:44 PM on 07/05/2008

Your (and the other conflict-of-interest Doctors) chart is missing some data...

Pre-vaccine era: Autism 1:10,000
Vaccine era: 1:150
Increase 6,667%

And I'll say it again: If you think that we're all nuts you had better do something different to get people to take their vaccines. We (those of us who are extremely skeptical about the safety of the current vaccine program) have raised a concern. Your response is, in effect, "shut up and take your shots". I have news for you, it's not working. Do something constructive to improve the safety of the vaccine program, or to help identify the cause of autism; otherwise you're wasting your breath.

Scaring people into taking their shots isn't going to work when the see more and more of these kids who the main stream medical community has basically abandoned.

    Favorite    Flag as abusive Posted 09:21 AM on 07/07/2008

THE NUMBERS BEHIND THE NUMBERS

In reality, autism prevalence has most likely increased because of a wider spectrum of diagnosis, diagnostic substitution (diagnosing a child with autism now who in the past would have been diagnosed with another "label"), the incentives for professionals to use autism as a diagnosis because services are now provided for these children, and of course greater public awareness of autism, which biases all of us to make this diagnosis instead of another.

Autism is a very "young" diagnosis, having only been described about a century ago--to the credit of many parents on this blog and other organizations, we've made faster and faster progress at understanding it, but saying vaccines cause simply has no evidence behind it.

For more on the numbers behind autism:

http://pediatrics.aappublications.org/cgi/content/full/117/4/1028

http://www.nytimes.com/2007/06/11/opinion/11shattuck.html?_r=1&scp=4&sq=autism+epidemic&st=nyt&oref=slogin

The second link is to an oped piece, which I generally don't recommend as a good reference, but it's written by two highly respected epidemiologists and, in clear language, explains complex concepts.

(incidentally, I have no financial conflict of interest to disclose. I do have, nor have I ever had, any financial relationship with accine makers, nor have i ever served as a speaker for vaccines or vaccine-makers.) I simply believe that vaccines are safe and effective. Like all things in medicine, vaccines have side effects, but autism is not one of them.

    Favorite    Flag as abusive Posted 10:15 AM on 07/07/2008
- Doybia I'm a Fan of Doybia 16 fans permalink

No, no, if you want a good web-site on vaccines, go to: http://insidevaccines.com/wordpress

They cite medical journal articles, the CDC and other great resources, including the vaccine product inserts. No tear-jerking stories on either side of the debate.

And they aren't selling anything at all. No ads. No products. No sponsorship from Pharma.

    Favorite    Flag as abusive Posted 11:01 PM on 07/07/2008

WEBSITES WITH NO EVIDENCE AND LINKS TO OTHER SITES MEANT TO SCARE PARENTS

Just so it's clear to people checking out those websites in the think for yourself's post, the link to sites that post a lot of essays and accusations, but no objective evidence. One is just a link to a petition for people to sign (where's it going?). The second is a Canadian website that's equivalent to many us anti-vaccine web sites.

As people visit health webistes (vaccine-related or not) please consider the following questions:
1) Who is posting the information? In other words, who is paying for it?
2) How old is the information? What's the source of the information being posted?
3) Are medical statements being backed up by strong references to evidence-based medical studies?

Whatever your position on this issue, and whatever your concerns, if you're looking for sensible vaccine information:
www.vaccinesafety.eduu
www.voicesforvaccines.orgg

Both sites are not sponsored by vaccine makers, and contain scientifically based information about vaccine safety.

Rahul Parikh, MD

    Favorite    Flag as abusive Posted 12:14 PM on 07/04/2008
- nhokkanen I'm a Fan of nhokkanen 9 fans permalink

Many of the people working for Voices for Vaccines also work for other groups that are directly or indirectly funded by pharmaceutical companies.

People would have more confidence in the immunization bureaucracy if money was spent on preventing vaccine injuries. Nothing is learned from denial.

    Favorite    Flag as abusive Posted 09:39 PM on 07/04/2008

ANOTHER CONSPIRACY THEORY? OR JUST A SENSIBLE DECISION?

Cancelling this is going to be seen by lots of people on this blog as another vaccine industry led conspiracy to hide the truth. After all, many anti-vaccine folks had to be thrilled to have their one-issue journalist/crusader on a panel moderated by another journalist/crusader (Atkinson) who could push questions like the Generation Rescue push telephone poll a couple of years back.

In reality, though cancelling all the lighting rods out and leaving the second panel intact sound like a much more civil way to discuss parental concerns, which really should be the base of this discussion, rather than the reputations, rhetoric, and agendas of the first panel.

Once again, for new readers/concerned parents, ask yourself, in all of this rhetoric, where is the true evidence that vaccines cause autism?

Rahul Parikh, MD

    Favorite    Flag as abusive Posted 11:31 AM on 07/04/2008

Can you prove to me beyond the shadow of a doubt that vaccines do not play a role in autism? No, I didn't think so. Until you can, not to sound rude, but put up or shut up.

Can I prove that they do? (I know that's your next question) In the case of my son? Yes. His last words to me (until a few weeks ago) were, "Go bye bye!" That day, he received the DTaP shot. That night, he had a 106 fever, went into convulsions, and could not stop screaming. The official medical report from his ER visit states that he received an encepalopathy that was caused by a vaccine induced fever. Pretty cut and dry to me. My son developed a swelling of his brain that was caused by a vaccine.

Now you're going to say that nothing in medicine is safe, that this is necessary for the greater good. Bullshit!!! If these vaccines aren't safe, then something better be done to make them safer! And for the greater good? There is no greater good than the well-being of an innocent child. I refuse to bow down to utilitarianism when a child is involved because they do not have a choice! You come in here and talk about how dangerous all of these childhood illnesses are, and I don't disagree with you. But 1 in 150 children are being sacrificed, and parents like myself refuse to allow it to happen to any other children.

    Favorite    Flag as abusive Posted 10:31 PM on 07/04/2008

Multiple studies have demonstrated vaccine effectiveness and safety over the past decade.

Since anti-vaccine crusaders are making the accusations against vaccines, the burden of proof lies with them. And thus far, this hasn't been achieved.

    Favorite    Flag as abusive Posted 03:01 AM on 07/05/2008

by the way: 1 in 150 kids is being sacrificed? So EVERY case of autism is due to vaccines?

That's a bold statement, one I dont think even david kirby would agree with

    Favorite    Flag as abusive Posted 12:10 PM on 07/05/2008

You say that we're causing the herd immunity to suffer because of our hysteria? Well, most of our kids have been vaccinated, which is the reason why they are autistic! And the main cause of the hysteria lies on the back of the CDC, the IOM, the FDA, the APA, the AAP, and the multitude of arrogant, condescending doctors who refuse to even acknowledge the very real concerns of these parents. They refuse to look into the fact that SO MANY parents are all saying the same thing.

    Favorite    Flag as abusive Posted 10:31 PM on 07/04/2008

Actually doctor, the problem with your attitude is that MANY medications have been removed from the market with far less proof than what you are asking for. Roto virus vac for one. Let's say for argument sake that it is not vaccines that is causing brain damage in our children. Okay. Then what else is blanketing ALL children? And why are there not a minimum of 100 different studies underway trying to disprove any of these other exposures? Ultrasound, teflon on cooking items, any number of new types of paint on the market, etc.
We actually have a medication that puts a pt at a 65% increased risk of heart, but helps diabetic symptoms. Pt's have the choice to continue to use said medication.
How is that reasonable?

    Favorite    Flag as abusive Posted 03:29 PM on 07/05/2008

"...it became apparent that the discussion anticipated from this panel did not fit the goal of furthering the Bar's understanding of litigation under the Vaccine Compensation Program..."

This is rather sad. How could objective discussion not further the Bar's understanding???

I agree with Gatogorra that you and the others mentioned should have the discussion anyway and send it to Bar.

    Favorite    Flag as abusive Posted 11:25 AM on 07/04/2008

A friends wife as a child received a vaccine shot and immediately became paralyzed. Thankfully after 6 months the paralysis wore off. Children are injured and die every day from vaccines while doctors and pharmaceutical companies make wind-fall profits. Warn everyone you know about these dangers and fight to

http://www.healthfreedomusa.org/

http://www.vran.org/

    Favorite    Flag as abusive Posted 12:46 AM on 07/04/2008

"...it became apparent that the discussion anticipated from this panel did not fit the goal of furthering the Bar's understanding of litigation under the Vaccine Compensation Program..."

and

"While I have no doubt that your discussion of vaccines' benefits and concerns is extremely important to the overall understanding of the immunization program, and would be enlightening to all, it is simply a discussion not consistent with the Court's Conference"

and

"Vaccines: Balancing Benefits with Parental Concerns (the autism issue?)"

I'm so not able to put these puzzle pieces together. Are you being blackballed? How does any discussion that may come from you NOT fit into a discussion about balancing benefits/parent concerns (autism?)?

    Favorite    Flag as abusive Posted 10:50 PM on 07/03/2008
- Gatogorra I'm a Fan of Gatogorra 17 fans permalink

Maybe you could ring up Dr. Healy and any others who are so willing and have the discussion anyway, then publish the results.

The panel which was not cancelled sounds heavily weighted towards the vaccine industry. I'm sure Mr. Conway would appreciate some more company on his side of the table-- or some combat pay for having to sit in a room with Offit.

    Favorite    Flag as abusive Posted 07:13 PM on 07/03/2008
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