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Lawsuit
Alleges Vaccine Caused Autism in Children |
Posted:
06.20.07
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Lawyers representing some 5,000 parents of autistic children
began making their case that the makers of vaccines administered
during the first months of their child's life caused a neurological
disorder.
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The
parents, in a class action lawsuit that went to court this month,
claim that thimerosal, a preservative added to vaccines that contains
the toxic chemical mercury, caused their children to develop autism.
Thimerosal is present most notably in the measles, mumps and rubella
vaccine that children are required to receive in many states before
starting kindergarten.
Although several major scientific studies have found no connection
between thimerosal and autism, the parents filing the suit point
to the sharp rise in the number of autism diagnoses over the past
decade and insist the increase is a direct result of mercury-laced
vaccinations.
The proceedings are taking place in the "federal vaccine
court," a court designed to adjudicate cases against vaccine
makers while protecting the industry from bankruptcy. If the court
rules that thimerosal can cause autism, any money awarded to the
families will come from a government fund.
Many of the parents' cases have been awaiting trial for almost
five years. The court is in the process of hearing nine test cases
that will determine the precedent for the thousands of parents
who filed suit against the vaccine makers.
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What is autism? |
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According to the National Institute of Health, autism is a condition
affecting the body's nervous system that can impair thinking,
feeling, communication skills and social interaction.
A person suffering from autism is often said to live in his or
her own world, unable to recognize and relate to other people.
The
condition affects each person differently. There is no typical
autistic person; rather, there is a range of symptoms known as
the autism spectrum. Someone on the low end of the spectrum may
be able to speak but lack normal social behaviors while those
suffering a more acute form of the disease may be completely nonverbal.
Autism is typically diagnosed between the ages of 3 and 4. There
is no medicine or treatment that can cure autism.
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The reasons
for a link |
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A growing number of parents blamed their children's autism on
thimerosal, convinced that the spike in autism diagnoses was due
to something other than genetics.
To argue their case, the parents cited studies that showed autism
levels in the United States rose from one in every 10,000 births
in the 1980s to one in every 166 births in 2003, according to
the New York Times.
The
parents also said infants began receiving higher doses of thimerosal
in 1991 when several new shots containing the preservative, including
a hepatitis B vaccine, were administered along with the measles,
mumps and rubella vaccine. They contended the total amount of
mercury present in the combination of vaccines exceeded government
regulations.
Republican Representative Dan Burton of Indiana, who lobbied
for a thimerosal ban from vaccines, told the New York Times, "My
grandson received nine shots in one day, seven of which contained
thimerosal, which is 50 percent mercury as you know, and he became
autistic a short time later."
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A lack of
scientific proof |
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Many pediatricians, scientists and some parents refute the idea
that thimerosal can cause autism. All major scientific studies
have so far disproved the theory, including a comprehensive study
conducted by the Centers for Disease Control in 2003 that analyzed
over 125,000 children born between 1991 and 1999.
Scientists
also say the level of harmful mercury in each shot is minimal,
equaling the amount found in a tuna fish sandwich.
Skeptics of the autism-thimerosal connection believe the rise
in the number of autism diagnoses is predominantly due to social
factors.
The autism spectrum has expanded over the past 20 years and today
encompasses a much greater range of affected people, particularly
those with only mild forms of the syndrome. Children who may once
have been labeled either "mentally retarded" or "learning
disabled" are now classified as autistic, the San Francisco
Chronicle reported. Such classification usually qualifies the
student for financial aid, as well as special education assistance.
Pediatricians, meanwhile, stress the importance of infant immunizations
to eliminate many types of diseases.
"We need a war on autism, not a war on childhood vaccines,"
Dr. Peter Hotez, a vaccine researcher at George Washington University
and father of an autistic daughter, told the New York Times.
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Courtroom
action |
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The vaccine court is charged with determining whether a link
between autism and thimerosal exists. If it decides in favor of
the nearly 5,000 families, a settlement worth millions of dollars
is likely.
To rule in favor of the parents, the court only needs to find
"a link between autism and the shots is more likely than
not," and does not require scientific proof, according to
the Associated Press.
The
court is expected to finish hearing the nine test cases by the
end of June. These nine cases will set precedents for thousands
of similar cases.
Any decision will have little bearing on vaccines currently administered
to children, as thimerosal was removed from vaccines in 1999.
Although critics of the vaccine believe the decision came too
late, government health agencies, pediatricians and researchers
say the vaccines were always safe, explaining that autism rates
remain just as high today.
--Compiled
by Brian Mason for NewsHour Extra
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