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Post Info TOPIC: Court awards damages in vaccination/autism case
arbilad


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Court awards damages in vaccination/autism case
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According to this blog, and the court transcript quoted therein, vaccination contributed to causing autism in a child.

Here is the analysis portion of the court document:

Medical personnel at the Division of Vaccine Injury Compensation, Department of Health and Human Services (DVIC) have reviewed the facts of this case, as presented by the petition, medical records, and affidavits. After a thorough review, DVIC has concluded that compensation is appropriate in this case.

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).

DVIC has concluded that CHILD's complex partial seizure disorder, with an onset of almost six years after her July 19, 2000 vaccinations, is not related to a vaccine-injury.

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Organist


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Unfortunately. court proof has a much lower burden than medical proof. Fringe groups are going to have a field day confusing people.

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mirkwood


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The burden of proof in a criminal proceeding is Beyond A Reasonable Doubt, which equates to it being 90% likely a crime was commited. In civil proceedings (lawsuits) the standard is Preponderence Of The Evidence, or in other words 51% likely. Big difference in standards.

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bokbadok


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I so disagree with the court finding. This autism-vaccination thing drives me nuts.

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Pt314


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The more unvaccinated kids there are, the more likely one is going to show up with autism. Then what? We will have more preventable diseases going around for no good reason.

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Duke of Mirth


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So now doctors will not want to give vaccinations for fear of getting sued. You will have to go to some government facility to recieve vaccinations. Nice!

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Jason (Formerly salesortonscom)

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Janey


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Duke - just a minor correction. The parents didn't sue the doctor. Doctors can't be sued for giving vaccines, and vaccine companies can't be sued either. The money will be paid by a govt dept - the Dept of Vaccine Injury Compensation. It's been around for several decades. Vaccines do cause injuries, very serious injuries at times. But the govt passed a law protecting doctors and vaccine companies from lawsuits because of the strong govt interest in having the population vaccinated. The govt set up a way to compensate those injured by vaccines.

It is not surprising that the Dept of VIC paid a claim for a vaccine injury - that happens dozens of times a year. What is new in this case was that the injury was autism. Typically, the injury is seizures, hospitalization for fever, brain damage, or death, but not autism.

There's always been a very small proportion of children who have been harmed by vaccines.

-- Edited by Janey at 21:33, 2008-03-03

-- Edited by Janey at 21:57, 2008-03-03

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Janey


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The Health Resources and Services Administration is going to comment on this case.  They issues a press release dated today:

http://newsroom.hrsa.gov/releases/2008/vaccinestatement.htm

Here is the list of vaccines and the injuries most typically associated with them:  http://www.hrsa.gov/vaccinecompensation/table.htm

If you're curious, here are the statistics about claims filed in vaccine injury cases, and the amount of money paid out.  In fiscal year 2008, over $34 million has been paid out in only 47 cases (the number of children injured is very small, but those injuries when they do occur are very serious): http://www.hrsa.gov/vaccinecompensation/statistics_report.htm

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Organist


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The government has a website for doctors to report adverse reactions to vaccines. I reported one there last summer (though I'm not entirely convinced this was due to the vaccine). Included in this data was the lot and batch number, state, location of the doctor that gave the vaccine, and other information that should prove useful to those studying adverse effects.

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Organist


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Did any of you hear about the heparin recall? This is a very common drug used to "thin" the blood while in the hospital and prevent future clots from forming. I was researching about the recall and found that heparin is made in China from pig intestines. Little pig farms scrape the inside of pig intestines to form a pre-heparin goup that is then processed by the factories into the actual drug. I found that disgusting, then wondered if Jews and Muslims would have a problem using heparin if they knew the origin.

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Duke of Mirth


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My bad Janey.

That is a good question Organist. It would probably be against their religion to use that drug.

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Jason (Formerly salesortonscom)

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Poncho29


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I've known alot of people who have been convinced that their children became autistic due to vaccinations. So much so that I was hesitant to give them to our two youngest children when they came around.
But, I have never really felt that was a factor in our son's case.

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Cocobeem


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Jenny McCarthy's on that cause isn't she?

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