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A family lost their case against a vaccine manufacturer today in the U.S. Court of Federal Claims. The family of a 14 year old autistic girl contends that the onset of autism in their child was caused by the mercury-based preservative thiomersal and demanded compensation from the maker of the vaccine.
Apparently claims against manufactures of vaccines are so common that a special court has been set up to give special protection to these companies.
Vaccine court is the popular term which refers to the Office of Special Masters of the U.S. Court of Federal Claims, which administers a no-fault system for litigating vaccine injury claims. These claims against vaccine manufacturers cannot normally be filed in state or federal civil courts, but instead must be heard in the Court of Claims, sitting without a jury.
The program was established by the 1986 National Childhood Vaccine Injury Act (NCVIA), passed by the United States Congress in response to a threat to the vaccine supply due to a 1980s scare over the DPT vaccine.
Despite the belief of most public health officials that claims of side effects were unfounded, large jury awards had been given to some plaintiffs, most DPT vaccine makers had ceased production, and officials feared the loss of herd immunity.
What seems strange to me is every article I read today claimed that because this family did not prevail in court today the controversy about mercury-based thiomersal causing autism is over and vaccines are totally safe, posing no medical risks.
This is a particular concern when you consider the ruling was written by a tax lawyer.
The New York Times:
In his strongly worded decision, the special master, George L. Hastings Jr., ruled that the governments expert witnesses were far better qualified, far more experienced and far more persuasive than the Cedillos.
Although the family had to show only that the preponderance of evidence was on their side, the judge ruled that it was not a close case because the evidence was overwhelmingly contrary to their argument.
Dr. Paul A. Offit, a vaccine researcher and author of Autisms False Prophets, a book attacking anti-vaccine groups, said it was a great day for Americas children when the court rules for science.
U.S. News & World Report:
There is no scientific evidence that childhood vaccines such as the measles-mumps-rubella vaccine caused autism in children of parents seeking compensation from a federal fund, a U.S. court ruled Thursday.
The ruling, which involved test cases of children from three different families, was a setback for parents who had filed claims seeking monetary awards from a U.S.-run vaccine compensation program.
More than 5,500 such claims have been filed.
The claims were reviewed by the Office of Special Masters, part of the U.S. Court of Federal Claims.
Courts have long ruled on medical cases and reviewed science as evidence.
Losing a case because you could not prove your position is understandable but when did courts begin making sweeping medical decisions?
Scientist should stop wasting their time on medical trials and lab work. All they need to do is call a lawyer.
