Causation Portion of Thimerosal/Autism Vaccine Proceeding Began on June 11
6/11/2007
After nearly five years of preparation, the first test case for claims in the Omnibus Autism Proceeding in the United States Court of Federal Claims began on June 11, 2007 in the U.S. Federal Circuit Courthouse in Washington, D.C. The Omnibus Autism Proceeding was established in July 2002 as a means to address the common issues of causality in claims brought under the National Vaccine Injury Compensation Program ("Program")1. Claimants allege that certain childhood vaccines and/or components of those vaccines (thimerosal in particular) cause neurotoxicity and other auto-immune reactions leading to neurodevelopmental disorders including autism. Under the Program, persons who have sustained an injury because of the receipt of certain vaccines can seek compensation for their injuries. Initiated in 1986, it is intended to be a no-fault, non-adversarial means for vaccine-injured persons to seek redress. Lommen Abdo became involved in "vaccine litigation" in 2002 when the firm filed its first thimerosal-related claim. The theory is that thimerosal, a mercury-containing preservative added to multi-dose vials of childhood vaccines, causes neurotoxicity in certain susceptible populations, which in turn leads to autism, developmental delays and other such neurological conditions. Lommen Abdo has 31 thimerosal cases filed under the program. Altogether there are more than 4,800 thimerosal-related cases filed.
Attorneys from around the country who represent thimerosal-injured persons with claims in the program have formed a Petitioners’ Steering Committee (PSC). The "Vaccine Court," the Court of Federal Claims, Office of Special Masters, charged with hearing these claims, established the Omnibus Autism Proceeding in July 2002. This was done to permit the PSC to first litigate the issue of general causation – does thimerosal cause neurotoxicity – before the merits of each individual claim is determined. Sheila Bjorklund, a Lommen Abdo attorney, is on the executive committee of the PSC and co-chairs the legal subcommittee.
The PSC has retained national experts in the areas of epidemiology, cell science, toxicology and medicine. Many of these experts have already published results of studies indicating a causal connection between thimerosal exposure and neuro injury. Research is ongoing. Additionally, the PSC and its experts are in the process of obtaining vaccine injury data in the control of the Centers for Disease Control, some of which was used and relied on by government researcher to pooh-pooh any connection.
Two theories of causation will be presented by the Petitioners’ Steering Committee, beginning in June 2007. One involves the synergistic effect between thimerosal containing vaccines and the MMR ,when given in close proximity, on the immune system and brain cells. The second theory addresses the multi-system effect of thimerosal on the body including the immune system and brain cell metabolism.
In the initial round of hearings, the thimerosal/MMR causation theories will be presented. The first test case will be presented in June, with two additional test cases to be presented by the end of 2007. The first hearing is expected to last approximately three weeks. While all of the final details regarding the hearing have not been ironed out yet, the courtroom will be open to the public. The proceedings will also be webcast via approximately 10,000 lines for persons around the country who wish to listen to the hearings without having to travel to DC to attend. The audio-feeds will be password-protected. The Office of Special Masters, Court of Federal Claims website will also likely have each day’s proceedings saved as a downloadable audio file, and this would be available to the public without a password.
Once the test cases on causation have been presented and ruled upon by the Special Masters, the remaining individual cases will be heard.
Sheila Bjorklund was interviewed on June 12th for an article appearing on about.com concerning autism spectrum disorders. To check out the article, click on this link: http://autism.about.com.
1Vaccine administration is part of the everyday preventive health care provided to patients. Vaccines have eradicated once devastating diseases such as polio and small pox and have greatly reduced morbidity from other disease such as measles and rubella. In most cases, persons who receive a vaccine have little or no adverse effect from the vaccine. However, in rare situations, a patient may have a significant adverse reaction to the vaccination causing serious, permanent injury. When such a situation arises, the patient may be entitled to compensation for those injuries under the no-fault National Vaccine Injury Compensation Act ("the Act").
The Lommen Abdo Law Firm represents injured people in vaccine injury cases and can help pursue these type of claims. If you would like to receive a brochure that contains more information about vaccine injuries and the no-fault program, please contact Beth Ryan, Legal Administrative Assistant, at 612-336-1270, 800-752-4297, or bethr@lommen.com. The brochure explains the Act and the options available to assure that future needs are appropriately compensated for the person injured. Sheila Bjorklund, a Lommen Abdo shareholder, practices before the Vaccine Injury Court. Ms. Bjorklund may be reached at 612-336-9312, 800-752-4297, or sheila@lommen.com.