Results by Google
Home News 

Story

Government Concedes Vaccines May Have Injured Georgia Girl

Posted: 5:30 pm EST March 5, 2008Updated: 11:01 am EST March 6, 2008

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.

  • READ: Notes On Joint Statement On Autism/Vaccine Settlement Case
  • "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 Hannah Poling, 9, and her parents has scheduled a news conference Thursday in Atlanta.

    In an interview Wednesday with The Atlanta Journal-Constitution, Hannah's parents, Jon and Terry Poling, said the government's concession in the case will help pay for the numerous therapists and other medical experts their autistic child needs — now and for the rest of her life.

    "At least we have some commitment from the government to take care of Hannah when we're gone," said Dr. Jon Poling, a neurologist.

    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.

    Federal officials say the law bars them from discussing the case or releasing documents without the family's permission. However, The Associated Press obtained a copy of the concession by U.S. Department of Health and Human Services officials.

    According to the document, five vaccines the girl received on one day in 2000 aggravated her mitochondrial condition, predisposing her to metabolic problems that manifested as worsening brain function "with features of autism spectrum disorder." In the 1990s, the definition of autism was expanded to take in a group of milder, related conditions, which are known as autism spectrum disorders.

    The document does not address whether it was the thimerosal -- or something else entirely in the vaccines -- that was at fault.

    The compensation fund lists problems with brain function as a rare side effect of certain vaccines. Such problems are enough on their own to warrant compensation, even without autism-like symptoms, and the fund has made numerous payouts in such cases.

    The Health Resources and Services Administration, which is in charge of the fund, said: "HRSA has maintained and continues to maintain the position that vaccines do not cause autism."

    A Portuguese study suggested that 7 percent of autistic children might also have the mitochondrial disorder, versus one in 5,000 people -- or 0.02 percent -- in the general population, said Dr. Marvin Natowicz, a Cleveland Clinic geneticist.

    "Even if they're off by a factor of seven" and only 1 percent are afflicted, "it's still a striking statistic," he said.

    Others said they doubt the Georgia case will have much effect.

    "No link between mitochondrial disorders and autism spectrum disorder has been made in mainstream medicine," said Dr. Michael Pichichero of the University of Rochester in Rochester, N.Y., who has consulted for the government on vaccines and has received speaking fees from vaccine makers.

    A decision is expected this spring on the first test case for a larger group of autism-vaccine claims, which are being heard in the U.S. Court of Federal Claims.

    Reported cases of autism have been rising in the U.S., even after thimerosal was removed from most childhood vaccines. However, some experts believe the rise is due to an expansion of the definition of autism and related conditions, and a desire to diagnose children so they qualify for special services and aid.

    More Headlines

    2 Investigates

    A startling new report suggests that many weather observation stations in the U.S. and Georgia are gathering inaccurate data. Tom Regan reports. Full Story ››
    WEB EXTRA: Temperature Recording Stations

    A Whistleblower 2 Investigation has found that scores -- probably hundreds of people -- charged with violent felonies are released from the Fulton County Jail without having to post bail. The county's chief superior court judge says the program is a huge success -- but even she acknowledges it was never intended for defendants charged with violent crimes. Channel 2's Richard Belcher has the story. Full Story ››
    WEB EXTRA: Pretrial Release Program Documents


    Every week, the roads of metro Atlanta are the scene of major tractor-trailer wrecks. Now, the parents of a college student killed by a speeding truck have launched a campaign to mandate speed limiting equipment on heavy trucks. Channel 2's Tom Regan recently talked with the family. Full Story ››
    WEB EXTRA: RAW VIDEO: Truck Crashes Caught On Tape


    In record numbers, foreign students flock to the U.S. in search of a great education. But Channel 2 has learned that more than 170,000 have broken the rules while here. That has led to dozens of arrests in Georgia alone and critics wonder if the government's tracking system is in trouble. Channel 2's Jodie Fleischer investigates. Full Story ››
    Fake School Slipped Through Cracks For Years
    WEB EXTRA: Student Visa Violators By School


    If you're hurt in a collision with a MARTA bus -- be warned. Three quarters of the time, MARTA will fight before it pays. Getting MARTA to fix your car can also be a challenge. Channel 2's consumer investigator Jim Strickland found the evidence in MARTA's own files -- looking at more than 1,200 accidents over the last two years. Full Story ››
    WEB EXTRA: MARTA Spreadsheet Detailing MVA Claims
    WEB EXTRA RAW VIDEOS: Interview With MARTA CEO Dr. Beverly Scott | Interview With Attorney Who Represents Victim Of MARTA Collision