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Monday September 6, 2010

Legal NewsHealth & Medicine

Vaccine Is Not Responsible for Autism, Special Court Rules

In a legal blow to thousands of parents of autistic children, a special court has ruled that a common vaccine is not responsible for causing their children’s neurological disorder.

The U. S. Court of Federal Claims ruled on cases filed on behalf of nearly 5,000 families with autistic children who were seeking financial compensation from the Vaccine Injury Compensation Program at the Department of Health and Human Services.

Vaccine-Autism Claims are ‘Speculative’ and ‘Unpersuasive’

In rejecting the families’ claims, the court held that the families had failed to establish that the vaccine for measles, mumps, and rubella had caused their children’s autism, calling their claims of a link between the two “speculative and unpersuasive.”

In order to prevail on their claims, the families had to show that it was more likely than not that their children’s autism was directly related to the measles-mumps-rubella shots the children received.

The court, citing decades of scientific research showing no risk of autism from vaccines, concluded that “the weight of scientific research and authority” was “simply more persuasive on nearly every point in contention.”

Millions of U.S. Children Are Autistic

Autism is a severe brain development disorder which causes impaired communication and social interaction. Autistic children often engage in repetitive behaviors, such as rocking in place, banging their heads, or touching items. Symptoms of the disorder begin before a child is three-years old and are about three times more common in boys than in girls. It is estimated that between six and 12 out of every 1,000 people in the country have a form of autism.

Thimerosal Cases Still Pending

While the court dismissed the claims of a link between a specific vaccine and autism, there are other cases still pending alleging a link between autism and a chemical preservative that was used in many vaccines.

Thimerosal, which contains mercury, has been used in vaccines since the 1930s. More recently, studies linking its use to autism in children have prompted a reduction in the numbers of vaccines containing thimerosal. Thimerosal-free vaccines are now more common.

However, while the vaccine court did not rule on the thimerosal claims, the court may have tipped its hand about how it is leaning in deciding those cases.

In issuing its ruling, the court noted, “… the petitioners have failed to demonstrate that thimerosal-containing vaccines can contribute to causing immune dysfunction.”

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