WYETH WINS THIMEROSAL CASE

"...it is generally accepted in the relevant scientific community that autism is genetic in origin except in rare instances of prenatal exposures to certain substances at defined periods during pregnancy."

Here's a Yahoo article on the case.

Comments

[curt linderman sr]

this judge should not only be impeached, he should be brought up on charges for this travesty. there is most definately a money trail. this guy is pathetic. eventually they have to understand that they can't continue to do this without huge ramifications.

[Twyla]

If this judge does not want to hear evidence, he should retire. He is an idiot.

Since when have the causes of autism been discovered, and with such certainty? Most of the "experts" still say, "Nobody knows what causes autism..." The genetic conditions that have been found only affect some autistic people, and generally affect some non-autistic people as well, indicating that the genes only cause a predisposition or vulnerability.

Kent, or anyone else who knows -- Can the plaintiffs appeal a summary judgement? Do you think they will in this case?

Kim - I love your sense of humor.

[Sandy Gottstein]

Hi Kent, Might the fact that this judge did not allow any contrary testimony be grounds for an appeal? Thanks, Sandy

[nhokkanen]

Ahhh, how much simpler trials become when emerging science is excluded. The Federal judges wouldn't have to muck through 300,000 pages of evidence -- they could just announce "the earth is flat" and head out to the golf course.

I had thought that the whole purpose of a trial was to look closely at an issue, not whisk it away as an inconvenience. What happened in Judge Berger's courtroom is a travesty, and a reminder that in some quarters justice is denied even in this day and age.

[Kent Heckenlively]

I would be hesitant about comparing what happened in the Wyeth case to what is likely to happen in the Autism Omnibus Proceeding.

First, the Vaccine Court was established with the assumption that some people wold be harmed by vaccines. It is difficult to read the legislative history and come to any other conclusion.

Second, the standard of proof is significantly different. As you can see from Wyeth, the expert witnesses for the plaintiff were not even allowed to testify. It's kind of hard to put on a case in such a situation. By contrast, the experts were allowed to testify in this action.

Third, while from my read of the Wyeth case the court seemed to base its decision on what is generally accepted in the scientific community, the Special Masters have struck me as aware that this case is pushing the envelope of known medical science and feel comfortable doing it.

Last, when you prevent expert witnesses from testifying you don't have to comment on their evidence. In the Autism Omnibus Proceeding the Special Masters will need to comment on the evidence which has been provided, as well, in my opinion, of how the plaintiffs have challenged the government's witnesses.

If I was to make a guess, the Autism Omnibus Proceeding will more likely end up looking like the Congressional Report headed by Representative Dan Burton than the Wyeth case.

All the best,
Kent Heckenlively

[biomedmama7]

My comment was in reply to the article - not to you Holly. :)

[Stagmom]

Now now, let's not be harsh. The judge is bucking for a plum spot on the Autism Speaks' advisory board. He heard they serve caviar for lunch over at Two Park Ave.

[biomedmama7]

BS

[Holly]

I wonder when this judge will be retiring to his new home in the islands? There has to be a money trail with this one.