UK Editor's Note: At the requets of CHS this article has been updated in line with the current modifications to the original of 27 May 2012.
The medicolegal and auxilary medicolegal assessments must be conducted according to their merits, which, on the basis of an in depth examination of the case in the light of the specialist literature to date, has conclusively established that the young child is suffering from AUTISTIC DISORDER ASSOCIATED WITH MEDIUM COGNITIVE DELAY ascribed with reasonable scientific probability due to the administration of the vaccine MMR occurring on the date 26\3\2004 at the ALS of Riccione It should also be acknowledged that the auxiliary evaluation pursuant to the Medical Commission has expressed the view that there is a permanent impairment of physical and mental integrity established, ascribed to the first category of Table A, attached to the DPR 30 \ 12 \ 81 n.834.Now a further point to be made is that in common law jurisdictions like England, Australia, Canada and the USA and many more, a finding of fact by a Court of first instance is extremely difficult to overturn except in the case of manifest error or some other factor like fraud.
Additionally, it appears the judgement of the Italian Court was by consent, which also appears to mean 1) the Italian health authorities did not contest the findings and 2) they cannot appeal. If a qualified Italian lawyer might like to comment here on CHS on whether that is a correct intepretation of the judgement that would be appreciated. The relevant part of the judgement is:
The case, informed through the production of documents and the testing of medical-legal advice, was discussed at today’s public hearing as a consent decree.The English translation provided here has been kindly provided by Dr JLM Donegan. Dr Donegan is the only English medical practitioner whose advice on vaccination issues has been found in a three week UK General Medical Council legal trial in August 2007 to the standard of beyond a reasonable doubt to be based on valid medical and scientific literature, not to be misleading and unaffected by any personal views Dr Donegan may hold – in other words Dr Donegan’s advice is independent, objective and unbiased. The findings in the case were most unusual. Instead of finding that the GMC prosecution’s case was not proven, the hearing panel made a positive finding and found in Dr Donegan’s favour to the standard of beyond a reasonable doubt that her defence was proven. More information can be found here: UK’s GMC, Dr Jayne Donegan’s Story, Vaccines & MMR The hearing came about after Lord Justice Sedley in the English Court of Appeal condemned Dr Donegan’s evidence to the English Family Court as “junk science”. This was without Dr Donegan even being present, given any opportunity for comment or being represented. [So much for English justice]. The GMC’s expert witness at the GMC trial, Dr David Elliman, then of Great Ormond Street Hospital spent 5 months preparing an expert report against Dr Donegan for the August 2007 hearing for the purpose of having Dr Donegan’s medical licence revoked, only to be forced to admit in cross-examination that he was “quibbling” over a few details.
Interestingly, whilst Dr Elliman was spending all this time on his report for the GMC prosecution there were problems in the unit he managed at Gt Ormond St Hospital. Despite being warned by his professional staff he took no management action. This matter came to a head with what has become known as the scandal of the death of “Baby P”. In short a child died, killed as a result of extensive injuries over many months caused by child abuse by the partner of the child’s mother. Dr Elliman has never been charged by the General Medical Council with anything nor has his licence to practise medicine been revoked. The UK’s General Medical Council appears to have done nothing whatsoever about this despite their main purpose being to regulate the conduct and practice of medical doctors to protect the public. Well, they did not protect “Baby P” and by doing nothing they will not protect all the other “Baby P’s” there may be in future. They did however spend millions of pounds getting Dr Wakefield’s licence revoked and now it appears that all along Dr Wakefield was right. Here follows the translated judgement. Any observations on or suggestions for improvements to the translation or typographical or other errors would be appreciated as this has been prepared as rapidly as reasonably possible
Italian Republic On behalf of the Italian people The Ordinary Court of Rimini Civil Division, Labour Section With a single judge presiding in the person of Judge Lucius ARDIGO’ pronounces JUDGMENT in the civil case, with the ritual of work, registered as N.474 \ 10 RGL brought forward by: XXXX and XXXX on their own behalf and as parents exercising parental authority in the case of their son, a minor xxxx (child) represented and defended by the lawyer. VENTALORO LUCA with an address for service in Viale Principe Amedeo 12 47900 RIMIN at the Chambers of. VENTALORO LUCA -APPLICANT- AGAINST
Posted by Age of Autism at May 26, 2012 at 5:43 AM