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A Review of Compensated Cases of Vaccine-Induced Brain Injury

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 A Review of Compensated Cases of Vaccine-Induced Brain Injury

Pace Environmental Law Review, vol. 28, no. 2, 2011

Mary Holland, Louis Conte, Robert Krakow and Lisa Colin

Available in full * at

*Paper not available on line until  9:00 am EDT

Executive Summary

In 1986, Congress created the Vaccine Injury Compensation Program (VICP) under the National Childhood Vaccine Injury Act (1986 Law).  This Program has original jurisdiction for children’s claims of vaccine injury.  Because almost all children receive multiple vaccinations for daycare and school, it is critically important that the Program provides fundamental fairness, due process and transparency.

This empirical investigation, published in a peer-reviewed law journal, examines claims that the VICP compensated for vaccine-induced encephalopathy and seizure disorder.  The VICP has compensated approximately 2,500 claims of vaccine injury since the inception of the program.  This study found 83 cases of acknowledged vaccine-induced brain damage that include autism, a disorder that affects speech, social communication and behavior.  In 21 published cases of the Court of Federal Claims, which administers the VICP, the Court stated that the petitioners had autism or described autism unambiguously.  In 62 remaining cases, the authors identified settlement agreements where Health and Human Services (HHS) compensated children with vaccine-induced brain damage, who also have autism or an autism spectrum disorder.

Parents reported the existence of autism in telephone interviews and supplied supplemental materials including medical diagnoses, school records, and completed, standard autism screening questionnaires to verify their reports.  In 39 of the 83 cases, or 47% of the cases of vaccine injury reviewed, there is confirmation of autism or autism spectrum disorder beyond parental report. 

This finding of autism in compensated cases of vaccine injury is significant.  U.S. government spokespeople have been asserting no vaccine-autism link for more than a decade.  This finding calls into question the decisions of the Court of Federal Claims in the Omnibus Autism Proceeding in 2009 and 2010 and the statement of Health and Human Services on its website that “HHS has never concluded in any case that autism was caused by vaccination.” 

Using publicly available information, the investigation shows that the VICP has been compensating cases of vaccine-induced brain damage associated with autism for more than twenty years.  This investigation suggests that officials at HHS, the Department of Justice and the Court of Federal Claims may have been aware of this association but failed to publicly disclose it.

The study calls on Congress to thoroughly investigate the VICP, including a medical investigation of compensated claims of vaccine injury.  This investigation calls on Congress to get answers to these critically important unanswered questions.



Dr. Coram;
I am sorry about your daughter and sister.
I found out that a doc or nurse is not legal accountable if a child reacts to a vaccine once, twice or even three times. They do not have to worry if the kid had Kawasakis at one shot, or a swollen left ventricula and heart murmur from another shot or had a 105 temperature, passed out and gasped for breath at yet another dose of the vaccine.They are - Scott Free. Does anything else in the medical communtiy comes close to this?

Is the nurse that gave your daugher her Hep B held responsible since you signed a waiver? My guess is once again you must go through the vaccine court and good luck with that.

My son and duaghter too had strange asthma that was not really asthma. The respiratory acidosis you spoke of is also an on going problem for my husband who was also damaged by a tetanus shot- also rechallenged (first one he past out and seized and the second well --- he never recovered). I think it is caused by the cells not being able to metabolize carbohydrates into glucose - lactic acid build up is also a problem for my husband. He has acquired mitochondria cytopathy and I imagine that his two kids (vaccine injuried) also are.

They were all; hubby included rechallenged with vaccines, and even with me fussing, speaking out - the night mare just continued.

Dr. Charles Coram

My family experienced two major medical errors in 2005. The first was my
newborn daughter Olivia. A nurse at Ottumwa Regional Health Center asked my
wife and I if we wanted our newborn daughter to receive the Hepatitis B
Vaccine. We both replied "NO" and signed a refusal document. Two hours
after Olivia was born the nurse gave our daughter the vaccine. We were told by Dr. Bittner
that there was "Zero" risk to our daughter. Two weeks later Olivia stopped
breathing and was taken to the ER. She was in respiratory acidosis which is
caused from bronchial spasms. These spasms can be caused from asthma; she
is not asthmatic. Also, these spasms can occur within weeks of vaccines
caused by serium sickness. Our daughter had a severe reaction to the
Hepatitis B vaccine and almost died. The hospital fought the case and we
were unable to get legal help due to the small nature of the "payoff".
Since Olivia lived and has no indication of damage it is difficult to get
law firms interested.
Seven months after Olivia's experience my 36 year old sister (Heather) died
from Fentanyl Toxicity. Fentanyl is a pain medicine that was reported
months before my sister died to be killing people due to doctors misusing
it. The FDA warned doctors and hospitals in July of 2005 that it was
killing patients. She was given the highest dose of the medication and died
20 hours after a minor surgery. As of March 2008 the drug has been
I am asking that families who have experienced medical errors to please
contact me and share your stories. We have to fight back because it is only
getting worse.
Dr. Charles Coram
P.S. This information has been sent to the Ottumwa Courier many times, but they are refusing to publish it. The couriers efforts to protect the local medical community is at the heart of the problem. The truth should be shared and allow the American people to evaluated the facts.

David Taylor

For those who have picked up on the Lisa Jo/ tripe:

The Harvard Law Review is also a "student-run publication." As if the soon-to-graduate J.D. candidates are sophomore Greeks running a weekly campus newspaper with sports scores.

No one involved with the article has ever claimed they were investigating on behalf of Pace. The Pace release stating so is boilerplate.

The two investigators who represent claims of parents of autistic children, disclosures were made on the opening page of the paper.

Lisa Jo buried herself today with this crap.

John Stone


You would appear to be quoting from Lisa Jo Rudy on

From the text of the study:

"Mary Holland, Research Scholar and Director of the Graduate Legal Skills Program, NYU School of Law; Louis Conte, independent investigator; and Robert Krakow and Lisa Colin, attorneys in private practice. Pace Law School provided significant research support for this study. The authors thank former Environmental Law Dean Alexandra Dunn and law students Jillian Petrera,Kyle Caffrey, Sohad Jamal, Alison Kaplan, Georgine Bells, Jonne Ronquillo,Lisa Hatem, Allison Kazi and Adrienne Fortin. The authors also thank volunteers who worked under the direction of Louis Conte. For purposes of disclosure, Robert Krakow and Lisa Colin represent clients and have claims on behalf of family members in the Vaccine Injury Compensation Program."

It seems to me that at least some of what Lisa has said isn't true, although she may have asked the wrong people.


I have seen lots of complaints in the past about research done by "Big Pharma" being tainted ... lets see who did this research:

"According to the Pace Law School, no one from the school was involved with the investigation, nor did anyone from the law school take part in the presentation. In addition, it is important to note, the Pace Environmental Law Review is a student run publication. What's more, all of the investigators involved with this publication and presentation represent clients who have claims on behalf of family members in the Vaccine Injury Compensation Program." Autism Spectrum Disorders


Holly M , AMEN, that is exactly what SHOULD happen, but what WILL happen, well, we are praying everyday for justice and for future generations protections!

Now is the PERFECT time to let this beast rest, give it up! I mean, if we can continue to be LOUD nd then show just how much MONEY our kids are going to cost the government and taxpayers! They for SURE would be pushing for the PROPER parties, the drug companies (without being able to add the cost onto customers like they do now), but certain,y THEN the majority will see hmmm, should these kids be taken care of the backs of taxpayers (by not fully paying into the security /taxes as well as more than likely being supported income and healthcare) by the taxpayers or by the vaccine program/drug companies ? With all of the budget and economy battles raging (even though some are ridiculous) but in this time in history, in the "debate" about how to pay for/fix Medicaid, this should be able to be presented THAT WAY, right?

Anyone out there ever do those calculations? What is the actual economic impact of a child growing up not putting into the pot but having to live from the pot and get health care from the pot, VS the numbers and taxpayer cost if they were to be legally comonesated from the nvcip? If not, we should, fir sure!



It has been our own experience that even though perhaps many pediatricians are 'well intended,' they will not post information to VAERS, much less admit that vaccines are an issue with autism or anything else on the spectrum for that matter. Our son's pediatricians were quick to respond in stating he suffered a reaction to his DPT, yet they never reported the injuries to VAERS. We were told that our pediatrician, by law, was supposed to report Ryan's injuries, yet when I queried our pediatric staff about this, they completely acknowledged they did not report it. I ended up reporting the reactions myself, but was shocked and dismayed that nothing happened in the way of legal redress to our pediatrician's staff in not reporting these injuries.

Oh, how naive I was back in those days.

Pediatricians, as with most others in the medical field, are absolutely loathe to even hint at a connection between injury and vaccination. Unfortunately, many of them, as Dr. Lawrence Palevsky has stated during an interview with Dr. Mercola, are threatened, in more ways than one, if they do not tout the party line about vaccines (they're completely safe and the benefits far outweigh the risks).

What I would love to see some of these folks, such as today during the Press Conference in D.C., is state the following: Repeatedly, we parents are told that vaccines are the ONLY way to good health; that the benefits far outweigh the risks. What parents are not told, is that the risks vs. benefits ratio cannot possibly be known for EVERY INDIVIDUAL/CHILD, because no such genetic testing has ever been done to prove that ALL CHILDREN will be able to tolerate vaccination, equally.

I would say to any physician out there (and I have already), that unless he/she can positively, absolutely state that ANY vaccine they may deem necessary for me or for my child, is completely safe FOR ME and for MY SON, then they have no business mandating ANY vaccine.

I do not believe that vaccines are truly the way to overall good health. But that's just me. I've made that decision after years' worth of intensive research. But that's my own opinion. I believe that fresh air, sunshine, exercise, eating as organically as possible, and getting plenty of sleep, are the keys to optimal health.

Someone once said to me that in her own research, she discovered there is not one life affirming ingredient in any vaccine.

She is absolutely correct.


What would be interesting would be an anonymous survey of pediatricians, asking them if they have seen a multitude of cases of autism symptoms, post vaccination. Since I believe most pediatricians are well-intentioned, if they could be forthright with immunity (no pun intended), what would they say? The AAP should do that. Better question, would we believe them either way?

Mark V.

This reminds me when the tobacco companies for YEARS stated there was no link with smoking and lung cancer. Now this time, the govt. IS the tobacco company, and our kids are the victims!


I have a great idea to put this all to rest. Simply show autism rates in unvaccinated children vs vaccinated. There are enough people choosing not to vaccinate that the data showld be easy.

Harry H.

The government spinning on vaccines, if it weren't so damn serious, would make a great sit-com. They continue going 'round in circles, like some of the kide they've injured.

Holly M.

I think the govt needs to use the two Pauls as scapegoats and come clean. Say they mistakenly relied on their research and claims. Vindicate Dr. Wakefield. Stop the current vaccine program in its tracks, repeal all vaccine mandates and compenstate each and every vaccine injuried child. Then they need to dismantle the AAP and send a couple of hundred deniers to jail.


Here is a link to the correct volume

David Taylor

Landmark publication. Vaccine shills will be reduced to semantic gyrations that are laughingly transparent.

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