Finally my work is vindicated!
Government Concedes Vaccine – Autism Case in
Federal Court – Now What?
By David Kirby
February 25, 2008
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.”
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