Vaccine Case: An Exception or a Precedent? CBS News report about the Hannah Poling case
Case Study: Autism and Vaccines a TIME Magazine Report
The Case of Bailey Banks
Another case was announced in 2009, that of a child named Bailey Banks (the case had actually been won in 2007). The official ruling can be viewed here. The basics of the case are explained in this article from TIME magazine. To quote from the article:
"In the case, the parents of Bailey Banks, now 10, argued that their son had a seizure 16 days after his first MMR, in 2000. That, they said, led to Acute Disseminated Encephalomyelitis (ADEM), a rare neurological disease, which in turn led to PDD.
The first question for the court, then, was whether Bailey had Acute Disseminated Encephalomyelitis, and its answer was yes, based on medical records. It then addressed the question of whether the MMR vaccine can cause ADEM, and here there was precedent: Two previous vaccine cases, in 1994 and 2001, had led to decisions that ADEM can be caused by natural measles, mumps, and rubella infections, as well as by measles, mumps, and rubella vaccines. In Bailey’s case, the court ruled, the MMR had indeed caused his Acute Disseminated Encephalomyelitis."
As the court said in its decision,, that “Bailey’s ADEM was severe enough to cause lasting, residual damage, and retarded his developmental progress, which fits under the generalized heading of Pervasive Developmental Delay, or PDD. Additionally, this chain of causation was not too remote, but was rather a proximate sequence of cause and effect leading inexorably from vaccination to Pervasive Developmental Delay.”
In 2011 the paper "Unanswered Questions From The Vaccine Injury Compensation Program: A Review of Compensated Cases of Vaccine-Induced Brain Injury" appeared in the Pace Environmental Law Review (the full text of the paper can be downloaded from that link). You can watch a press conference that was held when this paper was released here. Some of the findings of the paper are discussed in more detail, and a number of families tell their own stories. After the ruling in favor of Hannah Poling, in which it was claimed that her case was the first and only one in which a child had been awarded damages for vaccines having caused autism, some researchers began to look around to see if this was actually true. It was found that there were over 1300 cases in which children had been awarded damages by the VICP for neurological damage caused by vaccines. Many of these cases were sealed, so they were only able to follow up on fewer than 200 of these 1300 cases. They found 83 cases in which the compensated child had autism, which is 40% of the cases that they were able to consider. Even if this were all the cases among the 1300, it results in a rate of autism 3 times higher than that of the general population.
More on this paper and it's findings can be found in this news article "Investigators Find Clear Vaccine-Autism Link Based on Government Data":
"The Elizabeth Birt Center for Autism Law and Advocacy (EBCALA) held a press conference in front of the U.S. Court of Federal Claims to release a study linking vaccine injury to autism. For over 20 years, the federal government has denied a vaccine-autism link, while at the same time its Vaccine Injury Compensation Program has been awarding damages for vaccine injury to children with brain damage, seizures and autism.
The government has asserted that it "does not track" autism among the vaccine-injured. Based on this preliminary investigation, the evidence suggests that autism is at least three times more prevalent among vaccine-injured children than among children in the general population.
The study found 83 cases of acknowledged brain damage from vaccines that include autism, a disorder that affects social interaction, language and behavior. Using publicly available information, the investigation shows that the program has been compensating cases of vaccine-induced brain damage associated with autism for more than twenty years. This investigation suggests that officials at HHS, the Department of Justice and the Court of Federal Claims may have been aware of this association but failed to disclose it."
Study Reveals 83 Individuals with Autism Quietly Compensated by Federal Vaccine Injury Court
Response to "Anti-Vaccine Proponents Claim Court Paid for Autism Cases" written by one of the authors of the paper in response to an article that appeared in Medscape
High Rates of Autism Found in Federal Vaccine Injury Program: Study Says More Answers Needed
Video of Congressional Briefing on the Vaccine Injury Compensation Program
Vaccine Court Awards Millions to Two Children with Autism (these cases appear to have been decided after the investigation published in PACE Law Review).
Learning From a Previous Autism-Vaccine Case?
Vaccine Watch: A Third Vaccine Court Case (CBS report)
This video explains in detail how "Vaccine Court" works, which is not actually a court at all and does not include the legal protections that American citizens normally have in actual court
CDC Failing to Investigate Vaccine Injuries