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Texas High Court Hears Wakefield Appeal

Dr. Andrew Wakefield suit headshotYesterday, the three judges of the Texas High Court heard the appeal over jurisdiction in the case of Andrew Wakefield against the British Medical Journal and journalist Brian Deer. The case was presented by attorney Brendan K McBride, which was felt to be well-conducted. It will now be between 1 and 6 months before the judges return their verdict.

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Beth

"Maiming peoples children and then denying it (calling us liars), will never be acceptable in any society."

Right on! I'm still livid 11 years later recalling the icy words retorted by my daughter's pediatrician, "that's just anecdotal!" with a snap of her head in complete disbelief. My daughter stopped making eye contact and stopped communicating with me for weeks beginning the very day that she screamed bloody murderous screams for 6 hours after a round of routine vaccines. I honestly thought Ms. MD would show deep concern and exercise extreme caution with further vaccines. Instead, she dismissed my eye-witness account of post-vaccine side effects as "anecdotal" and ordered more vaccines full steam ahead.

Senseless, Irresponsible, Tragic.

Thankful everyday for NVIC and the thousands of parents and especially warrior moms who took to yahoo groups in the early days of groups to tell their stories.
Healthy daughter today because of them.

John Stone

Hi Christina,

Fascinating example of the Deer mode of argument. However, one thing he might very much not like to remember is that even if for a moment we leave Andy Wakefield out of it, the heap of codswallop that Judge Mitting overturned in the case of Wakefield's senior co-author Prof John Walker-Smith was manufactured by Deer in the first place targetting Wakefield and colleagues in a series of complaints to the GMC (undisclosed of course to readers of the Sunday Times while he continued to report on the story). So, while Deer continues to sneer and snarl at Wakefield it was essentially nevertheless Deer's accusations that Mitting dismantled, and a huge slap in the face for him.

Another point that Deer misrepresents (in another recent blog comment) is that while he is quite right that Mitting did nothing (directly) to help Wakefield, nevertheless the flawed evidence that Mitting dismissed in the case of Walker-Smith was identical with evidence that was being used against Wakefield. It is, of course, anomalous - not to mention a crying injustice - that nothing has been done by the GMC about the relevant findings in the case of Wakefield, or of Murch.

Only a knave, however, would want to wallow in such a mudbath of injustice.

John

Christina Waldman

Deer, Shawn Siegel, others, and me in a comment exchange: "Measles scare in the Associated Press due to upcoming jurisdictional appeal? http://www.examiner.com/article/measles-scare-the-associated-press-due-to-upcoming-jurisdictional-appeal

Christina Waldman: "Discredited by whom?" as Polley Tommey, edior of The Autism Files asked in that magazine. To destroy a man's reputation with false data, is that true discreditation?

May 22 10:12 p.m.

Brian Deer · University of Warwick

Discredited by whom? Ah, well let's think now... Three special masters and three judges in the US Court of Federal Claims. The US Court of Appeals for the Federal Circuit. Mr Justice Eady and Mr Justice Mitting in the UK High Court. A five-member panel of the UK General Medical Council. The Lancet. The American Journal of Gastroenterology. The editors of the British Medical Journal. The Royal Free Hospital School of Medicine. University College London. The UK Legal Services Commission. An independent panel advising the Commission, and three High Court judges reviewing its decisions. Wakefield's own lawyers in Wakefield v Channel v and Ors, who advised ending his funding. Wakefield's own lawyers in GMC v Wakefield, who advised ending his funding. Judge Giselda Triana, Travis County District Court, Texas. Judge Amy Clark Meachum, Travis County District Court, Texas. The American Academy of Pediatrics. The judges of the British Press Awards. The editors of The New York Times, the Wall Street Journal... And I think that's enough for now.

You silly, silly person.

May 22 2:52 p.m.

Shawn Siegel · Top Commenter

Christina's reference to the use of the term discredit as a weapon to castigate, with malice aforethought, as opposed to a revelation of wrongdoing, is apt. Used in the first sense, the BMC and Brian Deer indeed discredited the doctors Walker-Smith, Murch and Wakefield; in the second sense, they discredited themselves.

The credit, on the other hand, is easily found - in the parental attestations of compassionate care and professional, effective treatment of the Lancet kids at the Royal Free, after months and years of being caromed from one specialist to another, with doomsday outlooks, accusations of psychological disturbance thrown in the mix, and refusal to address the kids' medical problems. This should be all about health care, and it would be a breath of fresh air to see the mainstream focus on the markedly good effect on the Lancet kids of the treatment of their bowel inflammations; of the alleviation of their symptoms of autism. It would be a service to the public they claim to serve, and a critical and poignant discussion.

May 22 at 10:00pm

no words

Hmmm. I suppose this is why the BMJ and Deer would like the suit moved from Texas to Great Britain:

http://www.the-scientist.com/?articles.view/articleNo/35342/title/Scientists-Celebrate-UK-Libel-Reform/

Seems to me that libel is libel, slander is slander--and no one should be allowed to make false statements without fear of repercussions. What irony that "scientists" would be asking for such special privilege when their supposed mission is to seek the truth. Wonder exactly which scientists these are? I notice Evan Harris is mentioned.

In double-speak fashion, the law is supposedly about protecting scientific whistleblowers, but when the "peer-reviewed journals" are owned or greatly influenced by special interests/corporations, the obvious result is that the special interests/corporations have now been given additional protections FROM whistleblowers. I sometimes fear we are observing the end of free scientific enquiry.

cmo


Dr. Andrew Wakefield of the UK Speaks to the Association of American Physicians and Surgeons

The first 5 minutes covers quite a bit... banned MMR vaccines in Canada and the UK

http://www.youtube.com/watch?v=l67fWVrw8xU&feature=related

The Chinese director of pediatrics has an Autistic son, following a MMR vaccine....

*******
Son of Rupert.... James Murdoch is on the board of directors of GlaxoSmithKline who "makes the MMR vaccine" in the UK. $$$

However, much of the vaccine safety in the United States is based on the wisdom of UK journalist Brian Deer.
(Hired by James Murdoch)

The always charming Brian Deer... http://www.youtube.com/watch?v=AX2Rq1jM0mU

.....Brian Deer has spent 7 years trying to discredit a 5 page 1998 Andrew Wakefield paper on 12 children. 200 children with similar symptoms followed......http://www.here
Dr. Andrew Wakefield has written....over 140.....other scientific papers.

*******
Dr. Nancy thinks Brian Deer is a medical genus.... The Today show, January 2011

Dr. Nancy Snyderman, Matt Lauer & Brian Deer on the MMR vaccine

http://www.youtube.com/watch?v=O4mDLIug6f0



no-vac

Best of luck, Dr. Wakefield. You have already won this battle with pharma-mafia in hearts of humanity. The more they attack you, the more you grow in your heroism. The day of Nuremberg trial for pharma-media mafia is approaching.
We are always with you.

Sean MacLeod

I hope Dr Wakefield receives a just verdict so finally the rest of the world will have to think a little bit more about the safety of vaccines and also to what the mainstream media produce in general. However, if people really want to know the integrity of the Good Doctor all they need to do is listen to him speak. Dr Wakefield does not only demonstrate in depth knowledge on his subject but also shows a tremendous ability to simply listen. He calmly listens not only to the parents of sick children but also listents to the points his accusors have made against them, he patiently and graciously waits his turn to respond and does so with exceptional knowledge and truth that can not be denied.Personally I have no direct connection with autism or possible vaccine related disorders but simply find Dr. Wakefield's character a great inspiration. He is a shining star and a guiding light for the world today.If anyone wishes to improve their own sense of morality Dr.Wakefield is a very excellent role model.

John Stone

Elizabeth

They will no doubt try every technical manoeuvre, but if Brian Deer and Fiona Godlee have to undergo cross-examination in a court of law they will not like it.

John

Grannyblue

Oh, go Andy go, and thank you from the bottom of our hearts. You are the strongest person I have ever known, your name attached worldwide to bear the attack on millions of us.

AussieMum

If Dr Wakefield wins, Big Pharma will still orchestra a vicious campaign against him and then try to convince the majority of the population that the court made a wrong decision.

Once the verdict (win or lose) is announced our adversaries will be waiting in the wings, ready to pounce.

Elizabeth Gillespie

nd

If Dr. Wakefield's appeal is successful, is he still subject to the BMJ's lawsuit based on the Texas Citizens Participation Act (the “Texas Anti-SLAPP statute”) or is he home free?

Lesa W

I've had the pleasure of meeting Dr Wakefield ("Please call me Andy") on numerous ocassions and the privilege of presenting with him once at a conference in Brooklyn many years ago. He has always been so kind, especially to my son Kyle. I can only hope that this is the first step (albeit of many to come) for Andy to be vindicated and that the small, wee, insignificant, fractional speck of a faux pseudo journalist will get his just desserts as well as his overdue comeuppance! Can't wait to toast that event! Good luck Andy and family; this was a very tough road you chose to stay on. As the parents of a vaccine injured child, who subsequently developed Autism and is now (blessedly) significantly recovered, we thank you more than you will ever know! Lesa & Dave

IAngus Files

I read Deer spitting feathers (to say the least) on one of the forums today obviously annoyed. Cant say what would have put him that frame of mind ..cant think at all..

Angus

cmo

This appeal is just to see if the GMC Brits will have to come to the US to explain their witch-hunt procedures

...which is still the norm over there / teamed up with the always charming Murdoch News empire.

Good luck Dr. W.

Kathryn

I have to believe that justice will prevail. That is the world I wish to live in.

Farmer Geddon

Again obviously justice for Dr Wakefield would be fantastic.

But to be clear to those who monitor us on here , win or lose , it really will not change anything . Our protests will continue regardless . Maiming peoples children and then denying it (calling us liars) , will never be acceptable in any society .

I would think about executing your exit plan (which I'm sure is sitting in waiting , on the sidelines , for when the heat gets too great.)

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