Attorneys for the Families (Petitioners)

Attorney Tom Powers came out swinging for the families with his claim that thimerosal has been the subject of an enormous, uncontrolled experiment on children.  Although thimerosal has been removed from most pediatric vaccines it is still in flu shots routinely given to pregnant women and infants.

Mr. Powers attacked the Department of Justice as working hand-in-hand with the Department of Health and Human Services, HMOs and vaccine manufacturers to cut off scientific inquiry into the question of vaccines and autism, and posited the most egregious example as the continued blockage of information from the Vaccine Safety Datalink.

Powers leveled further accusations against the Department of Justice and Health and Human Services for trying to keep the Omnibus Proceedings secret.

Powers then laid out the main roadmap of the evidence he expected to present, namely that the “gene-environment” interaction between susceptible individuals and thimerosal-containing vaccines led to neuron-inflammation, and subsequently, autism.

Also on the side of the families was attorney Williams who laid out the evidence he expected to present, namely articles on autopsies if the brains of children with autism which showed evidence of neuron-inflammation and the subsequent disordered development of brain cells. 

Williams noted that neuro-inflammation can be triggered by various causes, including viruses and chemicals.  It is well-established that inorganic mercury can cause neuron-inflammation.

Williams next attacked what he expected to be some pillars of the defense’s case, namely epidemiological studies from Europe.  However, none of those studies looked specifically at regressive autism.  He also reviewed environmental studies which showed that the medication Tributalene given to pregnant women made the infants more likely to become autistic.

According to Williams, only gene-environment interactions can explain the autism epidemic.

Attorneys for the Government (Respondent)

While Ms. Ricciardella noted her respect for the families and the care of their children with autism she claimed the issue was settled scientifically, and that the only controversy which remained was the public one.  She pointed specifically to the 2004 Institute of Medicine report.

She also seemed to suggest that the courtroom wasn’t the place for these issues to be decided, but from the scientific community.

Rebuttal by Family Attorneys (Petitioners)

Powers pointed out that they have complied approximately 275 articles which have implications for the vaccine-autism theory since the 2004 IOM report.  These theories are testable and the result of the 2004 IOM report was to prevent those studies from being done.

Direct Examination of Dr. Greenland (Witness for Families)

The main thrust of Dr. Greenland’s testimony was that the use of epidemiological data was “too crude a tool” to tease out the minority of regressive autism cases.  He also pointed out that the foreign studies included countries in which the thimerosal dosage was half of what it is in the United States.

Dr. Greenland made it clear that in his opinion none of the studies yet presented have ruled out an association between thimerosal-containing vaccines and autism.

Cross-Examination of Dr. Greenland (Witness for Families)

Most of the cross-examination seemed to center on whether the existing epidemiological evidence disproved the hypothesis of a link between regressive autism and thimerosal-containing vaccines.

Direct Examination of Dr. Aposhian (Witness for the Families)

The bulk of his testimony covered the Pinchero 2002 and 2008 De Soto studies showing that ethyl and methyl mercury have similar toxicities.  He discussed the probably causation pathway and said that the proposed “mercury efflux disorder” was little different than Wilson’s disease, a well-recognized copper efflux disorder.  The model under which most doctors practice, that “the dose determines the poison” is probably outdated in light of these current findings.

Dr. Aposhian also directed attention to the drug Tributalene, which has been found to cause autism through neuron-inflammation.

Cross-Examination of Dr. Aposhian (Witness for the Families)

Most of the cross-examination centered on Dr. Aposhian’s credentials and questions as to whether the belief that “dose determines the poison” is still a valid concept.

Concluding Thoughts on this Day of Testimony

From what I’ve been able to read it seems that the attorneys for the families have really come out swinging.

I thought it was brilliant to again bring up the barring of access to the Vaccine Safety Datalink.  That’s something that everybody understands.  Oh, you’ve got a list of all the claimed reactions to vaccines, can I see them?

When the answer is no, as it has been, it raises the inevitable question of what is there to hide?

Also wonderful was the assertion of lots of new research data since the publication of the 2004 Institute of Medicine report which claimed research into this question was counter-productive.

Comparing the mercury efflux disorder to Wilson’s disease, a known disease involving the retention of copper was masterful.  When you’re breaking new ground like this it helps to show it as an extension of previous knowledge rather than something completely new.

The claim that the European studies were not comparable because of the lower amount of thimerosal was also effective from a tactical view.  The Special Master is going to say, “I’ve got these studies from Europe.  Tell me again why I can’t rely on them?”  Attorneys for the families have given an answer.  Different amounts of thimerosal.

The response by the government seemed to be weak.  It’s defensive, and not offensive.  To say that the IOM already ruled on it and we’re not going to go any further is not aggressive. 

If I was the attorney on the other side, I’d say, we’re going to keep running this issue into the ground with our overwhelming research to show you that you’re wrong.  They’re not doing that. 

They’re playing defense, not offense.  I think that’s the entire game plan of the government.

It doesn’t sound like a winning strategy to me.

Kent Heckelively is Legal Editor for Age of Autism.