LinkThe much awaited decision on the first test case of the Autism Omnibus was just announced - and it’s good news. They have found that the petitioners failed to make their case that vaccines caused their children’s autism, and that therefore compensation was not appropriate.
The Autism Omnibus hearings were set up to evaluate for thousands of petitions for compensation under the vaccine injury compensation program. This is a program set up in the US to compensate those who suffer adverse effects from vaccines, and it is paid for by a tax on all vaccines. This is a sensible system because it allows manufacturers to produce much needed vaccines without risking bankruptcy over fad pseudoscientific accusations - like those that took down Dow Chemical. It also more quickly and fairly compensated families, which is fair given that vaccines are somewhat compulsory in the US (although in most states it is all too easy to get an exemption).
These cases arise out of the now scientifically discredited notion that certain vaccines or something in vaccines (like thimerosal) is linked to autism. I have written extensively about this controversy, and what we can say at this time is that the scientific evidence is solidly against any link.
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I conclude that the petitioners have not demonstrated that they are entitled to an award on Michelle’s behalf. I will set forth the reasons for that conclusion in detail below. However, at this point I will briefly summarize the reasons for my conclusion.
The petitioners in this case have advanced a causation theory that has several parts, including contentions that thimerosal-containing vaccines can cause immune dysfunction, that the MMR vaccine can cause autism, and that the MMR vaccine can cause chronic gastrointestinal dysfunction. However, as to each of those issues, I concluded that the evidence was overwhelmingly contrary to the petitioners’ contentions. The expert witnesses presented by the respondent were far better qualified, far more experienced, and far more persuasive than the petitioners’ experts, concerning most of the key points. The numerous medical studies concerning these issues, performed by medical scientists worldwide, have come down strongly against the petitioners’ contentions. Considering all of the evidence, I found that the petitioners have failed to demonstrate that thimerosal-containing vaccines can contribute to causing immune dysfunction, or that the MMR vaccine can contribute to causing either autism or gastrointestinal dysfunction. I further conclude that while Michelle Cedillo has tragically suffered from autism and other severe conditions, the petitioners have also failed to demonstrate that her vaccinations played any role at all in causing those problems.
(quoting Special Master Hastings)
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