- Justice Sotomayor , with whom Justice Ginsburg joins, dissenting, RUSSELL BRUESEWITZ, et al ., PETITIONERS v. WYETH LLC,
- Provides blanket liability protection for all involved in vaccine design, production and distribution when injury or death from vaccine occurs.
- Provides that CDC Vaccine Information Sheets (
- Establishes the HRSA Vaccine Injury Compensation Program, designed to be a compassionate program with a low burden of proof to provide for vaccine induce injury and death quickly (with in one year) to maintain confidence in the vaccine program. http://www.hrsa.gov/vaccinecompensation/index.html
27 years later the consequences of this well intended law have been devastating untold numbers of families, including mine.
1) The number of vaccines administered has skyrocketed
2) The HRSA Vaccine Injury Compensation Program (VICP) has become a farce.
3) Parents and patients are NOT given informed consent as VICA (and LD 672 An Act Relating to Exemption from Immunization for Schoolchildren) intends
A) In the case of the condition that is commonly diagnosed as "Autism":
1. While many public health agencies either give the impression or outright state that vaccines do not cause autism, research into the VICP has found 83 autism cases that were paid by the program under the diagnosis of "Vaccine Encephalopathy," the medical term for brain damage. (http://www.ebcala.org/unanswered-questions)
This was approximately 40% of the sample of VICP Encephalopathy cases that were examined. If this percentage holds true for the entire 1300+ cases paid by the program, VICP may have paid as many as 500 "autism" cases.
2. The VICP Vaccine Injury Table actually lists the condition commonly known as "autism" as a outcome of the MMR and DTaP vaccine, but refers to it as "decreased level of consciousness/reduced consciousness."
Refer to Vaccine Injury Table and compare to the information provide to parents on the DTaP VIS Sheet:
Parents are never told to look for "decreased or absent eye contact," or told that it is a symptom of vaccine induced brain damage.
3. HRSA has outright admitted that vaccines can cause the condition that is diagnosed as "autism."
When this legal maneuvering came to light after CNN aired a press conference given by The Poling family about their autistic daughter's VICP ruling, a reporter submitted a question to HRSA asking if this was an admission that vaccines can cause autism. This is the statement that was issued by the Obama Administration (emphasis mine)
"From: Bowman, David (HRSA) [mailto:DBowman@hrsa.gov]
Sent: Friday, February 20, 2009 5:22 PM
Subject: HRSA Statement
In response to your most recent inquiry, HRSA has the following
The government has never compensated, nor has it ever been ordered to
compensate, any case based on a determination that autism was actually
caused by vaccines. We have compensated cases in which children
exhibited an encephalopathy, or general brain disease. Encephalopathy
may be accompanied by a medical progression of an array of symptoms
including autistic behavior, autism, or seizures.
Some children who have been compensated for vaccine injuries may have
shown signs of autism before the decision to compensate, or may
ultimately end up with autism or autistic symptoms, but we do not track
cases on this basis.
Office of Communications
Health Resources and Services Administration
Subsequently, other families began to share their VICP rulings with the public. One such case was that of Bailey Banks, where the wording of the ruling left no question of wavering on the issue
"The Court found that Bailey's ADEM was both caused-in-fact and proximately caused by his vaccination. It is well-understood that the vaccination at issue can cause ADEM, and the Court found, based upon a full reading and hearing of the pertinent facts in this case, that it did actually cause the ADEM. Furthermore, Bailey's ADEM was severe enough to cause lasting, residual damage, and retarded his developmental progress, which fits under the generalized heading of Pervasive Developmental Delay, or PDD [an autism spectrum disorder]. The Court found that Bailey would not have suffered this delay but for the administration of the MMR vaccine, and that this chain of causation was... a proximate sequence of cause and effect leading inexorably from vaccination to Pervasive Developmental Delay." http://big.assets.huffingtonpost.com/BANKS_CASE.pdf
4. The vast majority of research into the vaccine/autism link DOES find an association between vaccines and what is known as "autism."
I have attached 60 published papers to that effect in the appendix.
5. Sanofi Pasteur now lists autism as a reported outcome on the vaccine package insert of their DTaP vaccine "Tripedia," and has since 2005. http://www.fda.gov/downloads/BiologicsBloodVaccines/Vaccines/ApprovedProducts/UCM101580.pdf
DESPITE THIS AND MUCH MORE... PARENTS ARE NOT INFORMED THAT AUTISM IS AN OUTCOME THAT THEIR CHILD MAY HAVE FROM VACCINES
B) Despite the fact that HRSA has ruled that the Hepatitis B vaccine can cause the deadly conditions of Multiple Sclerosis and Lupus, parents are not informed of this on the CDC VIS sheets:
VICP ruled in the case of Tambra Harris, that the deadly illness "she had suffered as a result of receiving a hepatitis B vaccination was systemic lupus erythematosus (SLE)." (Note that ruling took ten years)
- Louonia Denice Harris, Administratrix of the Estate of Tambra Harris, V. Secretary of the Department of Health and Human Services, No. 01-499V, March 23, 2011, http://www.uscfc.uscourts.gov/sites/default/files/CAMPBELL-SMITH.HARRIS032311.pdf
"Entitlement; Hep B vaccine; two months later, Devic's Disease (a variant of MS) then death."
- JANE DOE/29, Personal Representative of the Estate of DECEDENT, V. Secretary of the Department of Health and Human Services, No. [redacted]V, January 16, 2009, http://www.uscfc.uscourts.gov/sites/default/files/MILLMAN.DOE012109B_0.pdf
Despite this, CDC's web site claims the following:
"Numerous studies have evaluated a possible relationship between hepatitis B vaccination and multiple sclerosis (MS). The weight of the available scientific evidence does not support the suggestion that hepatitis B vaccine causes or worsens MS."
This leads is to an important question...
Why would HHS not want to disclose accurate risk information to parents?
C) HHS does not disclose that it is the patent holder on the HPV vaccine, and receives royalty checks on every dose of Merck's Gardasil and GSK's Cervarix.
HHS owns the patent through NIH, licenses the vaccine through FDA, recommends the vaccine through CDC, and is its own judge in vaccine injury cases through HRSA.
This gives HHS a powerful reason not to investigate Gardasil injury cases like Jenny Tetlock's.
The Canary Party urges the State of
Vaccine policy should not be based merely on the reduction of communicable disease levels, but on overall health outcomes for children, including the true increased risk of autoimmune and neurological disorders that may be caused by an overaggressive and inappropriate vaccine schedule.
Electronic copies of this presentation and all documents can be found at:
Research supporting the argument that vaccine induced brain injury can cause autism
1. Metabolic biomarkers of increased oxidative stress and impaired methylation capacity in children with autism
American Journal of Clinical Nutrition, Vol. 80, No. 6, 1611-1617, December 2004
Toxicology and Applied Pharmacology, 2006
3. Vaccine Safety Study as an Interesting Case of "Over-Matching"
M. Catherine DeSoto and Robert T. Hitlan,
4. Uncoupling of ATP-mediated Calcium Signaling and Dysregulated IL-6 Secretion in Dendritic Cells by Nanomolar Thimerosal
Environmental Health Perspectives, July 2006.
5. Empirical Data Confirm Autism Symptoms Related to Aluminum and Acetaminophen Exposure
Entropy, November 7, 2012
6. Comparison of Blood and Brain Mercury Levels in Infant Monkeys Exposed to Methylmercury or Vaccines Containing Thimerosal
Environmental Health Perspectives, Aug 2005.
7. Increases in the number of reactive glia in the visual cortex of Macaca fascicularis following subclinical long-term methyl mercury exposure.
Toxicology and Applied Pharmacology, 1994
8. Neuroglial Activation and Neuroinflammation in the Brain of Patients with Autism
Annals of Neurology, Feb 2005.
Clinical Neuropsychiatry, 2005
10. Activation of Methionine Synthase by Insulin-like Growth Factor-1 and Dopamine: a Target for Neurodevelopmental Toxins and Thimerosal
Molecular Psychiatry, July 2004.
11. Validation of the Phenomenon of Autistic Regression Using Home Videotapes
Archives of General Psychiatry, 2005
12. Blood Levels of Mercury Are Related to Diagnosis of Autism: A Reanalysis of an Important Data Set
Journal of Child Neurology, Vol. 22, No. 11, 1308-1311 (2007)
13. Developmental Regression and Mitochondrial Dysfunction in a Child With Autism
Journal of Child Neurology / Volume 21, Number 2, February 2006
14. Oxidative Stress in Autism: Elevated Cerebellar 3-nitrotyrosine Levels
American Journal of Biochemistry and Biotechnology 4 (2): 73-84, 2008
15. Large Brains in Autism: The Challenge of Pervasive Abnormality
The Neuroscientist, Volume 11, Number 5, 2005.
16. Evidence of Toxicity, Oxidative Stress, and Neuronal Insult in Autism
Journal of Toxicology and Environmental Health, Nov-Dec 2006.
17. Oxidative Stress in Autism
18. Thimerosal Neurotoxicity is Associated with Glutathione Depletion: Protection with Glutathione Precursors
Neurotoxicology, Jan 2005.
19. Aluminum adjuvant linked to gulf war illness induces motor neuron death in mice
Neuromolecular Medicine, 2007
20. Environmental mercury release, special education rates, and autism disorder: an ecological study of Texas
Health & Place, 2006
21. Autism Spectrum Disorders in Relation to Distribution of Hazardous Air Pollutants in the SF Bay Area
Environmental Health Perspectives – Vol. 114 No. 9, September, 2006
22. A Case Series of Children with Apparent Mercury Toxic Encephalopathies Manifesting with Clinical Symptoms of Regressive Autistic Disorder
Journal of Toxicology and Environmental Health, 2007
23. Attention-deficit hyperactivity disorder and blood mercury level: a case-control study in chinese children
Neuropediatrics, August 2006 - P.R. Kong [Department of Pediatrics and Adolescent Medicine, The University of Hong Kong].
24. The Changing Prevalence of Autism In California
Journal of Autism and Developmental Disorders, April 2003
25. Mitochondrial Energy-Deficient Endophenotype in Autism
American Journal of Biochemistry and Biotechnology 4 (2): 198-207, 2008
26. Bridging from Cells to Cognition in Autism Pathophysiology: Biological
Pathways to Defective Brain Function and Plasticity
American Journal of Biochemistry and Biotechnology 4 (2): 167-176, 2008
27. Heavy-Metal Toxicity—With Emphasis on Mercury
John Neustadt, ND, and Steve Pieczenik, MD, PhD
28. Evidence of Mitochondrial Dysfunction in Autism and Implications for Treatment
American Journal of Biochemistry and Biotechnology 4 (2): 208-217, 2008
29. Proximity to point sources of environmental mercury release as a predictor of autism prevalence
Health & Place, 2008
30. Epidemiology of autism spectrum disorder in Portugal: prevalence, clinical characterization, and medical conditions
Developmental Medicine & Child Neurology, 2007
31. Thimerosal induces neuronal cell apoptosis by causing cytochrome c and apoptosis-inducing factor release from mitochondria.
International Journal of Molecular Medicine, 2006
32. Mitochondrial mediated thimerosal-induced apoptosis in a human neuroblastoma cell line (SK-N-SH) .
33. Possible Immunological Disorders in Autism: Concomitant Autoimmunity and Immune Tolerance
The Egyptian Journal of Immunology, 2006
34. Vaccines and Autism: What do Epidemiological Studies Really Tell Us
Coalition for SafeMinds
35. Thimerosal exposure in infants and neurodevelopmental disorders: An assessment of computerized medical records in the Vaccine Safety Datalink .
Young HA, Geier DA, Geier MR.
36. Glutathione, oxidative stress and neurodegeneration
Eur J Biochem. 2000 Aug;267(16):4904-11.
37. Hepatitis B triple series vaccine and developmental disability in US children aged 1-9 years
Journal Toxicological & Environmental Chemistry, Volume 90, Issue 5 September 2008 , pages 997 - 1008
38. Induction of metallothionein in mouse cerebellum and cerebrum with low-dose thimerosal injection.
Cell Biology and Toxicology. 2009 Apr 9. [Epub ahead of print]
39. Mercury induces inflammatory mediator release from human mast cells
Journal of Neuroinflammation 2010, 7:20 doi:10.1186/1742-2094-7-20
40. Influence of pediatric vaccines on amygdala growth and opioid ligand binding in rhesus macaque infants: A pilot study
Acta Neurobiol Exp 2010, 70: 147–164 Polish Neuroscience Society - PTBUN, Nencki Institute of Experimental Biology
41. Cultured lymphocytes from autistic children and non-autistic siblings up-regulate heat shock protein RNA in response to thimerosal challenge.
Neurotoxicology. 2006 Sep;27(5):685-92. Epub 2006 Jun 16.
42. Hepatitis B Vaccination of Male Neonates and Autism
Annals of Epidemiology , Vol. 19, No. 9 ABSTRACTS (ACE), September 2009: 651-680,
43. Neonatal administration of a vaccine preservative, thimerosal, produces lasting impairment of nociception and apparent activation of opioid system in rats.
Brain Res. 2009 Dec 8;1301:143-51. Epub 2009 Sep 9.
44. Sorting out the spinning of autism: heavy metals and the question of incidence
Acta Neurobiol Exp 2010, 70: 165–176
45. Urinary Porphyrin Excretion in Neurotypical and Autistic Children
Environ Health Perspect. 2010 Oct;118(10):1450-7. Epub 2010 Jun 24.
46. Mitochondrial dysfunction in autism spectrum disorders: a systematic review and meta-analysis
Molecular Psychiatry advance online publication 25 January 2011;doi: 10.1038/mp.2010.136
47. Sensitization effect of thimerosal is mediated in vitro via reactive oxygen species and calcium signaling .
Toxicology. 2010 July - August;274(1-3):1-9. Epub 2010 May 10.
50. Theoretical aspects of autism: Causes—A review
Journal of Immunotoxicology, January-March 2011, Vol. 8, No. 1 , Pages 68-79
51. A Positive Association found between Autism Prevalence and Childhood Vaccination uptake across the U.S. Population
Journal of Toxicology and Environmental Health, Part A: Current Issues
Volume 74, Issue 14, 2011, Pages 903 - 916
52. Ancestry of pink disease (infantile acrodynia) identified as a risk factor for autism spectrum disorders .
J Toxicol Environ Health A. 2011 Sep 15;74(18):1185-94.
53. Do aluminum vaccine adjuvants contribute to the rising prevalence of autism?
J Inorg Biochem. 2011 Nov;105(11):1489-99. Epub 2011 Aug 23.
54. Lasting neuropathological changes in rat brain after intermittent neonatal administration of thimerosal.
55. Hepatitis B vaccine induces apoptotic death in Hepa1-6 cells
Apoptosis. 2012 Jan 17. Hamza H, Cao J, Li X, Li C, Zhu M, Zhao S.
56. Risk Factors for Autistic Regression: Results of an Ambispective Cohort Study .
J Child Neurol. 2012 Jan 30. [Epub ahead of print]
57. Adverse events following 12 and 18 month vaccinations: a population-based, self-controlled case series analysis.
PLoS One. 2011;6(12):e27897. Epub 2011 Dec 12.
58. Administration of thimerosal to infant rats increases overflow of glutamate and aspartate in the prefrontal cortex: protective role of dehydroepiandrosterone sulfate .
Neurochem Res. 2012 Feb;37(2):436-47. Epub 2011 Oct 21.
59. Neonatal Administration of Thimerosal Causes Persistent Changes in Mu Opioid Receptors in the Rat Brain
Neurochem Res. 2010 November; 35(11): 1840–1847.
60. Unanswered Questions: A Review of Compensated Cases of Vaccine-Induced Brain Injury
Pace Environmental Law Review, vol. 28, no. 2, 2011