Autism Omnibus families denied compensation
Vaccine Court decisions offer more questions than answers
After a year and a half of deliberations, special masters assigned to the Autism Omnibus cases have made decisions in the first set of test cases. In all three cases, the judges decided against awarding compensation to the Cedillo, Hazelhurst and Snyder families.
The causation theory for these test cases is that a combination of thimerosal and the measles, mumps and rubella (MMR) vaccine caused autism. The rulings indicate that the special masters believe that the burden of proof was not met. In vaccine court, petitioners must prove that it is “more likely than not” that vaccines were the cause of a child’s autism.
Michelle Cedillo’s case was the first autism omnibus case to be heard in June of 2007. On February 12, Special Master George Hastings concluded, “In this case the evidence advanced by the petitioners has fallen far short of demonstrating such a link. Accordingly, I conclude that the petitioners in this case are not entitled to a Program award on Michelle’s behalf.”
“This clearly illustrates why we need more science,” says James Moody, Esq., an Autism Omnibus lawyer. As in any other case, the petitioner is responsible for meeting the burden of proof. But in the case of the omnibus proceedings, there is just not enough published research to do so. “There is research in the works that could overturn these decisions, but it is not out there yet.”
“The decisions are a huge mixed message,” says Lisa Ackerman, founder of Talk About Curing Autism (TACA). Ackerman followed the Cedillo case closely and says that there were strong similarities between 14-year old Michelle and Hannah Poling, whose case was conceded by the vaccine court last year.
Ackerman says that the decisions only lead to more questions and quotes Hannah’s father, Jon Poling, M.D., “How do we know what autism is not if we don’t know what autism is?” Ackerman says that if the government cannot come up with a definitive cause for autism, it cannot rule out possibilities. She is encouraged, though, by the 19-month deliberation period, “It leads me to believe that they were troubled by the evidence.”
Moody believes that the other three test cases, in which decisions are still pending, will likely be similar to these decisions. “Until we have more science, we will not have answers. These trials have no discovery, no jury, no access to the Vaccine Safety Data (VSD), and the government will not fund research. These parents have not yet really had their day in court.”
The Cedillo, Hazelhurst and Snyder cases will be reviewed and appealed. The test cases for the second theory of causation, thimerosal alone causes autism, are still pending.
———————
Read the courts full report on their rulings here:
http://www.uscfc.uscourts.gov/node/5026
ftp://autism.uscfc.uscourts.gov/autism/vaccine/Hastings-Cedillo.pdf
ftp://autism.uscfc.uscourts.gov/autism/vaccine/Campbell-Smith%20Hazlehurst%20Decision.pdf
ftp://autism.uscfc.uscourts.gov/autism/vaccine/Vowell.Snyder.pdf
there is just not enough published research to do so. There is research in the works that could overturn these decisions, but it is not out there yet.