Lawyers Debate Childhood Vaccine, Autism Link

By KEVIN FREKING, Associated Press
May 13, 2008

WASHINGTON — Parents claiming that childhood vaccines cause autism should not be rewarded by the courts when the scientific community has already rejected any link, government lawyers argued yesterday on the first day of a hearing in federal court.

Overall, nearly 4,900 families have filed claims with the U.S. Court of Claims alleging that vaccines caused autism and other neurological problems in their children. Lawyers for the families are presenting three different theories of how vaccines caused autism. The theory at issue yesterday was whether vaccines containing the preservative thimerosal caused autism.

A Justice Department lawyer, Lynn Ricciardella, said that theory has not moved beyond the realm of speculation. She said the Institute of Medicine and the Centers for Disease Control and Prevention have rejected any link between thimerosal and autism.

"There is no scientific debate," Ms. Ricciardella said. "The debate is over."

Autism is a developmental disability that typically appears during the first three years of life and affects a person's ability to communicate and interact with others. Medical experts don't have a comprehensive understanding of what causes autism, but they do know there is a strong hereditary component.

Thimerosal has been removed in recent years from standard childhood vaccines, except flu vaccines that are not packaged in single doses. The CDC says single-dose flu shots currently are available only in limited quantities.

Under a two-decades-old program, individuals claiming injury from a vaccine must file a petition for "no-fault" compensation with the U.S. Court of Federal Claims. The secretary of Health and Human Services replaces the vaccine manufacturer or vaccine administrator to defend the claim.

Two 10-year-old boys from Portland, Ore., will serve as test cases to determine whether thousands of families can be compensated. Attorneys for the boys will try to show they were happy, healthy, and developing normally — but, after being exposed to vaccines with thimerosal, they began to regress.

To win, the attorneys for the two boys, William Mead and Jordan King, will have to show that it's more likely than not that the vaccine actually caused the injury, which they described as regressive autism.