Government health officials have conceded that
childhood vaccines worsened a rare, underlying disorder that
ultimately led to autism-like symptoms in a Georgia girl,
and that she should be paid from a federal vaccine-injury
fund.
Medical and legal experts say the narrow wording and circumstances
probably make the case an exception — not a precedent
for thousands of other pending claims.
The government "has not conceded that vaccines cause
autism," said Linda Renzi, the lawyer representing federal
officials, who have consistently maintained that childhood
shots are safe.
However, parents and advocates for autistic children see
the case as a victory that may help certain others. Although
the science on this is very limited, the girl's disorder may
be more common in autistic children than in healthy ones.
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"It's a beginning," said Kevin Conway, a Boston
lawyer representing more than 1,200 families with vaccine
injury claims. "Each case is going to have to be proved
on its individual merits. But it shows to me that the government
has conceded that it's biologically plausible for a vaccine
to cause these injuries. They've never done it before."
A lawyer for the 9-year-old girl has scheduled a news conference
in Atlanta on Thursday. Her parents have declined to comment
in the meantime because the case is not final and the payment
amount has not been set.
Nearly 5,000 families are seeking compensation for autism
or other developmental disabilities they blame on vaccines
and a mercury-based preservative, thimerosal. It once was
commonly used to prevent bacterial contamination but since
2001 has been used only in certain flu shots. Some cases contend
that the cumulative effect of many shots given at once may
have caused injuries.
The cases are before a special "vaccine court"
that doles out cash from a fund Congress set up to pay people
injured by vaccines and to protect makers from damages as
a way to help ensure an adequate vaccine supply. The burden
of proof is lighter than in a traditional court, and is based
on a preponderance of evidence. Since the fund started in
1988, it has paid roughly 950 claims — none for autism.
Studies repeatedly have discounted any link between thimerosal
and autism, but legal challenges continue. The issue even
cropped up in the presidential campaign, with Republican John
McCain asserting on Friday that "there's strong evidence"
autism is connected to the preservative.
The girl has a disorder involving her mitochondria, the energy
factories of cells. The disorder — which can be present
at birth from an inherited gene or acquired later in life
— impairs cells' ability to use nutrients, and often
causes problems in brain functioning. It can lead to delays
in walking and talking.
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