AGE OF AUTISM

Vaccine-Autism Decision a 'Major Disappointment' Says Autism Advocacy Community

Cedillo vs. Secretary of Health and Human Services Highlights Failure of the Vaccine Injury Compensation Program WASHINGTON, Aug. 30 /PRNewswire-USNewswire

The Elizabeth Birt Center for Autism Law and Advocacy (EBCALA) is deeply disappointed in the Court of Appeals for the Federal Circuit's decision to affirm Cedillo v. Secretary of Health and Human Services. EBCALA submitted a friend-of-the-court brief on behalf of 23 civil society organizations in January 2010 urging the Court of Appeals to reverse. In affirming the decision, the Court of Appeals failed to do justice by Michelle Cedillo and thousands of other petitioners in the Omnibus Autism Proceeding (OAP). This case, the first test case in the OAP, highlights the overall failure of the Vaccine Injury Compensation Program (VICP). As Rebecca Estepp, an OAP petitioner, said, "These are government lawyers, representing a government agency, presenting government-funded science to government judges, with no jury and no normal rules of evidence. Where's the justice in that?"

Michelle Cedillo, a 15-year-old girl, developed autism and many other severe medical problems in the immediate aftermath of her measles-mumps-rubella vaccine and other mercury-containing vaccines. Her lawyers advanced scientific and legal arguments that the combination of her mercury-containing and live virus vaccines substantially contributed to her life-threatening medical conditions. In EBCALA's view, Cedillo met the required standard of "more likely than not." While the Court of Appeals criticized some of the Department of Justice's conduct as "troubling," it did not find that the government's conduct merited reversal. EBCALA has grave concerns regarding a legal process that permitted the admission of critical evidence by the government at the last minute, not only foreclosing Cedillo's opportunity to challenge it, but unfairly precluding any inquiry into how the Department of Justice obtained the critical piece of evidence in the first place. The court's failure to inquire into this area raises serious questions regarding the due process and fair play of the VICP. Adding to EBCALA's concern was the Special Master's insufficient analysis of Cedillo's scientific biopsy results. A recent study by leading United States researchers – that the Court of Federal Claims elected not to admit – found no basis to question the reliability of the laboratory results, contrary to the government's position and the OAP's finding.

Mercury: Why Don't Pregnant Women Know More?

By Julie Obradovic

When I started eating a lot of tuna while breastfeeding my daughter, I had no idea that I was possibly poisoning her. At that time, there was no mention of mercury toxicity and certainly no alarm bell being rung over how very dangerous this particular food was. Crazy enough, I don't even like tuna (adding tremendous insult to injury), but I was getting ready to be in a wedding and wanted to get my pre-pregnancy body back a little faster than normal. Not wanting to hurt myself or my baby knowing I was breastfeeding though, I tried to pick the most nutritious foods I could find. Over and over and over again, tuna showed up as a healthy choice, a responsible high-protein alternative to chicken. And so I ate it, even though I hated it, several times a week for many weeks.

It absolutely floors me that I took every precaution known at that time to protect my baby during and after pregnancy, and yet one of the most dangerous things I could do was completely unknown to me. I didn't start working out until she was 2 months old, well after the 6 week mark they make you wait for. I didn't smoke or stay around people who did. I didn't drink, and even when I had a glass of wine at the wedding, I tossed the milk out for days. I had the house baby-proofed with locks and outlet covers. There were gates on all of the stairs. My stroller had the safest reputation. My car seat was top of the line. I bought a mini-van with a 5 star safety rating. I washed all of the clothes in the gentlest detergent. I never missed a doctor's appointment; if she needed to be there at 2 months of age, we were there on the exact 2 month date. I read to her and talked to her all day long. The list goes on. You name it. I did it. Anything for the safety and healthy development of my child.

The Fletcher Decision: The Unacceptable Face of the Medical Profession

By John Stone

The Daily Telegraph interviewed two doctors today on the significance of the Fletcher decision (HERE ):

“Medical legal experts said last night that the ruling could open the floodgates to thousands of similar claims by families who believe their children have been adversely affected by the jab.

“Dr Robin Moffat, president of the Medico-Legal Society, said: “I would have thought there will be a surge of actions as a result of this.“

“Today, everyone is money-conscious, and if a doctor makes a mistake they are all looking for compensation, and many of them get it.” “Dr Malcolm VandenBurg, a medical legal expert, said: "One case like this makes other people think that they will be able to get a similar ruling. In the past, when there has been a first ruling of this kind, it has opened the door to others." 

These remarks are utterly sickening and offensive: the paltry sum that the government have offered for wrecking Robert Fletcher’s mind and body, putting him in constant pain, and leaving his parents in perpetuity as his round the clock carers is probably a fraction of what one of these people makes in a year. How can people who talk like this make ethical decisions regarding the lives of other people? The money paid to the Fletchers will be used to make alterations to their house in order to make their lives sustainable.

John Stone is UK Editor for Age of Autism

UK Vaccine Injury Win: MMR Caused Brain Damage

By Teresa Conrick

A long and hard fight for compensation due to a vaccine injury has been won -- finally. You can read about it HERE.  This is an historic event in that this is the first UK MMR case that has won in their vaccine injury system BUT, it is not for autism, according to the media and Department of Health. This injury by MMR is for seizures, or more precisely, epilepsy.

This is what the Daily Mail reported: "He endures frequent epileptic fits and requires round-the-clock care from his parents Jackie and John, though he is not autistic. He suffered the devastating effects after being given the combined measles, mumps and rubella vaccine when he was 13 months old."

Jacki and John Fletcher are warrior parents who have persevered in their care and legal case for Robert, now 18 years old. Jackie, in a recent email to Anne Dachel, here at Age of Autism, revealed that Robert suffers from a severe seizure disorder, with an inflamed oesophagus, brain damage and has some minor autistic traits. The award stressed epilepsy as the result of his injury. That is great news but for the thousands still waiting with children and teens also injured by the MMR, the lack of the word, "autism", is baffling. Welcome UK parents, to our world, too. Here in the states, we also have heard those words, "but not autism."

Whether it is severe autism or minor autism, isn't "autism" a set of behaviors? In March of 2008, the Poling family hit the news, much like the Fletcher's now: "ATLANTA — For those convinced that vaccines can cause autism, the sad case of a Georgia girl, daughter of a doctor and lawyer, seems like clear-cut evidence. The government has agreed to pay the girl’s family for injury caused by vaccines. The 9-year-old girl, Hannah Poling, had an underlying condition that may have been worsened, triggering her autism-like symptoms." HERE.  Hannah also was compensated for seizures that did not begin until six years after the date of vaccination. HERE  

Vaccine Injury: The Fletchers and Cedillos – a Tale of Two Families

By John Stone

This weekend the British government conceded as little as possible as late as possible in the case of Robert Fletcher (HERE), the son of Jackie Fletcher, the UK’s leading vaccine safety campaigner, and director of JABS (HERE). On a bitter-sweet note the news came in just as the US health department was repulsively trumpeting its vaccine court defeat of Michelle Cedillo in the US media.

In the Fletcher case it seems likely that the tribunal conceded aware that more might come out about the case if it went to judicial review. In the Cedillo case the Federal court failed to act in its adjudication on the irregularities which Dan Olmsted reported in these columns back in June (HERE).

The UK tribunal awarded the sum of £90,000, which is neither here nor there in terms of Robert’s long term care –reduced from the standard UK vaccine damage unit award of £120,000 (because it was an old case!), and the Fletcher’s will have to return approx £10,000 to the Legal Services Commission for supporting the action.

The suffering of these two great-hearted young people and their families knows no bounds. Both are beset by seizures day and night, have extreme mobility problems, incontinence and cannot speak. There is little doubt by now that the Cedillo case has foundered in part on the difficulty of showing that the psychiatrically defined condition of autism can be caused by vaccine, although as we know there have been autism related vaccine damage awards in the US such as Hannah Poling and Bailey Banks the courts prefer to play semantic games rather than accord justice. Both families have also – like Andrew Wakefield - suffered the attentions of journalist Brian Deer. Jackie Fletcher has been on the end of endless vituperative attacks by Deer in such article as ‘Did she know about the Dough?’ and ‘The Cruelty of JABS’ while Deer himself explained how he intervened in the Cedillo case (HERE):

“That said, I am also very proud that, like the GMC, the US government sought my help in mounting its case in Cedillo (sic), copiously borrowing pages of evidence from my website and displaying some in court. I was surprised by this. I assumed that they would have sophisticated contacts with other governments and with industry, and could pretty much get what they wanted. However, on a number of occasions I would come home, find an email from the department of justice asking me for a document , and see the next day it was being run in court. Bit of a seat of the pants job by the DoJ (brought about by the plaintiffs changing their case at the last minute). Indeed, I recall supplying a key document on the O’Leary lab business, which the DoJ didn’t seem to know about just weeks before the hearing.Hence the late surfacing of Bustin and Chadwick. It was me wot done that, and I’m glad. I don’t say these things to boast, only perhaps to wonder why-if there all these grand conspiracies behind the defence of vaccine safety- governments and regulators are so untogether that a mere journalist can get ahead of them in the game.”

Or perhaps they could not do it any other way? These are two magnificent families who have always put the interests of the autism and vaccine damage communities ahead of their own, and their courage stands as a constant rebuke to the governments of their respective countries.

John Stone is UK Editor for Age of Autism.

Share Your Back To School Tips

By Kim Stagliano

This week marks back to school for a good portion of our readers.  Share your tips for a smooth start. How do you prepare your child?  Do you pack GFCF lunch each day? Is your classroom nut free? What are your fears, hopes? If you're a teacher or therapist, what would you like parents to do to make your job a bit smoother (sign IEPs without reading them isn't an option.) Me? I find a large envelope of cash in the bookbag on day one is a good start, but that could just be the Italian girl in me. My oldest starts high school on Tuesday. I'm scared to death. And I don't have nearly enough cash. KS

Kim Stagliano is Managing Editor of Age of Autism.

Support The Mason Alert To Prevent Autism Wandering and Death

Sheila and Kenneth Medlam are the parents of Mason, the five year old who left his home, within minutes found a pond and drowned. They are rallying for a "Mason Alert" and ask you to sign the petition: HERE. From the family's website: Mason Allen Medlam.

On July 27th, 2010 our darling five year old autistic son escaped through a partially opened bedroom window and ran across the street to the pond.  My oldest child,who was watching him, called me at work when she couldn't find him.  I immediately called 911, and made the twenty five minute drive home in about fifteen minutes.  While on the phone with 911, I repeatedly asked the police to check the pond, but when I finally arrived home, no one was at the pond.  I rushed over and found my beautiful boy floating face down in that awful water.  Screaming, I dove in and pulled him out and began CPR.  His little body was still pink, but his eyes were closed and his lips were blue.  The paramedics arrived minutes later and took over the CPR.  I was overwhelmed with anger and despair.  I later learned that the police hadn't been to the neighbor's pond because it was overgrown with weeds and they couldn't find it.

The doctors managed to get Mason's heart to beat and for two days we fought to keep him with us.  We said every prayer that we could say.  We begged and pleaded with God and we refused to let doctors take him off life support, but even modern medicine can't change some things, because in the end, there was no way to keep his little heart beating.  Mason died for the second time on July 29th at 7:29 am.

The 1st Annual New York Autism Fashion Show

Now featuring Taylor Morris!

Annual New York Autism Fashion Show.
The 1st Annual New York Autism Fashion Show
Friday, October 1, 2010
6:00 pm – 10:00 pm
Times Square Art Center
669 8th Avenue (between 42 & 43)
New York, NY 10036
www.timessquareartscenter.com

Click HERE to learn more, donate and/or buy your tickets.

Organized to raise awareness for children with autism, this year’s show will be supporting the Centro Interdisciplinario para el Desarrollo de la Niñez, Inc. (CIDEN) in Caguas, Puerto Rico.

As you know, early intervention and intense therapy can be life changing for autistic children and their families. Currently, CIDEN, a non-profit school that is structured like a therapy center, offers individual treatment plans that incorporate occupational, speech and language therapies in addition to specialized education and psychology.

The 1st Annual New York Fashion Show aims to raise funds -- and awareness – to directly support CIDEN and its efforts to create a larger more equipped educational environment to aid in the development of these children. We need your help to raise money and awareness to rebuild CIDEN, so that they will be able to offer these children the care and specialized education that they deserve and open their doors to more children in need.

We thank you in advance for your contribution and look forward to a beneficial partnership with you and your company. Our joint initiative will make a lasting impact on the lives of children and families affected by autism, and will ensure a brighter future for those who are less fortunate.

For more information please visit www.panchiedesigns.com.

New York Autism Insurance Bill: Protects and Serves Whom?

By Chris Petrosino

Alison Singer is going rogue. First, she admits that S7000B was drafted by Manatt, the powerful lobbying firm that represents insurance companies. Then, she attempts to torpedo the NYS Assembly campaign of Hon. Thomas Abinanti. We love it. But why would the president of an autism research foundation weigh in on a legislative matter that involves health insurance? Why would the president of that research foundation publicly chastise an Assembly candidate? There's always an end game.

In her irrelevant, but fear mongering talking points, Singer indicates that S7000B will protect parents from using unproven therapies that may be associated with autism, such as chelation (removal of heavy metals from a patient). In reality, there is no proposal on the table, by anyone, to fund chelation or any other unproven therapy. For the purposes of correcting the record, the singular chelation case to which Ms. Singer refers, involved blatant malpractice by a licensed medical professional. Ms. Singer also fails to communicate that chelation, if necessary for any individual, is prescribed by a physician (usually an endocrinologist), after rigorous blood testing uncovers high levels of heavy metals in their system.

In any event, it is odd Ms. Singer worries about anyone getting necessary, physician-prescribed insurance coverage. If insurance costs rise because a generation of defenseless, disabled children need coverage for mainstream treatments, society just has to deal with it.
We cannot take away our children's rights by a vote that is stimulated by the fear mongering talking point of “rising costs” for proven, necessary therapies. S7000B discriminates against those affected by autism by posing insurance coverage standards never before used for any illness or disability. It should not be stated that S7000B is scared of parents. All of us are scared of S7000B. Basically, we are fearful that our children will not continue to receive insurance coverage for mainstream therapies such as speech therapy and occupational therapy. And so is the Occupation Therapist Association of New York. They are on the record, asking Governor Paterson to veto S7000B. Alarmingly, a proponent of the bill, Paige Pierce, of Families Together (more on Families Together later), is reticent about the prospects for continued insurance coverage for proven therapies: "Those are all things we think will be covered," said Paige Pierce, executive director of Families Together in New York State” (HERE)

Brightness in Otherwise Dark Autism Media Coverage

By Anne Dachel

Mainstream press coverage of autism has been so overwhelmingly bad for so long that I have no expectations when I scan the news.  Newspapers and TV stations will casually announce that one percent of children have autism.  The public is left to deal with the frightening admission that no one knows what causes autism so there’s no way to prevent it.  And there’s no cure for autism.

The message in the media is that if you’re unfortunate enough to be the parent of an affected child, there’s little medical science can do.  If you’re planning to have a baby, you’ll just have to take your chances.  Most parents still hear the same thing from doctors that I did 16 years when my son was finally diagnosed at age seven.

Slowly, in isolated news reports, that’s changing.   Two stories in this otherwise long, hot media summer were outstanding.  On June 21 there was a report from ABC15 in Phoenix .  (HERE)

The title was an immediate attention-getter: “Valley doctor says moms can help prevent autism before and during pregnancy.”  Viewers watched an interview with Dr. Cindy Schneider, a local physician who is also the mother of two children with autism.   Among her comments was the statement, “The genes are the gun, the environment is the trigger.”  Those of us in the autism community who believe that toxins everywhere are having a devastating effect on the quality of our health, easily identify with that claim. 

The reporter presenting Dr. Schneider opened the story by saying, “A Valley doctor is helping moms when it comes to autism.  …There are ways to reduce the risk even before you get pregnant.”