David Kirby

David Kirby

Posted: February 25, 2008 12:42 PM

Government Concedes Vaccine-Autism Case in Federal Court - Now What?

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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.

In fact, the government's concession seems to raise more questions than it answers.

1) Is there a connection between vaccines, mitochondrial disorders and a diagnosis of autism, at least in some cases?

Mitochondria, you may recall from biology class, are the little powerhouses within cells that convert food into electrical energy, partly through a complex process called "oxidative phosphorylation." If this process is impaired, mitochondrial disorder will ensue.

The child in this case had several markers for Mt disease, which was confirmed by muscle biopsy. Mt disease is often marked by lethargy, poor muscle tone, poor food digestion and bowel problems, something found in many children diagnosed with autism.

But mitochondrial disorders are rare in the general population, affecting some 2-per-10,000 people (or just 0.2%). So with 4,900 cases filed in Vaccine Court, this case should be the one and only, extremely rare instance of Mt disease in all the autism proceedings.

But it is not.

Mitochondrial disorders are now thought to be the most common disease associated with ASD. Some journal articles and other analyses have estimated that 10% to 20% of all autism cases may involve mitochondrial disorders, which would make them one thousand times more common among people with ASD than the general population.

Another article, published in the Journal of Child Neurology and co-authored by Dr. Zimmerman, showed that 38% of Kennedy Krieger Institute autism patients studied had one marker for impaired oxidative phosphorylation, and 47% had a second marker.

The authors -- who reported on a case-study of the same autism claim conceded in Vaccine Court -- noted that "children who have (mitochondrial-related) dysfunctional cellular energy metabolism might be more prone to undergo autistic regression between 18 and 30 months of age if they also have infections or immunizations at the same time."

An interesting aspect of Mt disease in autism is that, with ASD, the mitochondrial disease seems to be milder than in "classic" cases of Mt disorder. In fact, classic Mt disease is almost always inherited, either passed down by the mother through mitochondrial DNA, or by both parents through nuclear DNA.

In autism-related Mt disease, however, the disorder is not typically found in other family members, and instead appears to be largely of the sporadic variety, which may now account for 75% of all mitochondrial disorders.

Meanwhile, an informal survey of seven families of children with cases currently pending in Vaccine Court revealed that all seven showed markers for mitochondrial dysfunction, dating back to their earliest medical tests. The facts in all seven claims mirror the case just conceded by the government: Normal development followed by vaccination, immediate illness, and rapid decline culminating in an autism diagnosis.

2) With 4,900 cases pending, and more coming, will the government concede those with underlying Mt disease -- and if it not, will the Court award compensation?

The Court will soon begin processing the 4900 cases pending before it. What if 10% to 20% of them can demonstrate the same Mt disease and same set of facts as those in the conceded case? Would the government be obliged to concede 500, or even 1,000 cases? What impact would that have on public opinion? And is there enough money currently in the vaccine injury fund to cover so many settlements?

When asked for a comment last week about the court settlement, a spokesman for HHS furnished the following written statement:


"DVIC has reviewed the scientific information concerning the allegation that vaccines cause autism and has found no credible evidence to support the claim. Accordingly, in every case under the Vaccine Act, DVIC has maintained the position that vaccines do not cause autism, and has never concluded in any case that autism was caused by vaccination."

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?

For most affected families, such linguistic gymnastics is not so important. And even if a vaccine injury "manifested" as autism in only one case, isn't that still a significant development worthy of informing the public?

On the other hand, perhaps what the government is claiming is that vaccination resulted in the symptoms of autism, but not in an actual, factually correct diagnosis of autism itself.

4) If the government is claiming that this child does NOT have autism, then how many other children might also have something else that merely "mimics" autism?

Is it possible that 10%-20% of the cases that we now label as "autism," are not autism at all, but rather some previously undefined "look-alike" syndrome that merely presents as "features" of autism?

This question gets to the heart of what autism actually is. The disorder is defined solely as a collection of features, nothing more. If you have the features (and the diagnosis), you have the disorder. The underlying biology is the great unknown.

But let's say the government does determine that these kids don't have actual "autism" (something I speculated on HuffPost a year ago). Then shouldn't the Feds go back and test all people with ASD for impaired oxidative phosphorylation, perhaps reclassifying many of them?

If so, will we then see "autism" cases drop by tens, if not hundreds of thousands of people? Will there be a corresponding ascension of a newly described disorder, perhaps something like "Vaccine Aggravated Mitochondrial Disease with Features of ASD?"

And if this child was technically "misdiagnosed" with DSM-IV autism by Dr Zimmerman, how does he feel about HHS doctors issuing a second opinion re-diagnosis of his patient, whom they presumably had neither met nor examined? (Zimmerman declined an interview).

And along those lines, aren't Bush administration officials somewhat wary of making long-distance, retroactive diagnoses from Washington, given that the Terry Schiavo incident has not yet faded from national memory?

5) Was this child's Mt disease caused by a genetic mutation, as the government implies, and wouldn't that have manifested as "ASD features" anyway?

In the concession, the government notes that the patient had a "single nucleotide change" in the mitochondrial DNA gene T2387C, implying that this was the underlying cause of her manifested "features" of autism.

While it's true that some inherited forms of Mt disease can manifest as developmental delays, (and even ASD in the form of Rhett Syndrome) these forms are linked to identified genetic mutations, of which T2387C is not involved. In fact little, if anything, is known about the function of this particular gene.

What's more, there is no evidence that this girl, prior to vaccination, suffered from any kind of "disorder" at all- genetic, mitochondrial or otherwise. Some forms of Mt disease are so mild that the person is unaware of being affected. This perfectly developing girl may have had Mt disorder at the time of vaccination, but nobody detected, or even suspected it.

And, there is no evidence to suggest that this girl would have regressed into symptoms consistent with a DSM-IV autism diagnosis without her vaccinations. If there was such evidence, then why on earth would these extremely well-funded government attorneys compensate this alleged injury in Vaccine Court? Why wouldn't they move to dismiss, or at least fight the case at trial?

6) What are the implications for research?

The concession raises at least two critical research questions: What are the causes of Mt dysfunction; and how could vaccines aggravate that dysfunction to the point of "autistic features?"

While some Mt disorders are clearly inherited, the "sporadic" form is thought to account for 75% of all cases, according to the United Mitochondrial Disease Foundation. So what causes sporadic Mt disease? "Medicines or other toxins," says the Cleveland Clinic, a leading authority on the subject.

Use of the AIDS drug AZT, for example, can cause Mt disorders by deleting large segments of mitochondrial DNA. If that is the case, might other exposures to drugs or toxins (i.e., thimerosal, mercury in fish, air pollution, pesticides, live viruses) also cause sporadic Mt disease in certain subsets of children, through similar genotoxic mechanisms?

Among the prime cellular targets of mercury are mitochondria, and thimerosal-induced cell death has been associated with the depolarization of mitochondrial membrane, according to the International Journal of Molecular Medicine among several others. (Coincidently, the first case of Mt disease was diagnosed in 1959, just 15 years after the first autism case was named, and two decades after thimerosal's introduction as a vaccine preservative.)

Regardless of its cause, shouldn't HHS sponsor research into Mt disease and the biological mechanisms by which vaccines could aggravate the disorder? We still do not know what it was, exactly, about this girl's vaccines that aggravated her condition. Was it the thimerosal? The three live viruses? The two attenuated viruses? Other ingredients like aluminum? A combination of the above?

And of course, if vaccine injuries can aggravate Mt disease to the point of manifesting as autism features, then what other underlying disorders or conditions (genetic, autoimmune, allergic, etc.) might also be aggravated to the same extent?

7) What are the implications for medicine and public health?

Should the government develop and approve new treatments for "aggravated mitochondrial disease with ASD features?" Interestingly, many of the treatments currently deployed in Mt disease (i.e., coenzyme Q10, vitamin B-12, lipoic acid, biotin, dietary changes, etc.) are part of the alternative treatment regimen that many parents use on their children with ASD.

And, if a significant minority of autism cases can be linked to Mt disease and vaccines, shouldn't these products one day carry an FDA Black Box warning label, and shouldn't children with Mt disorders be exempt from mandatory immunization?

8) What are the implications for the vaccine-autism debate?

It's too early to tell. But this concession could conceivably make it more difficult for some officials to continue insisting there is "absolutely no link" between vaccines and autism.

It also puts the Federal Government's Vaccine Court defense strategy somewhat into jeopardy. DOJ lawyers and witnesses have argued that autism is genetic, with no evidence to support an environmental component. And, they insist, it's simply impossible to construct a chain of events linking immunizations to the disorder.

Government officials may need to rethink their legal strategy, as well as their public relations campaigns, given their own slightly contradictory concession in this case.

9) What is the bottom line here?

The public, (including world leaders) will demand to know what is going on inside the US Federal health establishment. Yes, as of now, n=1, a solitary vaccine-autism concession. But what if n=10% or 20%? Who will pay to clean up that mess?

The significance of this concession will unfortunately be fought over in the usual, vitriolic way -- and I fully expect to be slammed for even raising these questions. Despite that, the language of this concession cannot be changed, or swept away.

Its key words are "aggravated" and "manifested." Without the aggravation of the vaccines, it is uncertain that the manifestation would have occurred at all.

When a kid with peanut allergy eats a peanut and dies, we don't say "his underlying metabolic condition was significantly aggravated to the extent of manifesting as an anaphylactic shock with features of death."

No, we say the peanut killed the poor boy. Remove the peanut from the equation, and he would still be with us today.

Many people look forward to hearing more from HHS officials about why they are settling this claim. But whatever their explanation, they cannot change the fundamental facts of this extraordinary case:

The United State government is compensating at least one child for vaccine injuries that resulted in a diagnosis of autism.

And that is big news, no matter how you want to say it.

NOTE: Full text of the government's statement is posted here.

David Kirby is the author of "Evidence of Harm - Mercury in Vaccines and the Autism Epidemic, A Medical Controversy" (St. Martins Press 2005.

 
 
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Dear Mom who seeks an answer

After listening to the following wonderful interview, I want to take back any recommendation about getting any vaccination at this stage, till the kids are older or further information becomes available.

http://www.autismone.org/radio/mediafiles/022908%20Teri%20Arranga%20w%20David%20Kirby%20Mark%20Geier.wma

    Favorite    Flag as abusive Posted 08:30 AM on 03/10/2008

As a parent of a girl with mitochondrial disorder and autism, I have observed this upclose and personal. Here are my suggestions in my blog on how to avoid autism in a newborn and during its formative years.

http://mwebworldhealth.blogspot.com/2008/03/how-to-avoid-autism.html

    Favorite    Flag as abusive Posted 12:34 PM on 03/10/2008

Excellent link to deseases of the mitochondria and mitochodrial function.http://www.clevelandclinic.org/health/health-info/docs/1600/1678.asp?index=6957

    Favorite    Flag as abusive Posted 07:27 AM on 03/10/2008

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).”

Wow.

    Favorite    Flag as abusive Posted 07:08 AM on 03/10/2008

On the verge of my twins 6 month vacci shots, I spent a good hour reading over these comments and the references. Thank you to those of you passionate enough to reach out and present either way. I am simply not willing to take the chance my children will not get even one more chemical injected into their little bodies. What kind of hassles and fights are before me? Release forms and such? The State, once it's time for school? Anyone have a word about choosing to reject these mandatory vaccinations?

    Favorite    Flag as abusive Posted 01:13 PM on 03/07/2008
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Talk to your family doctor, and follow his recommendation. He has the training and expertise to know what you should do.

    Favorite    Flag as abusive Posted 05:15 PM on 03/08/2008

I cannot trust the doctors anymore. Especially after our family doctor prescribed Vioxx to my friend saying it is a very safe medicine. He is dead now. There is no medicine or vaccine that is safe.

    Favorite    Flag as abusive Posted 08:23 PM on 03/10/2008

Do your research before you get them vaccinated. There are conscientious objection laws in most states, and if there aren't any in your state, just request that the doctor spread out the vaccines; they must follow your wishes in this case, and most will let you do so as long as you do get the vaccines. If there are conscientious objection laws in your state, download and print the forms, and if they try to force you to vaccinate, firmly tell them no...you have that right.

    Favorite    Flag as abusive Posted 01:35 PM on 03/09/2008

I had my kid vaccinated. I could not believe the no. of injections he received. I just stood there. Speak up. It is Barbaric. And you know why they do them all together, Logistics. I always suspected that something must be going wrong in a subset of patients, who were required to mount this intense immune response. Imagine getting exposed to some the most dangerous and lethal diseases at the same time. Countless friends of mine have since demanded and gotten isolated injections, evenly spaced out. The pediatricians will give you dirty looks. They have to order them separately and nurse will take 6 times to do it rather than one. Stand firm, take your time, and do not rush it. For the first time an explanation has come out that makes sense. If there was any truth to mercury crap, we would not have continued to see cases since it was removed. The bastards, if they had any shame and cared for peoples' lives, dreams, kids, the first thing they would announce is an end to multiple injections today, not tomorrow. Also watch out for the plastics leaking into the milk acting like estrogens, inexcusable to expose boys to. Hormones in milk and meat, lead in toys, Mixtures in heparin from China killing people. I thought we pay for expensive drugs so they are manufactured here. I am happy for you and excited about your kids. Spaced out, single vaccines, will probably be safe. But you follow your conscious. It is wonderful to see a concerned mom seeking a solution. Anger, frustration, and a sense of betrayal fills me up as I write this.

    Favorite    Flag as abusive Posted 06:34 AM on 03/10/2008
- omalley313 I'm a Fan of omalley313 21 fans permalink
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The "rare person" injured by vaccines? Have you read "A Shot in the Dark", or Robert Kennedy Jr's rolling stone article "Deadly Immunity", where he states: "...the government continues to ship vaccines preserved with thimerosal to developing countries -- some of which are now experiencing a sudden explosion in autism rates. In China, where the disease was virtually unknown prior to the introduction of thimerosal by U.S. drug manufacturers in 1999, news reports indicate that there are now more than 1.8 million autistics." What about the study on autism done in the Amish community "We have about 30,000 or 35,000 children that we've taken care of over the years, and I don't think we have a single case of autism in children delivered by us who never received vaccines," said Dr. Mayer Eisenstein, Homefirst's medical director who founded the practice in 1973. Homefirst doctors have delivered more than 15,000 babies at home, and thousands of them have never been vaccinated. "
( http://www.infowars.com/articles/science/autism_none_for_unvaccinated_amish.htm )

    Favorite    Flag as abusive Posted 04:14 PM on 03/06/2008
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Which study in the Amish community. Are you talking about Dan Olmsted's Age of Autism series that we wrote for the UPI three years ago?

    Favorite    Flag as abusive Posted 05:16 PM on 03/08/2008

Compared to mainstream experts' study of 1992 vaccinated Denmark kids, 3 year old Amish study is latest.

    Favorite    Flag as abusive Posted 08:26 PM on 03/10/2008

Excellent animation of mercury in small quantities causing brain damage. If I had mercury filling, they wi=ould be out to prevent Alzheimers.

http://commons.ucalgary.ca/mercury/

    Favorite    Flag as abusive Posted 07:18 AM on 03/10/2008

My Mother was against vaccinations when I was growing up... The only one she couldn't keep me from getting was for polio. When I got a job in healthcare, I was strongly advised to get the Hepatitis-B shots. I did, and added Hepatitis-A, MMR, DPT, and tetanus over a period of around a year to make up for some of the shots I missed as a child. I also started annual flu shots.

In the months that followed, I developed an oxidative stress syndrome that eventually developed into multiple chemical sensitivities. I became so sensitive to the disinfectants I worked with in healthcare, I had to leave my career of 20 years to get away from them.

After experimenting with antioxidants for about a year, I found "Polyenylp­hosphatidy­lcholine" (PPC) Trade names "PolyPC" (from Jarrow) and "PhosChol" (from Nutrasal)... I really believe this stuff saved my life! PPC promotes integrity of cell membrains and protects against glutathione loss. This single supplement, more than anything else I have found has gotten my chemical sensitivities under control, and I now live a relatively normal life.

I believe this supplement may be helpful in treating toxic induced oxidative stress and mitochondrial injury. PPC is safe and has no side effects. I can even take it on an empty stomach without problems. I would recommend this supplement be tried by anyone who has suffered toxic effects from vaccinations.

    Favorite    Flag as abusive Posted 01:35 PM on 03/02/2008

My granson is coming up on 18 months old. He's smart, active and ahead of the curve when it comes to many children inhis age group. My question is, how can I STOP the doctor from giving him that DPT shot?

I knew all along it had to be something the government wasn't telling us. As a former member of the media, I am also outraged that there hasn't been more coverage on this story. Sre, I've seen Jenny McCarthy and Rodney Peete's wife on TV talking about their own children---but what about the average person who doesn't have the financial resources they have?

This is an excellent article which was forwarded to me by a friend. I'll have to thank him!

    Favorite    Flag as abusive Posted 12:52 PM on 02/29/2008

The first thing to do is check into your state's laws concerning conscienctious objections. Some states don't have these laws and will refuse to allow your child to enter into daycare or public schools. Personally, I homeschool 2 of my 3 children to avoid this.

Another thing to remember is that not all vaccines are bad. Just do your research beforehand. Don't accept the cocktails because a child's immature immune system can have difficulties with these. No, get one shot a time, allowing time between each shot to allow yourself to observe and see the child's reactions.

And don't worry. You are his grandparent, and your child is his mom or dad. You guys have more rights in this than the doctor, and you also have the right to tell him no.

    Favorite    Flag as abusive Posted 01:26 PM on 02/29/2008
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Be responsible - follow the pediatrician's advice, and get the kids his shots if that's what the doctor orders. There's no proof, no credible evidence, no reasonable cause for concern, that vaccines cause autism in typical, healthy children.

And for crying out loud don't count on Jenny McCarthy for medical advice. I can't believe that a grown person needs to hear that.

    Favorite    Flag as abusive Posted 11:36 PM on 02/29/2008

Can you be anymore abusive?

    Favorite    Flag as abusive Posted 12:51 PM on 03/01/2008

I listened to my daughter's pediatrician and followed full vaccination schedule until 18 months. She regressed into Autism with in 2 weeks of 18 months shots (including MMR). Now, I feel I was not a responsible parent, because I didn't do enough research on Mercury and Vaccines and blindly followed pediatrician's advice.

    Favorite    Flag as abusive Posted 08:29 PM on 03/10/2008

If you have custody of your grandson just tell the pediatrician "no". And don't let your grandson out of your sight. If you run into resistance, don't cave. Just tell the pediatrician to fuck off.

CW was alluding to exemption/waivers. Find them here: http://www.nvic.org/. Find out who the NVIC representative is in your state and ask them which type of exemption offers the strongest protection. Usually its religious.

These vaccine injuries affect boys more than girls. We didn't vax our kids, but half of our friends vaxed theirs. None of their kids had any ASD issue, but EVERY SINGLE KID we know who is vaxed gets sick once a month. Their tiny bodies are so busy and worn out fighting off artificially induced illnesses that they can't fight off common, every day stuff.

Meanwhile, 12 years later and only one of our kids has been sick, once, and that was 8 years ago. Our friends ask us why this is but stopped because they thought we were being cruel when we repeated our answer a million times: don't vax your kids. Build their immunity the natural way: breastfeed them.

That's the whole issue here: immunity. One achieves immunity by eating whole foods. If it comes in a box it's going to cause you health problems. The kids who are sick the most have one one common denominator: their parents let them drink rat poison (also known as diet/sugar-free sodas), eat too many cookies, eat too much processed foods like cereals rather than whole grains, don't drink enough water, watch too much TV and other poor eating habits.

Our kids are the model of health, and they always will be. My father, who passed away at age 95, never got vaccinated. He lived in a rural midwest community. He was sick once in his life and that was it. Ask yourself this: have they developed a vaccine against death yet? No? Then why do people still expect to achieve immunity through toxins?

    Favorite    Flag as abusive Posted 05:31 PM on 03/02/2008
- omalley313 I'm a Fan of omalley313 21 fans permalink
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I agree, I have four kids myself - initially fully vaccinated until about six years ago when my youngest had a severe reaction and I educated myself on vaccines. My sister was having her youngest of four at the same time and chose not to vaccinate. All her other children had been vaccinated and had the usual FREQUENT earaches, colds, congestion that we have come to think is normal in children. Her youngest child is soon to turn 10 years old and has NEVER been sick. She has been on antibiotics ONCE following a dog bite. Occasionally she gets a runny nose, fever - goes to bed and awakens completely well. That is proof enough for me. Know your rights. No one has the right to inject you with anything, that is why they ask your permission and you have to sign for vaccines. Get a vaccine lawyer and learn your state laws. I send a letter to the school each September from my lawyer saying it is my right to refuse vaccination and I get a letter back from the school district saying they respect my right and that they have the right in the event of an outbreak to ask me to keep my children home. That works for me. (New York)

    Favorite    Flag as abusive Posted 08:05 PM on 03/06/2008

Since my previous post was removed for some reason, I will repost it again so you can have my input.

The first thing to do is check into your state's laws concerning conscienctious objections. Some states don't have these laws and will refuse to allow your child to enter into daycare or public schools. Personally, I homeschool 2 of my 3 children to avoid this.

Another thing to remember is that not all vaccines are bad. Just do your research beforehand. Don't accept the cocktails because a child's immature immune system can have difficulties with these. No, get one shot a time, allowing time between each shot to allow yourself to observe and see the child's reactions.

And don't worry. You are his grandparent, and your child is his mom or dad. You guys have more rights in this than the doctor, and you also have the right to tell him no.

    Favorite    Flag as abusive Posted 12:12 PM on 03/03/2008

I have 2 daughters-the oldest's baby got the first shots, which I believe are milder. The other daughter's baby hasn't been born yet, but they BOTH agree that they are NOT going to get the rest of their kids' shots until after 2 years, and they said waiting until then doesn't cause any break in the shot series. The research they read shows that a baby's spinal cord is sealed closed at that age, so the shots shouldn't cause any potential brain damage. It is YOUR child-no one has to get the shots any sooner or when the dr. says-just because he IS a dr. My daughters wouldn't NOT get the shots EVER, just at the pace they feel is correct. That little girl that got the award had 5 (FIVE) shots at one time. That's an OVERLOAD for an ADULT, let alone a little girl-she is SOOO cute, too, with red hair and a little pointed chin. My kids used to get TERRIBLY sick from the shots in the late '60s-was there Thimoserol in them back then? Then the MMR shot didn't work so the oldest 2 had measles-the ped didn't even want them to come in!! When it comes to little kids who can't talk and tell you how bad they feel you really have to be on your toes.

    Favorite    Flag as abusive Posted 07:46 PM on 03/07/2008

David Kirby has long been a friend, voice and advocate for parents of autistic children. I appreciate his hard work and his attempts to bring this information into the light when there are so many agencies working against us. Its too bad that there are so many individuals, particularly in this comment thread, who call him a lazy and opportunistic journalist.

David, thank you. You are a Godsend.

    Favorite    Flag as abusive Posted 12:24 PM on 02/29/2008

I fully agree with your view. Every parent of child with Autism whole heartedly appreciate David's efforts for advocating Autism kids. Drug company agents and Junk scientists only oppose him.

    Favorite    Flag as abusive Posted 08:31 PM on 03/10/2008

Has ANYONE even read my first post here? Does anyone even realize there is more than one thing in vaccines that are known to be related to the genes that cause autism? Free glutamic acid. Please folks, we won't get anywhere if we are each only examining our own navels. Try reading each others posts and opening your minds instead of just trying to push your own point of view. Free glutamic acid makes children have trouble making glutathione. This makes mercury REGARDLESS OF WHERE IT COMES FROM more dangerous. Mercury in a kid's TUNA sandwich becomes more toxic because of free glutamic acid in the VACCINES. If you keep tunnel vision on thimerosol alone, you are missing the elephant in the room.

    Favorite    Flag as abusive Posted 12:25 PM on 02/28/2008

You are absolutely correct, carolh, and I did read your post and I agree with you. People are absorbed on the thimerosol link. It is just a key in the lock. Several factors link together to create this condition, whether it is genetic, environmental, or whatever. THe vaccines contain numerous chemicals that weaken and destroy a child's immune system. The mercury is just icing on the cake, and they combine to create a cocktail that makes these children withdraw into themselves.

What we all need to realize is that this article has a very large point that is important to all of us who have children that were injured through the negligence of the Government.

That point is this: The government has conceded and acknowledged a case where a child was injured by vaccinations. Yes, it is that simple. There is no refuting the facts here...they would not have rewarded the settlement to the family if there were no evidence of a link. Considering the amount of the settlement, it is a pretty big acknowledgement.

    Favorite    Flag as abusive Posted 01:01 PM on 02/28/2008
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That's hardly a news flash. The vaccine compensation fund was set up 20 years ago to compensate the rare person who was injured by vaccines.

    Favorite    Flag as abusive Posted 04:49 PM on 02/28/2008
- kelp I'm a Fan of kelp permalink

Does anyone have links to more information on this November 9th filing? Were vaccines blamed in general, or thimerosal in partiular? I'd like to learn more about this.

    Favorite    Flag as abusive Posted 12:54 PM on 02/26/2008
- MidwestDad I'm a Fan of MidwestDad 6 fans permalink

The petitioners agreed to withdraw the test case after the respondents conceded that vaccines aggravated Hannah's pre-existing condition. It has nothing to do with thimerosal, or MMR, or a combination of the two.

Here is a link to the full text:

http://tinyurl.com/2wlpvo

    Favorite    Flag as abusive Posted 06:00 PM on 02/27/2008

"The petitioners agreed to withdraw the test case after the respondents conceded that vaccines aggravated Hannah's pre-existing condition."

It doesn't matter that the condition was pre-existing. IT STILL AGGRAVATED IT!!!!

    Favorite    Flag as abusive Posted 01:02 PM on 02/28/2008

That is 10 vaccinations together, am i counting it right? thanks for the link. Heartbreaking.

    Favorite    Flag as abusive Posted 06:54 AM on 03/10/2008
- MidwestDad I'm a Fan of MidwestDad 6 fans permalink

Good point Chapnalli, why did the petitioners' attorneys agree to removing this case? If you want to prove that vaccines cause autism, then why agree to strike a test case with a strong vaccine-autism link?

I think the likely explanation is that the test case does not come close to proving the link. Which means Mr. Kirby's claim is suspect. He needs to release the document he supposedly has, otherwise his claim will remain suspect. How would that help our kids if Kirby's keeps everyone guessing and speculating? There's an easy way to end this right now.

    Favorite    Flag as abusive Posted 10:12 AM on 02/26/2008

David Kirby nor his "claim" are suspect. The people complicit in injecting our children with known neurotoxins are.

The document?

http://www.ageofautism.com/2008/02/full-text-autis.html

    Favorite    Flag as abusive Posted 12:27 PM on 02/26/2008
- SLSL I'm a Fan of SLSL permalink

Please go to the link above and READ THE FACTS:

This child has a mitonchondrial disorder, as diagnosed by one of the foremost experts in the field. Learn & understand mito, and realize this case has NOTHING to do with the views you have regarding autism & vaccines.

I know most here are energized by this case's decision, but there is no connection whatsoever to this child's case and the majority of you here. Furthermore, if you read the case information and educate yourself on mitochondrial disorder, it becomes apparent that solely blaming vaccines, even in this case, is utterly inappropriate. I am dumbfounded by the decision made here. With all that is known about mitochondrial diseases, its symptoms and patterns, it cannot be said whether this child would not have had a regression without the vaccines. Additionally, who is supposed to be held accountable here? This child has a DISEASE that affects every organ in her body, no one knew that when she had her vaccines. Whose fault, exactly, is that?

    Favorite    Flag as abusive Posted 01:02 PM on 02/26/2008
- Olerist I'm a Fan of Olerist 2 fans permalink

The right to "remove" the case is not really up to the attorneys but rather the parents.

    Favorite    Flag as abusive Posted 03:20 PM on 02/27/2008

I am a parent of a 6 year old boy who has ASD. Until 18 months of age, he was completely normal. He was walking, he was talking, and he was following all of the normal progression steps for a child his age (he was even a little bit ahead in some areas). Then, he had the DPT shot. The same night, his fever was at 105, and he could do nothing but scream. When we brought him to the ER, they asked us if he had received a vaccination, and we said yes. Their reply was, "Oh, this is normal." How can something like that be normal? The next day, his fever was gone, and he was listless. He hasn't spoken since. He quit walking until he was 2 and a half, and it's almost like he isn't my son anymore.

I've been keeping a close eye on this case because this has a direct effect on me and my family. Nearly every parent of an autistic child can pinpoint when the child began showing symptoms, and almost all of them will tell you that its within 3 days of a vaccination.

    Favorite    Flag as abusive Posted 10:10 AM on 02/26/2008
- MidwestDad I'm a Fan of MidwestDad 6 fans permalink

"Nearly every parent of an autistic child can pinpoint when the child began showing symptoms, and almost all of them will tell you that its within 3 days of a vaccination."

Nearly all of them? Evidence?

    Favorite    Flag as abusive Posted 03:57 PM on 02/26/2008

Before I ask you if you are a parent of an autistic child, and also before I ask how much research you've done, I ask that you at least read up on the facts. Look around at the numerous articles of parents of autistic children. Read Jenny McCarthy's story. Read Toni Braxton's story. Read Holly Robinson's story. All 3 of these parents can attribute vaccinations to their child's conditions. I belong to a large and growing community of parents of autistic children. Of the 200 and something people in the group, 90% of them can attribute the condition to a vaccination. This is called a sampling. In a situation where an accurate approximation of a large populace is impossible, a sampling is adequate scientific evidence.

    Favorite    Flag as abusive Posted 12:11 PM on 02/27/2008
- tbone99 I'm a Fan of tbone99 88 fans permalink

I am so sorry to hear of you and your sons loss and hope the best for both.I am glad that parents such as yoursef are getting the word out to other parents in the midst of such tragedy.

    Favorite    Flag as abusive Posted 05:56 PM on 02/26/2008

This is what I sent to the NIH when they were asking for information regarding autism:
I am a former food process engineer who believes, because recent studies have implicated genes which code for glutamate synapses in ASD, we should investigate the effects of both INGESTED and INJECTED excitatory free amino acids (glutamic acid and aspartic acid) on children with these “autism genes”.
If excitatory free amino acids affect ASD children, it would explain both the impact of GF-CF diets AND a vaccine link. Vaccines have free glutamic acid added to preserve the virus. It is found in extremely high amounts in processed wheat and dairy products – so much so that food manufacturers use these two items routinely to produce free glutamic acid in foods but with a “clean label”.
Consequently, a child may not improve on a GF-CF diet alone, because it doesn’t limit all potential sources of free glutamic acid – like soy. Children are tested at birth for PKU and phenylalanine is limited until the brain is hardwired by the age of 7. Why not treat the predisposition for autism similarly and limit the glutamic and aspartic amino acids in the diets of children with autism genes?
ASD also includes errors of metabolism for sulfur containing amino acids – like cysteine. Cysteine is converted to taurine and glutathione by the liver. Taurine regulates heartbeat and osmotic balance as well as bile production and was found to be low after a seizure. In ASD, symptoms include arrhythmias, digestive disorders and a high rate of epilepsy – suggesting that taurine production may be compromised. Glutathione levels are also lower in ASD leading one to conclude that possibly, cysteine metabolism may be responsible for the myriad and seemingly unrelated additional symptoms of ASD. It should be noted that glutamate interferes with the handling of cysteine. When cysteine metabolism is compromised, homocysteine levels may increase. The lower levels of glutathione may put ASD individuals at risk of mercury poisoning, since glutathione helps eliminates mercury from the body.
It should be noted that the NMDA receptors that respond to both glutamate and aspartate are found in the amygdala - part of the limbic system involved in the perception of taste and smell as well as fear. Activating the amygdala in ASD, causes gaze avoidance. ASD children may also over-react to smells and tastes and face to face encounters can overwhelm them with fear. Limiting excitatory amino acids that target the amygdala may help.
Japan consumes more MSG, and fish (a dietary source of mercury) than nearly any other country. Compared to the amount of mercury consumed in fish and the amount of MSG consumed in the diet, the MMR contribution was probably small compared to a typical Japanese diet. In Japan, the MMR vaccine was stopped in 1993. Autism rates still increased. Perhaps in Japan, the diet plays more of a role in autism than the vaccines. Children from other countries with a lower consumption of fish and MSG may find a stronger correlation between vaccines and autism.
New research studies into ASD should include people who are sensitive to the food additives MSG and aspartame. MSG-sensitive persons have reported a distinct lessening of symptoms by using taurine, ibuprofen, CoQ10, Vitamins B6 and B12, sugar, foods high in butyric acid – like butter, and Magnesium. Perhaps they share some of the same genes that predispose a child to ASD. New treatment studies should look into these easily available, inexpensive and relatively safe compounds.
Based on what I have observed, here are my recommendations:

1. Treatment of ASD?
REMOVAL of excitatory amino acids (glutamate, aspartate) from VACCINES.
Glutamate and aspartate restricted diet (similar to treatment for PKU) in addition to GF/CF diet.
Supplementation of taurine, glutathione, vitamins B6, C, magnesium, CoQ10.
Increased carbohydrate
Labeling of free glutamic and aspartic acid on food labels.
Glutamate blockers, anti-histamines and leukotriene blockers for children already suffering or getting vaccinated
We should calm their surroundings, encourage quiet tasks and less-threatening contact to enhance communication. We need to give them space and not overwhelm them.

2. Diagnosis of ASD?
Test for autism genes preferably AT BIRTH like PKU
Tests for aspartic acid, glutamic acid, glutathione, taurine, cysteine, homocysteine

3. Risk factors for ASD?
Autism Genes
Sensitivity to excitatory amino acids,
Low taurine, low glutathione
Sulfite Sensitivity
Vaccination with glutamic acid as a preservative
Damage to the microglia
Overactive immune system
“Junk food” diet
Aspartame in medications or vitamins or foods Multiple food allergy

4. Biology of ASD?
Excess CNS sensitivity,
Inability to handle sulfur-containing amino acids,
Overactive immune response – linked to Nerve Growth Factor

5. Other areas of ASD research?
Common genes in Alzheimer’s, Parkinsons, ALS, MS, and excitatory amino acid sensitivity.
Study persons without ASD who suffer from overactive CNS or neurodegenerative disease and sensitivity to excitatory amino acids. See if they share same genes.
Could Alzhemier’s sufferers simply be ADS children whose brains were hard-wired before damage by the environment?

Please see this webpage that clearly shows why a wheat and dairy based processed food diet may be very harmful to a child sensitive to excitatory amino acids.
http://www.msgtruth.org/avoid.htm

David, I hope they really investigate vaccines now - I rest my case! :)

    Favorite    Flag as abusive Posted 10:07 AM on 02/26/2008
- Gatogorra I'm a Fan of Gatogorra 11 fans permalink

This really is a multi-level blow to the pharmaceutical industry: if, in this and many other cases, it's proven that autism is not caused by a genetic brain defect but through a known process of preventable poisoning, how will the drug companies justify the use of Risperdal and other psychiatric drugs as among the "first lines of treatment" for "autistic behaviors" on the grounds that these drugs "correct genetic brain chemical imbalances"? Will they contend that Risperdal enters the blood stream with tiny knitting needles to knit back up the unravelled mitochondria? Or maybe a teeny iron-on patch kit for damaged DNA and RNA?

Because if they can't argue that these drugs are "therapeutic", then the risk/benefit model crashes. The drugs would have to be regarded merely as chemical controls, nothing more. Some families might still choose this route to control dangerous behavior, though clearly fewer would do so if the risks were presented as the only proven effects of the drugs. There would be no supposed amelioration of brain chemicals to outweigh the massive adverse effects in any case.

Of course, like the adaptive viruses that they are, the pharmaceutical companies will attempt to fit some theory to developing views as an attempt to "scientifically" justify regarding the drugs as "therapeutic" all over again. But it really is a blow to profits if the mechanism of a condition is understood to the point that it is preventable and treatable by means tailored to the actual mechanism of harm.

    Favorite    Flag as abusive Posted 09:40 AM on 02/26/2008

Let us not forget that the reason the government lawyers conceded this case was because they faced overwhelming proof that they knew they could not dispute. I wish we could have seen the mountain of evidence they were up against.

    Favorite    Flag as abusive Posted 12:30 AM on 02/26/2008
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