Vaccine Injury: How More Than 5000 Children Were Hurt...Again
Thank you to our friends at Vaccination News for allowing us to excerpt this post from Dr. Yazbak.
F. Edward Yazbak M.D.
- The selection of only THREE out of over 5,000 vaccine injury compensation cases to prove or rule out causality seems irrational. Yet this is exactly what happened in the Farce called the US Omnibus Autism Proceeding (OAP).
- The case of Michelle Cedillo was filed in 1998 and scheduled to be “the first of three test cases” to be heard in the Vaccine Court in early June 2007.
- The outcome of the case was unquestionably crucial to the OAP and the whole Vaccine Injury Compensation Program (VICP).
- Attorneys for the Petitioner were prepared to present evidence that Thimerosal, a mercury compound in the pediatric vaccines administered to Michelle during the first year of life and the MMR vaccination that she received shortly after that, had contributed to her autistic regression and her many other health issues.
- The assigned Department of Justice (DOJ) attorneys had lined up several experts to counter the petitioner’s Thimerosal allegations but … three months before the case was to be heard, they had not found anyone able to question the reliability of the special test that implicated the MMR vaccination that Michelle received.
- For Michelle who never had measles, the result of her Real Time (RT) PCR Test appeared to be prima facie evidence that her MMR vaccination was etiologically related to her gastro-intestinal findings and her documented autistic regression.
- To prevail, the DOJ Attorneys had to find fault with the test and the laboratory where it was performed, in order to avoid a flood of MMR vaccine related autism cases.
- I will present evidence that a free-lance British reporter inserted himself into the case and later boasted that he had recommended a British scientist who had inspected the Laboratory of Dr. John O’Leary where Michelle’s test had been performed and who had testified about his inspection in a British Court.
- A “real” US Court hearing the Cedillo case would have rejected that expert who surfaced too late, had been paid obscene fees by manufacturers of the MMR vaccine, and had no supporting documents of his inspection because they were all sealed in London.
- Furthermore, that expert was repeatedly seen talking with the reporter while the hearings were going on. He also discussed the case and his testimony in an interview as soon as he returned to London.
- Even though the issues that this British Expert brought up were not relevant to the case, his testimony seemed enough to influence the Special Masters who decided that Michelle’s GI findings were not MMR related, when indeed they were.
- In their decision, the Special Masters mentioned that they were aware of a CDC-sponsored, AAP-funded US study that demonstrated that the results of RT CPR testing performed at a Harvard University Laboratory, a CDC Laboratory and Dr. O’Leary’s Laboratory “were consistent across the three laboratory sites”, namely that each of the three laboratories accurately identified every positive or negative result.
*****
April has been for sometime our National Autism Awareness Month.
This year, the CDC decided to set the week of April 16-23, 2016 as the National Infant Immunization Week to coincide with the “World Immunization Week”.
Read the full post at Vaccination News.
Reminding ALL once more:
http://centerforpersonalrights.org/index.php?option=com_content&view=article&id=55:cedillo-vs-secretary-of-health-and-human-services-highlights-failure-of-the-vaccine-injury-compensation-program&catid=1:latest-news&Itemid=50
Posted by: Ed Yazbak | May 01, 2016 at 06:52 AM
ATSC, Guishon's thinly veiled twisting of the term whistleblower to suit her agenda to attack parents who don't want to follow the vaccine schedule or perhaps who have ever given a home remedy rather than a pharmaceutical medicine is horrifying. Someone should blow the whistle on this "bioethicist."
Posted by: BC W warrior mom | April 29, 2016 at 10:10 PM
BC W warrior mom,
Having read a little more about the Stephan case in the following article, I find it very disturbing.
https://stand4truth.ca/alberta-justice-try-frame-zekes-parents-no-charges-laid/
Posted by: ATSC | April 29, 2016 at 07:44 PM
Mr. Ogden
Please see the very last sentence on page 9 as it explains the surge of influenza related cases since 2005
Earlier on and even before VICP, DTP (whole cell) vaccine was frequently used and was quite reactogenic when compared to other pediatric vaccines we administered resulting in related deaths and serious injuries that kept the courts busy.
When we went to the acellular DTaP, we had less reactions, less litigations but more whooping cough outbreaks as you know.
Recently the increasing rates of Influenza vaccination among adults and the elderly and the many thousands of doses of vaccine given again and again (every year) have been accompanied by more litigation....
I hope I understood your question and answered it
Posted by: Ed Yazbak | April 29, 2016 at 05:31 PM
All the children harmed and yet "bioethicist" Juliet Guishon wants to appropriate the term whistleblower to mean the village of people who should report anyone who what? Doesn't go to the doctor for any and every concern over their child? Who doesn't vaccinate their children? Calling on people to whistleblow on parents when Child Welfare laws already exist and state that there is a duty to report if you suspect abuse or neglect is the same as Conservatives wanting Barbaric Cultural Practice Acts when we have 911. Juliet Guishon you should be ashamed of yourself. This woman looks to be neck deep into pro vaccination extremism.
http://www.cbc.ca/beta/news/canada/calgary/meningitis-trial-verdict-bystanders-opinion-1.3555457
Posted by: BC W warrior mom | April 29, 2016 at 03:34 PM
Dr. Yazbak: I've seen this before, but what really stands out for me are three things:
1. The percentages of claims compensated vs. dismissed for:
Tdap 91.5%
Influenza 89.5%
Meningococcal 88.6%
IPV 2.9%
HPV 0%
2. The sheer volume of claims for two of them in particular: DTP and Influenza.
3. They apparently don't list any of the OAP cases, as if the slate was wiped clean by magic.
Posted by: Gary Ogden | April 29, 2016 at 02:04 PM
I should have added:
For anyone who has never seen this:
http://www.hrsa.gov/vaccinecompensation/data/statisticsreport.pdf
Take a few minutes and examine pages 5 to 8
You WILL be amazed
Posted by: Ed Yazbak | April 29, 2016 at 12:31 PM
When I read this I was reminded of the OJ Simpson trial. The defense brought in a PCR expert whose job was to find "problems" and "contamination" in the crime lab and make them into Mt. Everest even if they didn't amount to a hill of beans, even if they were irrelevant.
But, as Dr. Yazbak pointed out, the kind of sandbagging we have here wouldn't be allowed in a real court.
Posted by: Carol | April 29, 2016 at 11:04 AM
Thank you ALL for your kind words.
Theresa,
It is the least I could have done.
I am so sad and so sorry.
Posted by: Ed Yazbak | April 29, 2016 at 10:58 AM
Gary
I fear the good news is old news - the story about British copies of a defamatory book by Dr Offit being pulped is several years old.
Posted by: John Stone | April 29, 2016 at 09:42 AM
Jenny Allan: That is a bit of good news about Dr. PrOffit's "book." I wonder about the U.S. launch. If there are grounds for a defamation suit in the UK, surely there must be such grounds here in the U.S. as well.
Posted by: Gary Ogden | April 29, 2016 at 09:34 AM
Thank you Dr. Yazbak for this in depth look at OAP and what I consider misconduct by the DOJ. Thank you Age of Autism for giving us this forum for discussion. Thank you to all the families and the heartfelt comments.
Justice was not served in the US or the UK. Thousands of children suffered a tremendous loss of their health, some their lives as well. It's shameful what has been done to try to turn the tables on the truth, the children and the families.
God will not be mocked. Justice will be served one day for all the precious lives affected.
Posted by: Theresa Cedillo | April 29, 2016 at 08:25 AM
Jenny Allan,
Plainly the GMC disputed the "early report" in all sorts of ways, most specifically that that was what it was. Following Deer they alleged that it was a study based on the protocol 172/96 (which was never attempted), only it was somehow not executed according to plan - so the doctors were found guilty of that too. And all this was found without a shred of evidence that what they were being told by the three doctors was not true. They said:
“The Panel has heard that ethical approval had been sought and granted for other trials and it has been specifically suggested that Project 172-96 was never undertaken and that in fact, the Lancet 12 children’s investigations were clinically indicated and the research parts of those clinically justified investigations were covered by Project 162-95. In the light of all the available evidence, the Panel rejected this proposition.”
But the problem was that they never stated what "all the available evidence" was, and when Judge Mitting asked their attorney at the Walker-Smith appeal she was unable to come up with anything. The panel chose to favour what they thought (without a shred of evidence) over the word of three good doctors.
By the way this must have been about the point in the GMC proceedings where I shouted out "It's the wrong paper!" and rushed out. Deer, I think writing on Orac, found this incident incredibly funny. Of course, the reason why I rushed out was that I did not want to be physically thrown out by the guards.
Posted by: John Stone | April 29, 2016 at 03:51 AM
@British Autism Mother "My honest opinion of Brian Deer is not printable but I will content myself by describing him as a slovenly hack who didn't do enough historical research into the MMR itself."
Brian Deer was plainly paid by a number of 'vested interests', to discredit Dr Wakefield's research. Since even the GMC, did not dispute the veracity of the 1998 Wakefield et al Lancet early report, Deer resorted to personal slurs slanderous lies, and presenting 'cherry picked' so called evidence out of context.
The GMC convoluted 3 year hearing, which was mostly based on Deer's 'evidence', found Dr Wakefield and his 2 clinician colleagues guilty of 'conspiring' to subject children to unnecessary invasive medical procedures for unethical purely research purposes. Deer's GMC evidence was completely discredited by Judge Lord Justice Mitting, following Professor Walker-Smith's successful February 2012 High Court Appeal. The Judge had some harsh comments about the GMC's 'superficial and inadequate' and in many cases plain WRONG examining of the evidence against the three doctors, all of whom were simply doing their jobs.
In the UK, it is all to easy to discredit persons, with trumped up accusations and slanderous slurs, which stick like dung and persist for years. A 'fraudulent research paper?' NOT. A money making scam involving a 'rival' vaccine to the MMR? NOT - Dr Wakefield's immunotherapy product was designed to ameliorate the effects of live measles virus, particularly in immune compromised children who cannot be vaccinated. The controversy over whether MMR vaccine damaged children have live vaccine derived measles virus in their guts continues, but this product would help them. Sadly, the unused patent still languishes at the Royal Free. Any profits would have gone to them.
Brian Deer, has NO Scientific or Medical qualifications whatsoever, just a mediocre philosphy degree from an English 'red brick' University. He plainly had 'carte blanch' to write whatever he liked about Dr Wakefield, protected by an establishment, including high ranking politicians and powerful pharmaceutical industry lobbyists. Plainly no qualified doctor or scientist was prepared to put their names to this. The biggest scandal to my mind were Deer's BMJ articles. Dr Wakefield unsuccessfully attempted to sue Deer and the BMJ in Texas, over these slanderous articles but was prevented over 'jurisdiction'. A purely British business? NOT.
There's one laugh over this sorry business which you will like. Dr Paul Offit's UK launch of his new book 'Deadly Choices' including book signings etc, had to be cancelled and the books pulped after the UK lawyer, involved in the original MMR class litigation, threatened to sue both Offit and the publisher, for reiterating the BMJ lies and fabrications of Brian Deer.
Posted by: Jenny Allan | April 29, 2016 at 02:50 AM
My son lost his soul too.
He was one of the 5000
Posted by: vin | April 28, 2016 at 10:21 PM
To whom it may interest:- may I point out (not for the first time on this website) that the change in terminology from "acquired autism" to "regressive autism" forms part of the cover-up.
Also, for many years the State of California Department of Developmental Services has kept accurate records of numbers of people on the autism spectrum. The last time I looked, they didn't count children under three years or age or people with diagnoses of Asperger's Syndrome (this was before DSM V was implemented).
My honest opinion of Brian Deer is not printable but I will content myself by describing him as a slovenly hack who didn't do enough historical research into the MMR itself.
Posted by: British Autism Mother | April 28, 2016 at 06:29 PM
This article is spot on.
Thank you Dr. Yazbak for telling the truth.
Michele Cedillo deserves justice. So do 5,000 other OAP cases. So do millions of others.
Posted by: Louis Conte | April 28, 2016 at 05:09 PM
Ms Bishop
Indeed
Carol, Re the high and low copies: I hope I also made that clear
BTW:
Notice that Fitzpatrick talks of the O'Leary lab and the lab inspection three years earlier and NOT of Michelle's test when he says:
"Testimony in a US court last week by London-based molecular biologist Stephen Bustin comprehensively exposed the unreliability of O’Leary’s findings, based on an investigation of his laboratory carried out in early 2004. ‘It has been incredibly frustrating’, Professor Bustin told me on his return from the USA. ‘For three years we have been unable [for legal reasons] to reveal our findings. Now, based on the publicly available information, I want to get the message out about the O’Leary/Wakefield research: there’s nothing in it.’
http://www.spiked-online.com/newsite/article/3562#.VyJ2etQrLMo
Posted by: Ed Yazbak | April 28, 2016 at 04:54 PM
Michelle Cedillo is very much vaccine damaged .You don't have to meet anyone to know that ,who could make up descriptions of decline into such catastrophic damage of healthy normal born babies,I believe its beyond anyone's imagination to be able to imagine that level of destruction to a baby.
MMR RIP
Posted by: Angus Files | April 28, 2016 at 04:29 PM
"Dr. Bustin’s testimony, once again, actually supports the reliability of the O’Leary lab with respect to Michelle’s test result. At the hearing, he attempted to show that another laboratory (Dr. Finbar[r] Cotter) in London was unable to replicate the O’Leary lab’s results (i.e. detecting measles RNA in samples) using the O’Leary techniques. However, as Dr. Bustin’s power point presentation showed, Dr. Cotter’s lab was able to replicate the O’Leary results using the O’Leary techniques for test results with SILs [substantial inflammation levels].
Although this critical fact was discounted by the special master and Judge Wheeler, it remains in the record that Dr. Bustin agreed that his dispute was only with the O’Leary lab’s MILs [minimal inflammation levels], and he did not deny that Michelle had SILs."
http://www.rescuepost.com/files/cedillo-circuit_brief.pdf
"Petitioners contend that British researcher Dr. Finbar[r] Cottor[sic] was able to replicate the Unigenetics testing, and that he was able to reach similar results to those achieved by Unigenetics. Petitioners argue that the Special Master erred in discounting his work as evidence supporting the reliability of the Unigenetics testing. We see no error in the Special Master’s treatment of the evidence concerning Dr. Cottor’s work. The only evidence concerning Dr. Cottor’s work consisted of conflicting statements made by both parties’ experts, who disagreed as to whether or not Dr. Cottor’s laboratory was able to duplicate the Unigenetics results. No records of Dr. Cottor’s work and no testimony or statement from him were presented. Also, Dr. Cottor’s work was never published. Given the limited record concerning Dr. Cottor’s work, the Special Master reasonably concluded that 'it is simply impossible to draw any conclusions either way' about Dr. Cottor’s work."
http://www.uscfc.uscourts.gov/sites/default/files/cedillo.fedcir.pdf
Posted by: Carol | April 28, 2016 at 03:54 PM
So, if I have a scale telling me that I weigh about 10 kilograms more than the last time I checked, I can pretty much with "expert" confidence state that I haven't put on any weight since the scale doesn't really reliably measure down to milligrams?
Not to make light, but is that somewhat analogous to what was done here?
Posted by: Jeannette Bishop | April 28, 2016 at 03:52 PM
Thank you all for your very kind words.
They are most appreciated.
The axing of over 5,000 cases may be the greatest injustice in the history of our jurisprudence.
Michelle Cedillo was and is certainly and beyond a doubt vaccine-injured.
Posted by: Ed Yazbak | April 28, 2016 at 03:33 PM
Thank you Dr Yazbak for another excellent article.Were just waiting Dr Yazbak one day the tipping point will come.
In the UK as you know Human Rights Lawyer and Barrister Jenny Horne Roberts represented 11 of us pro-bono after the MMR litigation had its funding withdrawn and never got a hearing in court.Jenny decided to take the action forward and onto the European Courts Of Human Rights after the legal aid funding was withdrawn.
I will always be indebted to Jenny, Keith, and son Harry;Harry who died so suddenly whilst allegedly being cared for.
All very depressing reading even worse when you have lived it.The non-life's of the kids and family's were never ever meant to be they way they have played out.
Not forgetting Harry.
http://www.ageofautism.com/2012/06/harrys-inquest-book-the-death-of-harry-horne-roberts.html
MMR RIP
Posted by: Angus Files | April 28, 2016 at 02:15 PM
Then there is this testimony by Rolf Hazelhurst, a father in one of the test cases In the Omnibus Autism Proceeding, and Assistant District Attorney General, State of Tennessee, who presents the case against the VICP and calls for reform: https://www.youtube.com/watch?v=h4CwROrKG8A Really, a must watch if you want to see the face of corruption more clearly.
And these documents re Hannah Poling, who was removed from the test cases because she clearly had autism caused by vaccine injury: https://www.scribd.com/doc/115393727/Andrew-Zimmerman-Poling-v-HHS-Exhibit-3
Of course, the government saved more than $500 billion dollars in damages from denying coverage for regressive autism (at least 150,000 kids with regressive autism times $3 million each). If all autistic kids (who have been injured by vaccines, but not so obviously as to regress) were compensated, it would run to trillions. When people talk about $3 billion paid, out, that's nothing — trivial really -- compared to what it should be.
Posted by: Tim Lundeen | April 28, 2016 at 02:11 PM
and calls for reform: https://www.youtube.com/watch?v=h4CwROrKG8A Really, a must watch if you want to see the face of corruption more clearly.
And these documents re Hannah Poling, who was removed from the test cases because she clearly had autism caused by vaccine injury: https://www.scribd.com/doc/115393727/Andrew-Zimmerman-Poling-v-HHS-Exhibit-3
Of course, the government saved more than $500 billion dollars in damages from denying coverage for regressive autism (at least 150,000 kids with regressive autism times $3 million each). If all autistic kids (who have been injured by vaccines, but not so obviously as to regress) were compensated, it would run to trillions. When people talk about $3 billion paid, out, that's nothing — trivial really -- compared to what it should be.
Posted by: Tim Lundeen | April 28, 2016 at 02:10 PM
Thank you, Dr. Yazbak, for this detailed account of the sordid doings and dealings going on behind the scenes of the OAP.
From the inception of the OAP, it NEVER made sense...determine the fate of thousands, and beyond, via trying LESS than a handful of cases? Beyond ridiculous in both theory and practice. The proceedings were rigged from the beginning.
I think Ronald Kostoff's comment is excellent, too.
Posted by: Laura Hayes | April 28, 2016 at 01:24 PM
Dr. Yazbak,
The vaccine manufacturers and their 'hired guns' in Congress, in government, in the media, and in the biomedical community have effectively created the situation where one group of victims is pitted against another group of victims. When we discuss Government compensation for vaccine injury, or some Program compensation, we are talking about the American taxpayers, you and me, paying for damages caused by manufacturers of a defective product. In the case you address, the 5000 children (and their families) suffered the most egregious damage, neurodevelopmental. The remaining question is who will pay for the financial damage.
If the 5000 cases are dismissed, then the 5000 families themselves pay for the damages. If the 5000 cases had been successful, then you and I (the ones who were not responsible for the damage) would pick up the bill (actually, only a modest part of the real total costs). So, the government is essentially pitting the direct victims of the vaccines against the taxpayers as to who will bear the brunt of the financial burden.
The total number of injured is far in excess of 5000. If all those who were actually injured could file in vaccine court, and receive appropriate financial compensation, the payouts could easily be in the TRILLIONS OF DOLLARS (as I showed in Chapter 9 of my eBook). If the American taxpayers had to shell out that type of money, you would bet they would sit up and take notice of the damage these vaccines are causing. Under the present system of compensation, however, with a total payout of ~ three billion dollars for vaccine damage, this amounts to a per capita share of the payout of TEN DOLLARS PER AMERICAN!! Way below the radar!
Forget the shell game about payouts. The above is what's really behind the struggle to eliminate claims for the vaccine court. Hide the reality of the true costs from the American people, and continue business as usual!!!
Posted by: Ronald Kostoff | April 28, 2016 at 11:09 AM
Thank you, Dr. Yazbak. I knew what they did to the Cedillo family was horrible, but not the details. This case damns the DOJ completely as a tool of industry that never again can be trusted, in a decision rendered mere weeks after the inauguration of our new hope, change, the science is settled president.
Posted by: Gary Ogden | April 28, 2016 at 10:34 AM
Yes, my son Fridrik was one of the 5,400 cases that got booted without being heard. Thimerosal poisoning, as in a bioaccumulation and his inability to chelate at the tender age of 0 Days to 2.5 years old pushed him over the edge to the regressive form of autism, or PDD-NOS. Clearly environmental. Clearly vaccines. But he will have his day in (Public) Court before this decade is over. I will see to that. Author of "Master Manipulator" (Poul Thorsen-Saga) and soon to be published "Six Lethal Sins of CDC: A Toxic Legacy of Fraud."
Posted by: James Grundvig | April 28, 2016 at 09:58 AM
Ed
The plotting is endless.
Posted by: John Stone | April 28, 2016 at 09:36 AM
Thank YOU John for reminding us all of those unfortunate events.
They should NEVER be forgotten.
Poor Kids and Poor Parents!
Posted by: Ed Yazbak | April 28, 2016 at 09:33 AM
Such an obvious 'stich up' and the odious Brian Deer very much involved again. I hope the film re 'Callous Disregard' comes to fruition and brings all this into the open, with appropriate action resulting against the criminals involved.
Posted by: susan | April 28, 2016 at 08:56 AM
Thanks Ed
There is a horrifying report by David Kirby of the events precending the court delivering its judgment in February 2009 - apparently the DOJ pushed forward to synchronise this event with new allegations by Brian Deer in the Sunday Times:
---------------------------------------------------------
http://www.ageofautism.com/2009/02/vaccine-court-to-weigh-in-on-thursday.html
Vaccine Court To Weigh In On Thursday
By David Kirby
8:30 PM EST - UPDATE:
I have confirmed the following information:
Members of the US Justice Department’s Office of Public Affairs have been caught somewhat off guard with the news that the MMR autism rulings would be released on Thursday.
Yesterday, I sent a letter to the Court of Federal Claims, and to the Justice Department, asking why the decisions had not yet been handed down. I wrote:
“It seems very clear that the Court is aware of the content of these decisions, yet there does not seem to be any rationale for withholding the rulings any longer. As a journalist, I believe the public has an inherent right to know the decisions made by the Special Masters in a timely and responsible manner.”
I did not hear back from the court. But within 45 minutes, I got this reply from DOJ:
David,
We have no information in response to any of those questions. We, too, are awaiting those decisions from the court.
Charles Miller
Office of Public Affairs
U.S. Department of Justice
That was at 2:30PM yesterday. But by 2:30PM today, Public Affairs staff were bracing for a huge workload and a very long day on Thursday, knowing they would be taking press calls from all over the globe. They are grumbling that the Court did not give them more time to prepare.
Interestingly, and in an unusual move, the DOJ staff are also sending around copies of the Sunday Times of London articles by Brian Deer, about Andy Wakefield’s alleged scientific misconduct - in an effort to discredit him and his work prior to the Vaccine Court rulings.
I have no idea what any of this means, but I thought I would report it.
----------------------------------------------
Obviously, highly prejudicial stage management took precedence over justice. The DOJ in spirit of the case being concluded were only too happy to take advantage of the loutish and now long disproven allegations of Brian Deer. Deer, himself, is comically ignorant or diingenuous:
"That said, I’m also very proud that, like the GMC, the US government sought my help in mounting of its case in Cedillo, copiously borrowing pages of evidence from my website and displaying some in court. I was surprised by this. I assumed that they would have sophisticated contacts with other governments and with industry, and could pretty much get what they wanted."
So, in other words the DOJ were happy to receive information from Deer that they could not obtain legally - Deer, lick-spittle and boot boy to the British and American governments.
Posted by: John Stone | April 28, 2016 at 08:40 AM