Autism Settlement Precedent Blames Vaccines

In leaked documents from the settlement of an autism claim, federal health officials have concede for the first time that a 9-year-old Georgia girl was damaged by childhood vaccines. 

The case of Hannah Poling was determined to be deserving of a settlement by the federal vaccine court. 

The U.S. Department of Health and Human Services conceded the case in this November 9, 2007 document that journalist David Kirby posted on the Huffington Post.

He calls it a document every American should read. 

It tells the story of Hannah, a precocious, high functioning and verbal toddler until, at 19 months, she received a five-shot series of childhood vaccines in July 2000 that "significantly aggravated an underlying mitochondrial disorder" which resulted in a brain disorder with features of autism.

Her mother reports that within 48-hours Hannah developed a high fever and constant crying. She refused to walk and stopped sleeping through the night.  She then lost an ability to speak, stared at lights and began spinning, all symptoms of autism. 

Her mother, Terry Poling, a nurse and trial lawyer says they then turned to experts in neurology.  "I had to know. My daughter didn't just suddenly develop autism for no reason," she said to the Atlanta Journal Constitution newspaper. 

"Not only did she lose brain function, she lost her growth, she lost her ability to walk. She lost everything," Jon Poling said. 

Speaking publicly today, the Poling family told reporters that the money will help pay for Hannah's care for the rest of her life.

Dr. Poling, a neurologist gave up his job at Johns Hopkins University to open a private practice in Athens to spend more time with his family. His wife stopped her work as a trial attorney to take care of Hannah full time. 

Two other cases go before the court in May. Attorney for the Poling's, Cliff Shoemaker says his clients do not oppose vaccines, they just favor safe vaccines. 

Dr. Poling says if he had it to do over again, "I would vaccinate my child, but I would spread the vaccines out," and might skip some of the shots such as chickenpox. The Polings say thimerosal should be removed from all vaccines.

"Why take a chance," Jon Poling said. 

Health and Human Services does not concede vaccines cause autism but for the first time, the government says that a childhood vaccine worsened her rare underlying disorder that led to autism like symptoms.  

Parents groups call that federal admission "unprecedented."

Robert Krakow, a New York attorney who represents children in vaccine court tells the Atlanta Journal Constitution that this is "potentially explosive" for the other clients who also have similar medical histories. But no one knows how many other autistic children also suffer from mitochondrial disorders. 

The court has intentionally kept all documents secret shielding not only drug manufacturers but federal health officials who continue to urge a schedule of childhood vaccines.

The mercury-based preservative, thimerosal, was used in childhood vaccines and at the urging of the American Academy of Pediatrics manufacturers were supposed to stop making the vaccine with the preservative in 2001. But critics say there were stockpiles on shelves that could have been used up to 2004.  

Vaccines are now largely made without thimerosal with the exception of some flu vaccines.  

Because of the secrecy, no one understands whether Hannah's case is unique or not. But researchers have associated mitochondrial disorders with autism-like symptoms and autism before.

In a 2005 study, 60 Portuguese children with autism also had mitochondrial abnormalities.

Ultimately Hannah was diagnosed with mitochondrial disorder, where not enough energy is produced for cells and muscles. Her mother also has been diagnosed with the disorder, yet she shows no signs of autism. That suggests Hannah's autism symptoms are not caused by genetics, but exacerbated by the childhood shots which then triggered her autism.

Hannah's father, a neurologist, co-authored an article about his daughter which was published in the Journal of Child Neurology in 2006.

The autism controversy had been quiet until last week when GOP presidential candidate John McCain, when asked about the precedent setting ruling from autism court, said to everyone's surprise that he believed "there’s strong evidence" to implicate the vaccine ingredient called thimerosal, in the rise in the numbers of cases.

McCain said the increase in the number of children with autism is "indisputable" and he's trying to figure out what's going on.  The Senator has reportedly been feeling the "incoming" from the drug industry.

That sparked an interview on radio personality, Don Imus's show with journalist David Kirby, author of Evidence of Harm. The interview appears on the Huffington Post.  

Deirdre Imus, Don's wife, has been advocating an awareness of many environmental health issues as they pertain to children.  

Kirby laid out a thoughtful, informative discussion of autism, vaccines and thimerosal.

Referring to the leaked court documents, Kirby, who has taken a leadership position among journalists on vaccines, asks nine questions he would like federal health officials to answer on this post.

Meanwhile, after the news conference and leaked documents, the CDC scrambled to reassure the public that childhood vaccines are safe and parents should vaccinate.

Dr. Julie Gerberding, the CDC's director said to reporters in a quickly called news conference,  "There's nothing changed. This is proven to save lives and is an essential component of protection for children across America and around the world."

Congress created the National Vaccine Injury Compensation Program in 1988. It protects manufacturers and doctors from lawsuits stemming from the diphtheria-tetanus-pertussis vaccine and assures they will continue to produce vaccines. 

An explosion in autism disorders have risen to as many as 1 in 150 children with the disorder according the CDC. More boys have autism than girls leading scientists to speculate that the presence of testosterone may impact the body's ability to rid itself of toxins. 

So far about $91 million has been awarded from federal Vaccine Court with the average compensation about $1 million per victim and family. About 5,000 other families have complaints pending. #