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Dachel Media Update: Californians Join Other Vaccine Safety Protesters at CDC Headquarters

The White Queen Awaits Her Breakfast – The Psychological and Legal Gymnastics of Autism Following Vaccine Induced Encephalopathy in the NVICP

Impossible thingsBy Louis Conte and Wayne Rohde, a continued series on investigation of the NVICP Impossible things 2

Special Master Denise K. Vowell in Snyder v HHS – 2/19/09

"To conclude that Colten's condition (autism) was the result of his MMR vaccine, an objective observer would have to emulate Lewis Carroll's White Queen and be able to believe six impossible (or, at least, highly improbable) things before breakfast.” [i]

Special Master Denise Vowell’s used these words in her stinging dismissal of the Snyder case in the Omnibus Autism Proceedings. By invoking Alice’s Adventures in Wonderland and Through the Looking-Glass, Vowell was advising the petitioners and the American public that claiming that vaccines cause autism was simply preposterous. The imperious language used in dismissing the Snyder case was designed to send the message that those who claim a link between autism and vaccines are in league with the Mad Hatter.

Then the other day, the dogged Wayne Rohde found this case buried in the Unpublished Vaccine Cases section of the US Court of Claims website:

Special Master Denise K. Vowell in Wright v HHS - 9/21/15[ii]

“I find that M.W.’s development was, more likely than not, within normal limits prior to his July 6 vaccinations. Thereafter, it deteriorated, and eventually he received an ASD diagnosis. I am not required to find that the vaccination actually caused that diagnosis. Rather, I find that the neurological and behavioral symptoms he displayed for well more than six months after the vaccination constituted a chronic encephalopathy, which meets the diagnostic criteria for ASD.

White queenMany, if not most, cases of ASD constitute a chronic encephalopathy. However, only rarely do the symptoms of ASD follow an acute encephalopathy, in which some of those symptoms are part of the acute encephalopathic picture. This case is one of those rare events. Because M.W. had an acute encephalopathy meeting the Table requirements, followed by a chronic encephalopathy, a presumption of causation attaches regarding his current condition.

I emphasize again that this is NOT a case in which a judicial determination has been made that vaccines actually caused a child to develop ASD. Since I was assigned to the “autism docket” in early 2007, as one of the three special masters to hear the OAP test cases, I have had approximately 1800 cases alleging vaccine causation of ASD on my docket. In my nearly nine years on this autism docket, I have not read or heard any reliable evidence in any case, including this one, that vaccines can or do cause ASD…

M.W. experienced an acute encephalopathy, with onset beginning within two hours of his Pentacel vaccination. The acute encephalopathy persisted for more than 24 hours. Although there is some evidence of an intercurrent illness, that evidence does not reach the level of preponderant evidence of alternate cause. M.W. never returned to baseline after the vaccination. He has a chronic encephalopathy which has persisted for over six months…Petitioners are therefore entitled to compensation for M.W.’s condition as a Table encephalopathy.”


It must have been difficult if not somewhat awkward for outgoing Chief Special Master Vowell to issue the order awarding compensation in the recently posted Wright case. The language she utilized to explain this decision indicates that this case presented her with a difficult set of psychological gymnastics and legal maneuvers.

What essentially happened here is that the child, M.W., tragically suffered an encephalopathy (brain injury) following vaccinations he received on 7/6/09. Vowell states her view that vaccine induced brain damage occurs “rarely” but that the case met the requirements of the Table of Injuries used in the NVICP. She immediately points out on the second page of the order that there is an additional problem with this particular case:

“M.W.’s current diagnoses include an autism spectrum disorder [“ASD”].6 Some of the behavioral symptoms of this disorder constitute the persisting encephalopathic condition necessary to satisfy the remainder of the Table injury requirements—that a chronic encephalopathy persist for at least six months and include symptoms persisting from the acute encephalopathy…This is not to say that the vaccine was the actual cause of M.W.’s ASD or of any symptom of M.W.’s ASD. This decision should not be construed as holding that a vaccine can or does cause ASD.”

Vowell is to be commended for properly directing that this child be compensated for vaccine induced brain damage even though the child also has autism.

The tortured language Vowell used in the decision shows the conundrum of autism in the NVICP. The ‘Vaccine Court’ was founded to confront the reality of children suffering seizures and brain injury following immunization. While the Table of Injuries doesn’t specifically say “autism” it is obvious that those who crafted it understood that vaccine-induced brain damage often resulted in a child suffering from the behaviors that qualify for an autism diagnosis.

Those who understood vaccine injury in the 1980’s knew what it looked it like.

And so we are presented here with Vowell’s curious notion that a vaccine could cause brain damage that results in symptoms that are described on the Injury Table as Encephalopathy and that some of those symptoms might also result in that same person receiving a diagnosis of autism. However, this doesn’t mean that the vaccine also caused that person’s autism.

The autism that this child is dealing with is quietly referred to as “Secondary Autism” by Special Masters and others working in the NVICP. “Secondary Autism” and “Primary Autism” are defined in this footnote on this Institute of Medicine (IOM) document prepared for the Committee to Review Adverse Effects of Vaccines.

* “Secondary” autism or autistic features arising from chronic encephalopathy, mitochondrial disorders and/or other underlying disorders will be considered by the Committee. For “Primary” autism, VICP has asked the IOM to consider the review of the medical literature post Immunization Safety Review: Vaccines and Autism (2004) report. In particular, VICP is interested in the Committee’s review on more recent theories of “neuroinflammation” and “hyperarousal/overexcitation of the immune system via multiple simultaneous antigenic stimulation.”[iii]

This notion of “Secondary Autism” echoes through the Child Doe 77 (Hannah P.) case where we see federal health officials claiming that the vaccine injury “didn’t cause” the child’s autism but that it “resulted” in it.[iv]

One might recall that former CDC Director Julie Gerbeding insisted that Child Doe 77 was a “rare” case and that we shouldn’t consider the government concession as an admission that vaccines cause autism.

Autism following acute encephalopathy was noted by Chief Special Master Gary Golkiewicz in the very order that started the Omnibus Autism Proceedings:

“One important caveat, however, is drawn to the attention of all petitioners and their counsel! There may be cases involving autistic-like disorders which manifested following an injury defined in the Vaccine Injury Table. That is, a vaccinee may have suffered an episode involving a severe acute encephalopathy within 72 hours after a pertussis vaccination (DTP or DTaP), or 5 to 15 days after an MMR vaccination. If so, such an acute encephalopathy and any residual effects thereof would be presumed to be vaccine-caused pursuant to the Vaccine Injury Table. See 42 C.F.R. § 100.3(a) (10-1-97 version of CFR).5 However, this would apply only to cases falling within the current Vaccine Injury Table’s definition of “acute encephalopathy,” in which the vaccine suffered a sudden, dramatic, and severe change in level of consciousness lasting at least 24 hours. 42 C.F.R. § 100.3(b)(2)(i)(A) and (D). The incident must have been “sufficiently severe so as to require hospitalization,” though actual hospitalization at the time need not have occurred. 42 C.F.R. § 100.3(b)(2)(i). Autism cases involving Table Injuries have been compensated under the Program. If in a particular case there exist medical records demonstrating that such a qualifying “acute encephalopathy” occurred within the appropriate time frame, petitioner or counsel should bring that to the assigned special master’s attention so that, if appropriate, the case can be processed without delay as a Table Injury.”[v]

Despite the rulings in the Omnibus Autism Proceedings, the specter of autism continues to haunt the NVICP. As Golkiewicz states, any residual effects of the encephalopathy are presumed to be vaccine caused.

That would include autism when it is a residual effect of the encephalopathy.

And the problem with Secondary Autism or residual autism or “rare” autism that follows encephalopathy is that it is still autism.

In Unanswered Questions from the Vaccine Injury Compensation Program: A Review of Compensated Cases of Vaccine-Induced Brain Injury, Holland, Conte, Krakow and Colin found 83 cases of autism in encephalopathy cases compensated by the NVICP.[vi]

Other cases of vaccine-induced brain damage featuring autism have emerged since Unanswered Questions was published in May of 2011. Were these cases – or the Wright case - different than the cases denied compensation in the Omnibus Autism Proceedings?

Vowell noted that the respondent’s expert witness, Dr. Max Wiznitzer claimed that all of these previously compensated cases featuring encephalopathy (and even autism) had the genetic polymorphism which caused Dravet’s syndrome. This remarkable claim is based on the 2006 Berkovic study which is wrought with concerns. The study used a low number of subjects – 14 - not enough to be truly conclusive. Another concern is that the Berkovic study was funded by a pharmaceutical company, Bionomics.[vii] Upon adopting the Berkovic study and the follow-up McIntosh study[viii], DOJ attorneys with the blessing of the Special Masters, have concluded that “the kids with Dravet’s Syndrome are going to suffer epilepsy and seizures anyway.”

This belief that a genetic polymorphism, in this case SCN1A, destines a child develop Dravet’s is not fully supported. Some parents of these children also report possessing the polymorphism but do not have the disorder. This issue requires much more research before it is to be accepted as scientific fact.

This didn’t stop Dr. Paul Offit, the vaccine industry’s chief spokes-person from adding insult to injury in his book, Deadly Choices. Offit blames the parents:

After Berkovic paper, it was clear that all the time spent by parents to get health officials to admit that pertussis vaccine had permanently harmed children, all the money spent by pharmaceutical companies to compensate alleged victims, all the work of lawmakers to create a system to deflect lawsuits away from these companies, and all the ink devoted by the media to support these children and their parents had been an enormous diversion from the real cause of the program.[ix]

However, this child didn’t have the genetic marker for Dravet’s. This child received his vaccinations then suffered brain damage and developed autism.

It’s that simple and that awful.

Special Master Vowell has ordered the Secretary of Health and Human Services to provide compensation for this child. The parents will have some resources to help them care for their son.

No one should pump their fists or claim victory. There are no victories in the Vaccine Court.

If we really want to find some meaning in what has happened to M.W. and to Child Doe 77 and all of the other “rare” cases of children who have suffered vaccine induced brain damage, Congress should step up and hold hearings on the NVICP and ask those who work there just how rare these cases really are. An independent assessment of the health outcomes of those compensated for vaccine injury would provide that answer.

Special Master Vowell has moved on. She will no longer have to perform the legal and psychological gymnastics around these cases where, like it or not, a vaccine injury results in autism but somehow, didn’t cause it.

And the White Queen is waiting for her breakfast down at the Office of the Special Masters.

The Vaccine Court bookThe Autism War_revised coverLouis Conte & Wayne Rohde

The Autism War  at Barnes & Noble and Amazon.

The Vaccine Court  at Barnes & Noble and Amazon.

All books published by Skyhorse Publishing – New York City






[v] Autism General Order #1 (section E), July 3, 2002,


[vii] , page 529

[viii] McIntosh, 2010, “Effects of Vaccination on onset & outcome of Dravet Syndrome.”

[ix] DEADLY CHOICES, supra note 56, at 42-43



The whole system is BOUGHT, from the Special masters to the Media.
The US.Congress and the Senate, have become the lap dog for the Drug / vaccine industry. CDC FDA and the HHS, they are hopelessly corrupt with no! chance of reform. That's the words of the Dir.of the office of research integrity as he resigned in 2014.

The IOM by the leaking of their own minutes, I believe was putting out a silent protest/warning. I believe that protest,it was in response to the CDC asking them. No, ordering the prestigious IOM to commit intellectual suicide. By the IOM not considering the biological evidence, that earlier was found by the prestigious IOM in 2001 to be causing the neurological damage that they have labeled as Autism. In-fact,the IOM themselves had ruled it to be biological plausible. It went something like this, (the CDC told the IOM to pay very little attention to all of the biological evidence and to put all their confidence in the large population based VSD studies. Those large population based VSD studies, were found by the NIH's NIEHS in a report to Congress. (the large populace based VSD studies) were found by the NEIHS to be in her words to be riddled full of design flaws thus rendering them to be found en-effect useless. The prestigious IOM, was being ordered by the CDC to find only no!causation.Considering the fact, that the FOIA does not apply to non governmental entity's such as the IOM. One must come to the conclusion, that the IOM did not like having to lie to the American public about such an important issue. Long story short, someone developed a conscience. The CDC also delivered a request from the vaccine commissioner, (" Walt wants you to declare, well these things are pretty safe on a population basis, and by the way Walt generally gets what what Walt wants ") Walter A Orenstien, the vaccine commissioner. So here is the CDC ordering the IOM to do their will, THAT'S NOT THE EVIDENCE BASED SCIENTIFIC STUDY'S THEY CLAIM TO HAVE PROVING NO CAUSATION. THAT"S THE CORRUPT CDC, HAVING TO ORDER THE IOM TO FIND NO THAT THERE IS NO CAUSATION FOR TWO REASONS. BECAUSE THEY SAID SO, AND THEY HAVE ABSOLUTELY NO EVIDENCE BASED STUDIES, THAT PROVE THAT THEIR POISONOUS CRAP THEIR (FOOLS GOLD) DOES NOT CAUSE AUTISM.

The three test cases for Autism were then quickly being dismissed, considering three factors according to special master Hastings.

#1 was the large population based VSD studies.

#2 was the Denmark studies.

#3 was the report from the IOM.

It's what the special master considered as their in his words "the overwhelming evidence, against the parents"

Special Master Hastings words went something like this.His words

"the scientific evidence, was so overwhelming, we had no choice but to rule against the parents"

Lets examine that overwhelming evidence, by the facts. First of the three, was the large populace based VSD studies, that the CDC told the IOM to put all their confidence in. They were found to be in a Congressional report from the NIH's NIEHS, to be riddled full of design flaws. And in her words, rendering them to be found by the evidence to be en-effect useless. The second evidence of the three used, was the Denmark studies. The same NIEHS scientist
that ruled the VSD studies en-effect useless, made this statement. That as bad as the US. VSD studies were, they were an improvement over the other two the two Denmark studies. In other words, they were considered in her evaluation. To be found by the evidence, to be worse than useless. That only leaves the prestigious IOM report and statement to the CDC and the public. " Don't look at vaccines again for a cause of autism, rather put your money where you will get more bang for your buck" If that where their true feelings, why did they leak their own minutes to the public? And why did the IOM make this statement that reflects more a desire to their IOM members. To not be the entity, being used to bring down the vaccine program. The IOM's words go something like this,

"we got a dragon by the tail here, what we know and I agree, if we release a negative report the more negative the report is the less likely people are to use immunization / vaccination. So, we are caught in a trap, how we work our way out of the trap I think is the charge" How are you caught in a trap, if you find with good quality sound robust evidence based scientific studies that the vaccines are safe and do not cause autism? So the last evidence that was used by special master Hastings, was the IOM report??

I cannot see how the ordering of a scientific think tank entity such as the IOM is. To commit what amounts to be intellectual suicide, just how in the world that can be considered as the last evidence based nail that was driven into the the coffin of the parents Autism cases? The Denmark researcher Poul Thorsen that gave the CDC everything they wanted has been indicted on 22 ct's of fraud. It appears that the CDC got caught laundering money to the Denmark researcher for the fraudulent epidemiological studies proving that not only was the mercury based preservative being used in almost all children's vaccines (thimerosal) not harmful. He said, it was actually good for the developing baby. And he said, it actually protected the children from autism????? Considering his work was turned had down by two other Journals before the CDC begged it into the AAP Journal. We have the FOIA email from the CDC, where the AAP Journal CEO. He is practically being begged by the CDC to put the Denmark study in his Journal.

We can easily conclude, that his work was much sought out CDC CAA funded (purchased) fraud.

With all this being true, these thugs they will take this secret to their graves. The damage is to great now at 1 in 50 children with 1 in 31 being boys boys , to stop now and compensate. We also have a VSD slide that states enough stamped on it to demand that Congress have hearings based on just it alone.

" protecting the scientific information from the FOIA the Congress and the courts. If you have the as you say you do, the good quality sound robust evidence based scientific proof that vaccines are safe and do not cause Autism and other chronic disease. Why the stamp on the VSD slide, "protecting the scientific information fro the FOIA the Congress and the courts. And the keeping this from the Courts part, does that mean the NVICP????? As well? And is that the reason, that the children will live a life without dignity with no compensation? All because those who are involved in this cover up, including many who took an oath to protect the very American children they have destroyed. They are CORRUPTED TO THE VERY CORE OF THEIR EXISTENCE. AS many have said before me,that there will be justice for our children. It just may never be here.
Their right, the court where all these suffering children will be heard fairly. It cannot be BOUGHT! The Judge is faithful and true and he cannot be Bought. Enjoy your bribes for keeping silent, but keep in mind all your back room dirty deals are being recorded, to played back at a later date at your sentencing.


So unfair, Theresa!!


This is criminal fraud on the part of the vaccine court. My husband, who does not even follow this issue, laughed out loud when I read this "special masters" reasoning. Even he could see that it was absurd on its face for her to say that this autistic child's brain swelling was caused by vaccination, but that the 1,800 cases she heard -- all of which presumably were variations on this same story -- were not valid.

Theresa Cedillo

Michelle was diagnosed with severe static encephalopathy. It was not allowed on the court during her Omnibus hearing in 2007.


If I only would have known that the arching of my baby's back, fever and inconsolable crying that he exhibited three hours after he was vaccinated was encephalopathy which would eventually lead to behaviors that would eventually give him an autism diagnosis, we may have had a chance in this court.

Mary Holland

Thanks, Wayne and Lou! Excellent research and analysis on outgoing Chief Special Master Vowell.
Mary Holland

Patience (Eileen Nicole) Simon

The encephalopathy underlying autism should have been understood decades ago. The encephalopathy clearly has many causes, and vaccine injury must be investigated as a highly likely contributor to neurologic damage. Autism "research" is a disgrace. Children and families deserve better. Neuropathology, not epidemiology, is needed.


Tony-What decade are you living in by asking the same idiotic question? Let me answer for you. THERE HAS NEVER BEEN A VACCINATED VS UNVACCINATED STUDY PERFORMED.

However, the only instances of autism among the Amish, who don't vaccinate.....have been among those, who for some reason were vaccinated.

Now you can stop asking the same question that has been answered a million the last 20 years.


Not just the Amish. According to the late Dr Mayer Eisenstein, of Home first Medical Services:

" 40 years ago when I started my practice only 1 in 10,000 children had autism. Today it's 1 in 100. What is the only difference we have seen? The inordinate number of vaccines that are being given to children today. My partners and I have over 35,000 patients who have never been vaccinated. You know how many cases of autism we have seen? ZERO, ZERO. I have made this statement for over 40 years: "NO VACCINES NO AUTISM".

R. Rohde

Tony-What decade are you living in by asking the same idiotic question? Let me answer for you. THERE HAS NEVER BEEN A VACCINATED VS UNVACCINATED STUDY PERFORMED.

However, the only instances of autism among the Amish, who don't vaccinate.....have been among those, who for some reason were vaccinated.

Now you can stop asking the same question that has been answered a million the last 20 years.

Denise Anderstrom Douglass

Well done, although it seems more and more like there is no one paying attention. The law grinds slowly and there's no statute of limitations on treason.

Bob Moffitt

"To conclude that Colten's condition (autism) was the result of his MMR vaccine, an objective observer would have to emulate Lewis Carroll's White Queen and be able to believe six impossible things before breakfast.”

If Chief Special Master Vowel can sink so low as using Lewis Caroll's fantasy fiction .. "Adventures in Wonderland and Through the Looking-Glass" .. as a means to ridicule and insult "objective observers" who concluded Colten's condition (autism) was the result of his MMR vaccine ..

I can just as easily use Hans Christian Andersen's “The Emperor's New Clothes” .. about two weavers .. (vaccine manufacturers).. who promise an emperor a new suit of clothes that is invisible to those who are unfit for their position, stupid or incompetent .. as the sole reason that Chief Special Master Vowel .. desperately fearful of being pronounced “unfit for her position, stupid or incompetent .. by those who “promise health” .. decided as she did.

As JB so aptly put it .. whether Emperor or not .. if it walks like a duck .................

cia parker

But it should always be remembered that any vaccine, with or without chemical additives, can cause encephalitis and autism, just from the shocked reaction of the immune system which mounts more of an inflammatory reaction than it was hoped that it would do. Vaccines cannot be made safe.

I mentioned the other day that I had read Hitler's Furies last year. It discussed the Nuremberg trials at the end, and I was hoping that the murderers would all get the death penalty. But no, there were just so many of them, that basically they just let nearly all of them go without punishment. Just token justice. (Until they meet God's justice.)


“Study after study” of indicted epidemiologists from Demark …proved “over and over” that Autism cannot be related to vaccines.

One Denmark study proved that …Autism went UP by a factor of 20 times… with the removal of Thimerosal and therefore should be placed back into the vaccines to prevent Autism.

For some reason they cannot study American data on American children and when they do, they hide it or destroy it at the CDC.


So the US government has conceded and compensated ANOTHER case of vaccine-induced autism, but insists on calling it something other than autism.

Like thousands of other children, this child had an encephalopathic reaction to vaccines, resulting in irreversible brain damage. That brain damage happened to "coincide" with symptoms of severe autism.

Symptoms of severe autism are the same symptoms that appear in previously normal adults who suffer encephalopathic reactions to vaccines, only they aren't labeled autistic. They're labeled brain-damaged.

And that's exactly the point made by thousands of parents of children suffering from vaccine-induced brain damage--that the medical community insists on labeling as autism.

JB Handley

This is one of the more important things I have read in a long time and it deserves to be shared broadly and discussed, given how recent the decision is and who made it. I think when people look back on this time in history and try to understand why so many had their heads in the sand, these types of decisions from the Vaccine Court will provide some of the explanation. The average person on the planet would read the decision and remember that something that looks like a duck, walks like a duck, and acts like a duck is a FUCKING DUCK!

JB Handley



Dr. Max W. is FOS. Doe 77 was negative for Dravet's as well.


Thank you so much for writing about this case so that it sees the light of day. Judge Vowel's inconsistency and absurd rationalization are terrible.

To conclude that vaccines can result in autism but not cause autism, one would have to be able to believe six impossible things before breakfast.

Proof of Vaccine-Autism Link?
“They use this very fishy legal language: It didn’t cause it, it resulted in it.”

But let's pretend that what Judge Vowel writes makes sense. How could thousands of autism claims be dismissed in one fell swoop in the Autism Omnibus proceedings, without hearing the cases and looking at the medical evidence to see whether some were actually compensable like this one?

Regarding Dravet syndrome, "Some parents of these children also report possessing the polymorphism but do not have the disorder." I've often wondered how many people in the general population have this genetic polymorphism but don't develop seizures etc. The vaccine defenders make such confident proclamations about alternate futures - "It would have happened anyways".

Birgit Calhoun

Thanks for continuing researching the Vaccine Court. I hope some day the special masters will all get together and weep. I hope they'll feel guilty, and, most of all, I hope all those children will get justice and I hope Bruesewitz gets reversed (never going to happen), and the vaccine problem will be addressed and the addition of mercury and other adjuvants will be stopped, and there will be no more autism. I believe it can be done, but only, if those above who weep actually have the internal fortitude to do something about it. Congress can't help. They were bought, too. There is a connection between Citizens United and Bruesewitz.

tony bateson

I have decided I will resume my original question and not waver from it for any reason until I receive an answer. The question is what is the prevalence of autism in unvaccinated kids? Simple enough just what is the prevalence of autism in unvaccinated kids?

Tony Bateson Oxford UK.

John Stone

Presumably a graduate of Hastings Law School.

David Taylor

"Oh, what a web we weave
When first we practice to deceive."

Pathetically, the pretzel logic of the NVICP Masters and their unscientific pronouncements of "rare" will be used by media and industry shills to continue the denial and thus continue the march of mandates.

But the truth is growing like some vengeful beast with every article like this.


I sat in on some of the proceedings of Vaccine Court, a few different cases. The Special Masters, including Vowel, were so condescending and arrogant, as they insulted our experts and rudely dismissed the parents' accounts. I'll never forget it.


Thank you for exposing this insanity.
What a dark, dark side of our country.
Down the rabbit hole to doublespeak nation.

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