National Program Takes Significant Step To Sort Out Vaccine/Autism Causation Issue

8/14/2008

8/14//2008 Update:

  • About five thousand cases have been filed with the NVICP on behalf of children with neurodevelopmental disorders such as PDDNOS or Autism; these cases allege that the children were injured through exposure to Thimerosal contained in childhood vaccines. While most vaccine manufacturers voluntarily removed Thimerosal from most vaccines in 2001, the influenza vaccine still contains Thimerosal.  And some vaccines continue to have a trace amount of Thimerosal used in one manufacturing process.
     
  • Three test cases were heard in 2007 on the theory that some children developed a persistent measles virus following receipt of MMR (the measles vaccine) and that virus, in combination with exposure to Thimerosal containing vaccines, caused immune dysregulations and led to their development of neurodevelopmental disorders such as PDDNOS or Autism.  No rulings have been issued by the Court of Federal Claims/Office of Special Masters in these test cases.  Rulings are anticipated in late 2008.
     
  • Three test cases were also heard in May 2008 on the theory that Thimerosal containing vaccines alone have caused certain susceptible children to develop neurodevelopmental disorders.  Rulings on these test cases are expected in 2009.
     
  • A final causation theory will be presented in late 2008 alleging that the MMR vaccine alone has caused certain susceptible children to develop a persistent measles virus leading to neurodevelopmental injuries.

8/29/2002
National Program Takes Significant Step To Sort Out Vaccine/Autism Causation Issue

The United States Court of Federal Claims has issued an order to address an unusual situation facing the National Vaccine Injury Compensation Program (NVICP). To-date over 400 cases alleging a causal relationship between vaccines containing the preservative thimerosal and autism disorders have been filed. 300 of those cases have been filed in the last six months alone. Numerous civil lawsuits have been filed against the vaccine manufacturers across the country. A recent ruling in Texas holds that all such cases must be brought through the NVICP. Following that decision, the Court of Special Claims anticipates that 3,000 to 5,000 vaccine injury petitions will be filed with the NVICP. The NVICP asserts that such filings would stretch thin its resources. With the multitude of filings, there is a potential for inconsistent rulings as to general and specific causation.

Thus, after meetings with practitioners on both sides of the issue, the Office of Special Masters has issued an Order establishing a procedure to follow in determining these claims. First, the general causation issue will be determined: Does thimerosal cause neurotoxicity leading to autism disorders and, if so, in what circumstances? That decision must be rendered within two years of the general order. That general conclusion will then be applied to the individual cases.

During this general causation determination process, those wishing to make a claim may simply file a short form that will act basically as a placeholder. If someone wishes to proceed outside of this system, they may file their full petition and go through the standard NVICP process. They will, however, have to bear the burden of proving the causation between the vaccine and the autism disorder. Lommen Nelson is currently preparing short forms to submit on behalf of clients who have children with autism that medical experts believe may have been triggered by the thimerosal in a childhood vaccine.

For more information about the possible connection between certain autism disorders and childhood vaccines, go to Firm investigates link between vaccines and autism.

Sheila Bjorklund is a former public health nurse and registered nurse and now an attorney with Lommen Nelson. Ms. Bjorklund is admitted to practice in both Minnesota and Wisconsin. For more information, please contact Ms. Bjorklund, 612-336-9312 or 800-752-4297, or sheila@lommen.com.