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Louis Conte Speaks on National Vaccine Injury Compensation Court Problems

Ad a train runs through it disorderDec 03, 2013, The NVICP (Vaccine Court) Debacle; Interview with Louis Conte on Linderman Unleashed

By Anne Dachel

Louis Conte, father of triplets, two of whom have autism, and has been involved in special courts for 30 years. His most recent endeavor has been co-authoring Unanswered Questions A Review of Compensated Cases of Vaccine-Induced Brain Injury. Louis discussed this paper as well as the recent news that Congressman Darrell Issa has cancelled / postponed the upcoming hearing into the NVICP.

The interview:

Louis gave the history of the Vaccine Compensation Program, dating from 1986 when it was created.  It was supposed to be "fair, compassionate and quick." 

He found out about 1,300 vaccine injury cases that involved brain injury.  He wanted to know how many of these brain injured kids had an autism diagnosis.

Louis Conte on the VICP: When you have "features of autism, you have autism."

He recounted that autism has been recognized as a feature of vaccine injury "from the first days of the program."  There is this "word smithing" going on where the court acknowledges that the vaccine caused a brain injury, an encephalopathy, "we understand that a consequence of that brain injury is autism, however, the vaccine didn't cause autism."

The truth is, "but for this injury, this child wouldn't have autism." 

'In looking at these cases in the program, it becomes crystal clear after a while, that it was accepted and understood within the Vaccine Injury Compensation Program that a feature of brain damage commonly was autism." 

Louis talked about the compensated cases where "a child suffered an immediate reaction to say, the DTP vaccine within really a few hours, sometimes within a few minutes, in a close proximity to the vaccination, the child suffers a seizure, there's a traumatic event.  The child is rushed to the emergency room.  There's all sorts of documentation in cases like this. And the child is clearly vaccine injured. To be clear, it's not that the child is immediately vaccine injured and becomes autistic that minute. 

"What happens classically in these cases is that the child becomes really sick. . . .  There's seizures in the picture typically.  Sometimes the child is darn near killed.  Now it's months and years later, and the matter is in front of a special master.  The special master says right now the child is developmentally disabled, has autism or autism features and is eligible for compensation based on having met the table of requirements that the program has set.

"When you read these cases, there's no doubt.  There's no doubt.  They're clear. What needs to be understood . . .  if one child suffered a vaccine reaction and came down with autism, then we know the answer to the question, do vaccines cause autism?  It's crystal clear and that's understood. . . . "

Louis went on to talk about the thousands of claim that were filed citing autism as a result of vaccine injury and the creation of the Omnibus Autism Proceedings in which certain test cases would decide the fate of all the other autism claims.  This made no sense since for years the Vaccine Court had been compensating cases of vaccine injury that included autism.

He described how the Vaccine Court functions. "First of all, the cases are not tried in an open courtroom, so there's no public record of what's gone on. . . . Everything is administrative. Everything is in the backroom.  So no one ever really got the whole picture in front of them.  However there were people who know this and understood this.  And those people worked in a little operation known as the Division of Vaccine Injury Compensation.  This is a subdivision of Health and Human Services...that had the job of assessing this cases and sometimes settling them out."

Louis was adamant, "We found 21 case decisions that laid out autism quite clearly.  There were however 60 other cases where . . . the government conceded without going for a hearing, in other words, without contesting it."

Louis explained how he had done his research, how they'd filed FOIA requests for information on the cases of vaccine injury that had been compensated by the government.   The government replied that they could get "redacted information five years from now.  It would cost $750,000 to get this information." 

These investigators then had to glean as much information from public records and call families on the phone.  Incredibly, of the total number of compensated cases, 196, they were able to reach, roughly half of the victims of vaccine injury, or 83 children, had autism,

"The reports were not just the parent saying, yeah, my kid has autism.  There was some structure to this.  If the parent did not use the word autism, we did not count the case. . . . We felt we should respect the wishes of the parent.  How the parent describes their kid, was to be respected, no matter what.  Those were the rules. We protected identities.  The interviews were done in a structured fashion.  If a parent didn't want to participate, they didn't have to.  In many instances, the parents provided us with medical information, critical information supporting their claim that their child has autism. So this is not just we called a bunch of people and the parents said, yeah, yeah, yeah, my child has autism. There was medical documentation, there was a clear structure to this, which is why this was published in a peer reviewed law journal. . . . And to this day, no one from the federal government has denied our findings. They criticized us for not doing good science, which I find to be laughable.  We published in a law journal. . . . We didn't do any science.  What we did was common sense.. . ."

"And so at the end of the day you come to the conclusion that the federal government knowingly compensated children.  The folks in the Division of Vaccine Injury Compensation . . . understood that brain damage as a result of vaccine injury often features autism.  They then however constructed the Autism Omnibus Proceedings to determine if vaccines cause autism."

"The program was supposed to be fair, compassionate, swift. . . . 

"What I encountered . . .  was several parents who were really offended that the government didn't disclose this information to everybody. This information is not the property of the pharmaceutical industry, it is not the property of a government agency.  Taxpayer fund the Injury Compensation Program.  This information belongs to us and if vaccine injury has been triggering autism, that is information that should have been publicly discussed, publicly announced, so that researchers could begin to get their arms around this.  Instead, this information has been withheld. It was withheld from the five thousand litigants. . . .  When you read the mission statement of the Department of Health and Human Services, it says that our job is to take care of the nation's health, particularly those who are least able to take care of themselves."

 Next Louis and Curt discussed the cancellation of the House Government Reform and Oversight Committee hearing on the NVIC. 

(Also see Louis Conte's Nov 25, 2013 article on Age of Autism )

"We published a paper. The name of our paper is Unanswered Questions from the National Vaccine Injury Compensation Program, a review of compensated cases of brain injury.  It's in the Pace Environmental Law Review in May, 2011.  . . . We asked for certain things at the end of the day, really two things. The first thing we wanted was an independent assessment of the health outcomes of all of the people the federal government has compensated for vaccine injury. In other words, let's finally get our arms around what vaccine injury looks like, because there's a population of people here who the federal government has compensated for vaccine injury--it's not me saying they're vaccine injured.  It's not their parents.  It's the federal government saying we believe these people to be vaccine injured because they met the requirements of the compensation program and we're paying them.  What do they look like?  How many have autism? How many have seizures?  How many have other disorders?  How many have demyelinating disorders?   How many of them have MS?  How many of them have died? What is the present health outcome now?  All this sort of information that again belongs to the American people, not the government.  That was the first thing we asked for.

"The second thing we asked, we felt Congress, which had established this program in 1986, ought to have a hearing and bring people in and explain what's going on here.  . . .  The name of our paper is Unanswered Questions and we want some of those questions answered.  Congress is the only venue to do that.  There were a series of hearings held over the last several months, I met with Darrell Issa, other people met with Darrell Issa, members of the Canary Party, Dr. Brian Hooker, Robert Krakow, Mary Holland,  We all met with Darrell Issa at different times.  Congressman Issa wanted to focus on the Vaccine Injury Compensation Program.  A lot of this was generated by what our paper found.  A lot of this was generated by young ladies injured by Gardasil.  So it wasn't just the autism community.   . . . "

Louis then brought up the Autism Omnibus Proceedings and the case that was pulled out of those cases.  "'Child Doe 77' (Hannah P.) was pulled out and settled. . . . That one case was to be a test case. And the government pulled that child's case out and compensated the child on the side.  One gathers from what occurred, in the press clippings . . . that that child was to be compensated quietly as all the other cases had been quietly compensated over the years. However, information leaked out--I don't know how. . . .

"So the Omnibus Proceeding begin with pulling a case out and saying, we concede this case.  . . .  and then the Omnibus Proceedings run their course and the Special Masters issue these scathing rulings [on the test cases] . . . and so this is what we want Congress to look at.  Darrell Issa was willing to do it. . . . "

Louis talked about Darrell Issa: "Having looked in Darrell Issa's eyes, there was one reason he wanted to do it and that was I think he understood something really wrong had happened here. . .

"Having spoken to enough people, he become to be really concerned about this. . . .

"I think he was concerned if we're going to have a program of vaccination, that you have to take care of the injured."

"We need to remember, you can not sure a vaccine manufacturer for their product.  If you feel a vaccine injured you or your child or a family member, you cannot sue the manufacturer.  You have to go through this program.  This is the only venue. . . .

 Curt Linderman then talked about his child being vaccine injured.  "I had one of those children that were almost immediately injured by the vaccines.  It was within . .. a four hour period where my son had the damage done to him. . . ."  Curt described how they spent three years being told by doctors that vaccines couldn't have done this.  They didn't find out about the compensation program until after the statute of limitations had run out on filing an injury claim.

 Louis: "You have to file within three years of the onset of injury."  He talked about the fact that few parents know about the program. 

Anne Dachel is Media Editor for Age of Autism.


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Eileen Nicole Simon

Louis and Anne, thanks for continuing to spotlight the evil corruption in control of today’s medical profession, and thank you, Birgit, as always for your keen insights.

Autistic children are physically beautiful. We all hoped for a cure. Sadly, we have to acknowledge the reality of encephalopathy, and the encephalopathy of developmental language disorder should have been understood decades ago.

I will continue to cite the evidence reported by William Windle in the October 1969 issue of the Scientific American, that nuclei in the brainstem auditory pathway were damaged in monkeys subjected to asphyxia at birth. Subsequent research also provided evidence that brain maturation did not progress normally in the monkeys subjected to asphyxia. No one expects a monkey to learn to speak, but in human children language development begins with recognition of syllable and word boundaries in streams of speech. This requires an intact auditory pathway.

In the mid 1980s not only was the vaccine schedule ramped up, but clamping the umbilical cord immediately after birth was mandated as an obstetric protocol. Termination of placental blood flow before the first breath will cause some degree of asphyxiation. Damage by asphyxia involves breakdown of the blood-brain-barrier, which then allows vaccine components to infiltrate the compromised auditory nuclei. Antibiotics and other medicinal treatments will also pass through the damaged blood-brain-barrier.

Maurine Meleck

Anne and Lou--a great big thanks for all your hard work!



Your comment is spot on. "The earth is still flat" was a whopper of a lie spread by European elite to keep the masses in the dark. As we now know, Columbus never "discovered" America (another lie still being told to our kids). In fact there is plenty of archaeological evidence in the US that Ancient Kelts and Vikings traveled to the new world several centuries before Columbus not to mention the indigenous populations that lived here but even today are still being marginalized. The elites in Europe must have known of the New Worlds existance but kept it secret b/c they had an agenda that being an interest in claiming and colonizing this new land themselves. The masses were fed lies like the earth is flat and kept ingorant to keep them at bay. Back then people never questioned what they were told and beleived the propaganda from those in power. Anyone who did question was a threat and thus branded a heretic.

It's deja vu all over again.


Lou Conte epitomizes integrity.

Birgit Calhoun

John! I truly believe that many of the people who defend vaccination in its current form have their mind made up. They are arrogant, i.e. non-questioning, when it comes to officially sanctioned studies of vaccines. To break out of that mold you have to be someone like Linus Pauling. He already had a huge reputation when he made the out-of-the-ordinary scientific claims about Vitamin C, and he was criticized no end.

In the Middle Ages they would call people heretics when they made statements that did not fit the mold of the establishment in those days when "the Earth was still flat"(Copernicus, or Galileo). I truly think that many academics are afraid to stick out their necks to say something that threatens the current world view and possibly their careers. It's simply too risky to assail the practice of vaccination as it is done now. It goes against all they have ever known.

moon batchelder

my mom, like many others, wasn't aware that one can't simply file a lawsuit against vaccine manufacturers for injury in the same way that one can be part of a class action suit for other drug injuries.

she absolutely thought i was being a 'conspiracy theory nut' until i went online, found the 1986 act of congress that protects against vaccine suits...funded by our taxes no less!

until today she thought that one must vaccinate children in order to have them attend school in our state. don't know about other states, but all i do is bring a note from our doctor, a waiver, stating that my child doesn't get vaccines of any kind due to a bad reaction.

(however, now i homeschool, as none of the public school systems around here are up to my standards as regards teaching a child who has autism, like my daughter)

this is how tight a grip the industry has on people's minds. they merely assume that they have no choice.

i am thankful for everyone who helps to bring to light this enterprise of vaccinated our kids...and who exposes the myriad evils therein.

John Stone

Frankly, Birgit it wouldn't matter what anyone told Dorit and the gang they would simply deny it was evidence - I don't think it comes from any kind of scientific fastidiousness, it is just a bullying gambit. Oddly enough Dorit herself had the wisdom to say she couldn't comment on my son, but this would have been an appropriate line for any one of the cases that people wrote to the blog about. The know-it-alls always knew better.


Birgit Calhoun

Dorit Reiss says:
…I'm saying the parents here have no causation evidence. Most of them did not bring any, and many of them mentioned other possible causes. Bring causation evidence, we will talk.

Actually, I have met several people with actual vaccine injuries - arms that were swollen for weeks, or brain damage. Their harms were thoroughly investigated. All serious VAERS reports are investigated.

…If a parent says vaccines cause their child autism, the investigation will probably be short, because the evidence is overwhelming that vaccines do not.

But the fact that investigation does not conclude what the parent wants does not mean it did not happen.

My comment to Reiss’ statement “that the parents have no evidence” may be true in a legal sense. On the other hand, absence of evidence does not mean that evidence cannot be found. And that is true in a legal sense as well.

Reiss is not looking in the right proverbial “haystack.” She presumes that the multitude of studies actually addressed the subject of vaccine toxicity properly. She has not accepted the fact that looking for a cause includes looking in places that have not been explored. Her mindset is unbending bordering on religion. She will not accept the mindset of a true scientist.

It is a fact that vaccines cause damage. The Supreme Court says they are “unavoidably unsafe.” That alone asserts that there is evidence of harm. So how can Reiss state that “that it did not happen the way” the parent stated it. Thimerosal has never been tested on children in any study (it’s unethical to study toxins on anybody), and the MMR vaccine injection is akin to giving the child a touch of the illnesses that are in MMR. None of those vaccines (DPT, MMR etc.) are safe. The abundance or lack thereof doesn’t alter that fact.


The other thing is to demand removal of the statute of limitations on vaccine injury because it doesn't make any sense other than in the context of manipulating the legal system for the purpose of limiting awards. There should be no time limit for filing. After a child becomes so sick, parents barely sleep and have enough energy to get through each day and to make a living. There is little strength or focus left to pursue litigation for most people in this type of crisis. The designers of this travesty know that people will still be struggling even 3 years later.


All VMS's should be amended to include in bold print information about VAERS, VICP and the statute of limitations, manufacturer and lot numbers, and a signature of both the person administering and the person vaccinated should be required, with the patient getting a copy to take home.


Would, or is umbilical cord blood or tissue, or belly button tissue that falls off a good source of testing for prenatal or newborn heavy metals to use as a baseline prior to post hep b vaccination / post vaccination levels of anything?


Great job getting all that info despite the governments stone walling. Thank you so much.
Have had a dream for a while of a book, title something like ; "Eighty six cases of children who developed autism following vaccine injury", with each child having their own case history and circumstances described.
If anyone is interested and wants an extra writer, I'd love to help..

John Stone


It is a very important point because everyone is told to ignore bad adverse event "just give them some tylenol"! Recently, I raised the issue of an NIH study with Prof Dorit Reiss, the well-known vaccine expert, in which 6 in 100 infants got a temperature of 39.5C (103F) or more after MMRII but there was no follow up after four weeks. Her response:

"Fever as a side effect of MMR was known. Without reason to think it causes long term harm, why follow up?"


Which is, of course, a perfectly circular argument. Why do any research at all into the safety of vaccines given that a priori they are all safe, she might as well say.


Birgit Calhoun

Part of the problem is the statute of limitation. First you have to find out that your child was injured. You have to think of the vaccine having caused it. You have to make the connection. Some people might think that it is so obvious. It isn't. That's especially true with high-functioning autistic children as in Aspergers. If the autism was due to mercury poisoning chances are that you wouldn't even think about it because of the sometimes long delay of symptoms. Organic mercury causes severe symptoms with often a long delay in regression. If methyl mercury can do what it did to Karen Wetterhahn, then a couple of months delay of symptoms would not be unusual for someone who is toxically impaired by ethyl mercury. There is almost never any proof of mercury poisoning in a vaccine-injured person because most parents don't think of having their child tested.

Victor Pavlovic

Lou, thank you for your efforts, we have no choice but to push forward on this matter.

Laura Hayes

Thank you, Louis, so very much for your valiant and tireless efforts on behalf of our vaccine-injured children, and on behalf of ALL children, and on behalf of all whom are vaccinated. You excel at clearly and matter-of-factly presenting what is going on in the corrupt underbelly of the pharmaceutical-government beast…crimes against humanity, day in and day out. The fact that our Congressmen, government regulators, and other elected officials continue to ignore, deny, and refuse to investigate what vaccines are doing to our entire population is beyond reprehensible. They will have to answer one day for their egregious and immoral actions and inactions…tick tock goes the clock.

Thank you for fighting the good fight, Louis. God bless you and your family.

Bob Moffitt

Lou .. I agree wholeheartedly with John .. you are a "hero" for all you have done .. and .. continue to do .. for our community. Thanks.

Keep hope alive ....

John Stone

Louis, you are hero. John

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