Jake Crosby, MPH, Publishes a Letter in Annals of Internal Medicine

The editor of Autism Investigated has published a letter in Annals of Internal Medicine responding to a study disputing the MMR vaccine-autism link that was published in the journal earlier this year. The full exchange between Autism Investigated’s editor and the study authors can be found in the online comments, which can be found by selecting the “Comments” option in the tab to the left of the study.

LETTERS | 3 SEPTEMBER 2019

Measles, Mumps, Rubella Vaccination and Autism

Jake Crosby, MPH

TO THE EDITOR:

Hviid and colleagues’ (1) results contradict their conclusion, a circumstance that also occurred with a study that Hviid coauthored in 2002 (2). The value that stands out in Figure 3 of Hviid and colleagues’ 2019 article is the hazard ratio of autism of 2.69 among children who received the MMR vaccine who have siblings with autism. Although the magnitude of this value is far greater than that of any other reported hazard ratio in this figure, it is not significant because of the small sample size of this group. A preferable alternative would have been to report the risk for autism associated with having a sibling with autism but not receiving the MMR vaccine and then the risk for autism associated with both having an autistic sibling and MMR vaccination. The increased risk in both groups would be both strong and significant, but the magnitude would be substantially higher in those who received the vaccine than in those who did not.

Hviid and colleagues’ results do support a link between the MMR vaccine and autism in the subset of children who have a sibling with autism, with a sibling history of autism serving as an important effect modifier. However, their conclusion states the opposite. The corresponding author of this study did not respond to my e-mail about these concerns.

After the publication of the 2002 study that Hviid coauthored (2), an unpublished comment by an epidemiologist at McGill University (3) suggested that the authors had artificially eliminated the association between the MMR vaccine and autism by adjusting for age. He proposed that age was an effect modifier and that the authors should compare age-stratified rates between participants 24 to 29 months after MMR vaccination and MMR-unvaccinated participants. His letter was never addressed, and his advice was never heeded. We can now count a sibling history of autism as yet another effect modifier that the authors have dismissed to ignore the very real link between the MMR vaccine and autism.

References

1. Hviid A, Hansen JV, Frisch M, et al. Measles, mumps, rubella vaccination and
autism. A nationwide cohort study. Ann Intern Med. 2019. [PMID: 30831578]
doi:10.7326/M18-2101

2. Madsen KM, Hviid A, Vestergaard M, et al. A population-based study of
measles, mumps, and rubella vaccination and autism. N Engl J Med. 2002;347:
1477-82. [PMID: 12421889]

3. Stott C, Blaxill M, Wakefield AJ. MMR and autism in perspective: the Denmark
story. Journal of American Physicians and Surgeons. 2004;9:89-91.

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Glaxo-Funded Vaccine Defender in BMJ Helped Spark Opioid Epidemic


The first major academic research to dispute a vaccine-autism link in the US was conducted by the same doctor whose 40-year-old letter is blamed for contributing to the opioid epidemic. Hershel Jick is the former director of the Boston Collaborative Drug Surveillance Program at Boston University, heavily funded by the pharmaceutical industry including GlaxoSmithKline. He was senior author of a 2001 study in BMJ that disputed a connection between the MMR vaccine and autism. The journal’s editor Fiona Godlee even cited the study in a presentation at the NIH 10 years later. She was speechless when Autism Investigated’s future editor confronted her about the paper’s failures.

Similarly in 1980, Jick authored a letter in New England Journal of Medicine denying the addictiveness of opioids. Since then, it’s been cited nearly 400 times. Over the following decades, the number of opioid prescriptions dramatically increased. Now the number of overdose deaths have spiked. Jick now regrets the letter:

“The letter wasn’t of value to health and medicine in and of itself. So if I could take it back — if I knew then what I know now, I would never have published it. It wasn’t worth it.”

Will he regret publishing his study defending the MMR vaccine?

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California Governor Gavin Newsom Signs SB276 Into Statewide Law

Governor Newsom has signed SB276 into law. To all those unfamiliar, here is what that will mean for the people of California from the bill’s architect Richard Pan:

Senate Bill 276 will require physicians to submit information to California Department of Public Health (CDPH), including the physician’s name and license number and the reason for the exemption, which CDPH will check to ensure they are consistent with the Center for Disease Control’s guidelines or stand of care.

While the law only applies to the state of California, it explicitly has its origins in the federal vaccine program. Instead of taking on that program directly, opposition to exemption-killing bills in California has instead operated as a “health freedom” movement fronting libertarian slogans. That path was not effective four years ago, and it is not effective now.

The vaccine propaganda that led to the bill’s passage is summarized at the conclusion of Pan’s press release:

The hesitation to vaccinate on the part of a growing number of parents stems from misinformation such as the now retracted 1998 study that falsified data to purport a link between autism and the measles vaccine. The study was authored by Andrew Wakefield who was later found to be lying. Also, numerous subsequent studies worldwide involving hundreds of thousands of children have proved that vaccines are safe and do not cause autism.

SB276 offered another opportunity to highlight the fact that US vaccine policy is based on a foreign panel’s decision to explicitly punish a doctor for accurately publishing about vaccine injuries. That opportunity has been blown.

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August is National Immunization Victims and Injuries Awareness Month!

Jeremy, who died of his vaccine-induced seizure disorder just two weeks ago. He was 19.

This August, the Department of Health and Human Services is promoting National Immunization Awareness Month. So Autism Investigated is answering back with the National Immunization Victims and Injuries Awareness Month. Remember all those who were killed and injured by vaccines and be sure to remind people like HHS’ GlaxoSmithKline-aligned secretary and our promise-breaking president too.

Let’s also help 2020 candidate Marianne Williamson understand that you can be for vaccine mandates OR for a government free of conflicts of interest to protect us from vaccines. You can’t be for both.

The way you talk about what’s wrong with vaccines is by talking about what’s wrong with vaccines, not about what’s wrong with other drugs.

And let’s all be aware that it’s not just American or first-world kids that are suffering and dying. The World Health Organization, led by the US, is killing kids in Africa with the DTP vaccine. Hopefully that will get through to Williamson as well.

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CHELSEA’S REVENGE FOR 2016: Vimeo To Censor Vaccine Injury Videos

Election night at Wellesley College

According to Vimeo on June 26:

Starting today, we are providing a 30-day grace period for documentaries that contravene our policy on vaccination content so that creators can voluntarily remove those videos. At the end of the grace period, we will begin removing anti-vaccination videos that haven’t been voluntarily removed. Videos that violate the other two prohibitions will not be given any grace period.

Sitting on the board of directors for Vimeo’s parent company is none other than Chelsea Clinton.

And who can blame her?

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RIP Jeremy – Age 19, Vaccine Victim and Son of a Longtime Follower

Twitter, NeverGiveUp

Autism Investigated is deeply saddened to announce the passing of Jeremy, a vaccine-injured teenager who suffered from autism and epilepsy. Jeremy was also the son of a longtime Twitter follower of Autism Investigated. He tragically died from a seizure on Saturday. Here is the direct message from his parents.

Please go and tweet your condolences to NeverGiveUp. His parents need all the support you can give. His tragic death reminds Autism Investigated of a similar tragedy: Elias Tembenis, son of longtime reader Harry Tembenis. Elias’ death was actually an acknowledged result of vaccination by the infamous vaccine court. And last year, Autism Investigated mourned the death of Colton Berrett who was left permanently disabled by the HPV vaccine.

Jeremy’s death is a dire warning that just because vaccines won’t kill a person during the initial injury, doesn’t mean the damage done won’t kill down the road. 19 is far too young to pass away. Vaccination stole Jeremy’s life away from him, as it continues to do to countless other children no matter what the vaccine people like Meghan McCain tell you. By all means, keep talking about measles President Trump!

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GARDINER’S REVENGE: Disgraced ex-NYT Reporter Erased HuffPo Vaccine Injury Stories

Lydia Polgreen likes Gardiner Harris’ tweet congratulating her on replacing Arianna Huffington.

After Autism Investigated’s future editor had New York Times’ vaccine propagandist Gardiner Harris kicked off health stories and dumped in India, he began working with future Huffington Post editor Lydia Polgreen. That’s the same editor who just deleted dozens of articles on vaccine injury on the site.

But at the time Harris was re-assigned, she was also a correspondent for The New York Times in New Delhi like Harris was. At the end of 2016, she left the rag to become editor-in-chief of The Huffington Post when its founder Arianna Huffington stepped down. Two years after that, the curtains came down on Gardiner Harris’ New York Times career when he couldn’t contain his anti-Trump bias while writing about the UN ambassador. He was then rehired, appropriately, as a pharmaceutical public relations agent. Before Autism Investigated reported on his new job in May, Autism Investigated sent the below email to his new employer Foresite Capital in April:

Hi,

I began the nine-year takedown of your communications director’s career at NYT.
https://www.autisminvestigated.com/jake-crosby-gardiner-harris/

I complained about him for his vaccine injury denial in 2010 and 2011, and he was taken off that beat. Specifically, I complained about his brother’s concurrent pharmaceutical connection while Harris was reporting on vaccines.
https://www.ageofautism.com/2010/04/the-new-york-times-indefensible-defense-of-the-drug-industry.html
https://www.autisminvestigated.com/nyt-public-editor-pr-tool/

I’d like to know if Gardiner Harris has any comment on the fact that his employment with your firm further confirms my longtime contention of his pharma bias.

Sincerely,

Jake Crosby, MPH

Not surprisingly, Harris’ new employer never wrote back. After the discovery of his brother’s ties to the pharmaceutical industry in 2010, Gardiner Harris abusively wrote an autism mother that she believes “wild conspiracy theories about the roots of autism.”

Even though Harris’ ex-colleague Polgreen has been Huffington Post editor for years, her decision to remove articles on vaccine injury only took a couple months. She only decided to do so after Harris lost his job, became a de jure pharma PR agent and was deservedly humiliated for it on Autism Investigated. Autism Investigated’s editor is far from the only person in the anti-vaccination and vaccine skeptic communities that Harris has had a problem with.

The night before Hannah Poling’s parents held a press conference about the government’s concession that vaccines caused her autism, JB Handley wrote Harris all the way back in 2008:

On an historic evening, before the world hears the tale of a beautiful little girl felled by 5 vaccines in one visit, I just want you to know that I will never forget what an injustice you did to our kids.

Gardiner Harris also denied, against documentary evidence, that the CDC director encouraged a comparison of health outcomes in vaccinated and unvaccinated children. “david kirby got his story entirely wrong,” Harris wrote in email about one of the journalists who reported the news. Kirby was also the journalist who broke Hannah Poling’s story. In contrast to Harris’ attack on Kirby, the CDC director did tell UPI’s Dan Olmsted in 2005 that such studies could be done and should be done.

Now David Kirby’s landmark story breaking the vaccine injury concession has been removed from The Huffington Post along with dozens of other articles. So too has Hannah Poling’s concession document from the government that Kirby reposted. David Kirby and Hannah Poling’s father have spoken out against the deletion in statements to Autism Investigated.

Gardiner Harris doesn’t like Autism Investigated, JB Handley or David Kirby. Fair enough, we hate him right back. But Harris has now taken out his anger over his own professional failures on a disabled girl who is a victim of the lies people like him still spread. It’s no wonder his son got asthma, which is also caused by vaccines.

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Hannah Poling’s Father Breaks Silence to Promote Libertarian and Conservative Ethics

Hannah Poling is the first child known to have been compensated by the federal government for vaccine injuries resulting in her autism diagnosis. Journalist David Kirby broke her story in 2008 on The Huffington Post, which has now removed dozens of “anti-vaccine” articles including the piece on her landmark concession. Autism Investigated reached out to her father, neurologist Dr. Jon Poling, for comment. This is what he wrote back:

Dear Jake,

Thank you for your letter and update on what’s happening. I think the only way to combat censorship is joining alternative platforms and calling out leftist authoritarians for what they are. I remember that when everything went public in 2008, social media really didn’t exist, and the Time website was a popular media source. Hannah’s case was the most searched and commented article for weeks straight but the powers that be determined to not put the article in the print edition. Ten years later, and the print edition of anything is pretty much irrelevant!

Vaccine choice and medical freedoms are just the tip of the liberal spear. It is much deeper a concern than just a few articles shedding light on the “vaccine court” shenanigans. My opinion is that only libertarian and conservative ethics will get us out of the mess because–Yes, individual rights do trump community need in the United States! Yes, individuals and parents have an absolute right to determine what goes into their (children’s) bodies! If the new left wing Democrats get Medicare for all, particularly without private options, our basic human right to sanctity over ones person and body is over.

With regard to vaccine adverse events and autism, I don’t pretend to have the answer, but I do know the questions not being asked for concern of the populous abandoning vaccines. I also challenge any epidemiology scientist to explain to me that if we cannot determine the true prevalence of autism numbers rising or not, how can you possibly tell me what does and does not cause it? (We are just going to skip arithmetic and move directly to calculus today class!)

I hope you are doing well and navigating this mine field. I don’t hold any animosity toward Rolf [Hazlehurst] for past agitations and understand he is just seeking justice for his son. I wish him well.

Best,
Jon

The Huffington Post has removed the article, “Government Concedes Vaccine-Autism Case in Federal Court – Now What?” In its place is the statement, “A previous blog post published on this site has been removed in the interest of public health.” What about the interest of Hannah Poling’s health?

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David Kirby Speaks Out About Huffington Post Vaccine Injury Censorship

The Huffington Post has removed its breaking story on the government’s landmark concession of a vaccine-autism case. In response, Autism Investigated re-posted the full piece and concession document. David Kirby, the journalist who broke the story, has denounced the deletion of his work in a statement to Autism Investigated.

Like other vaccine injury articles on Huffington Post, the original link to Kirby’s article now brings up the following statement:

A previous blog post published on this site has been removed in the interest of public health. The article expressed the sole opinion of its author, who retains the rights to publish it elsewhere. Multiple studies have demonstrated that vaccines are safe and effective. Our letter from the editor has more on this decision.

The “Letter From The Editor” elaborates:

After a monthslong review, HuffPost has decided to remove dozens of blogs that perpetuate the unfounded opinion that vaccines pose a health risk to the public. Allowing these blogs to remain on our platform does a disservice to our readers that outweighs any ostensible value as part of the public record.

In a statement to Autism Investigated, David Kirby remarked:

I am disappointed, as I am very proud of my reporting on Hannah Poling, a story that was covered worldwide, including live coverage of the parents’ press conferences, and those pieces are still online at other news venues. All my other vaccine reporting seems to be intact, for now at least

But maybe not for much longer, according to Huffington Post:

our editors will continue to review and remove content that fails to meet our standards when we find it.

Their “standards” is anything that shows children were poisoned by the vaccines their pharma masters at GlaxoSmithKline make.

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The Vaccine-Autism Court Document Every American Should Read

Note: Autism Investigated is reposting Hannah Poling’s landmark concession document filed by the government in 2008. Huffington Post took it down along with dozens of other articles to help its client GlaxoSmithKline cover up vaccine injury.

Every American should read this document, and interpret for themselves what they think their government is trying to say about the relationship, if any, between immunizations and a diagnosis of autism spectrum disorder.

By David Kirby, Contributor

Below is a verbatim copy of the US Government concession filed last November in a vaccine-autism case in the Court of Federal Claims, with the names of the family redacted. It is the subject of my post yesterday.

Every American should read this document, and interpret for themselves what they think their government is trying to say about the relationship, if any, between immunizations and a diagnosis of autism spectrum disorder.

If you feel this document suggests that some kind of link may be possible, you might consider forwarding it to your elected representatives for further investigation.

But, of course, if you feel that this document in no way implicates vaccines, then let’s just keep going about our business as usual and not pay any attention to all those sick kids behind the curtain.

IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS

CHILD, a minor,
by her Parents and Natural Guardians,
Petitioners,
v.
SECRETARY OF HEALTH AND HUMAN SERVICES,
Respondent.

RESPONDENT’S RULE 4(c) REPORT

In accordance with RCFC, Appendix B, Vaccine Rule 4(c), the Secretary of Health and Human Services submits the following response to the petition for compensation filed in this case.

FACTS

CHILD (“CHILD”) was born on December –, 1998, and weighed eight pounds, ten ounces. Petitioners’ Exhibit (“Pet. Ex.”) 54 at 13. The pregnancy was complicated by gestational diabetes. Id. at 13. CHILD received her first Hepatitis B immunization on December 27, 1998. Pet. Ex. 31 at 2.

From January 26, 1999 through June 28, 1999, CHILD visited the Pediatric Center, in Catonsville, Maryland, for well-child examinations and minor complaints, including fever and eczema. Pet. Ex. 31 at 5-10, 19. During this time period, she received the following pediatric vaccinations, without incident:

Vaccine Dates Administered

Hep B 12/27/98; 1/26/99

IPV 3/12/99; 4/27/99

Hib 3/12/99; 4/27/99; 6/28/99

DTaP 3/12/99; 4/27/99; 6/28/99

Id. at 2.

At seven months of age, CHILD was diagnosed with bilateral otitis media. Pet. Ex. 31 at 20. In the subsequent months between July 1999 and January 2000, she had frequent bouts of otitis media, which doctors treated with multiple antibiotics. Pet. Ex. 2 at 4. On December 3,1999, CHILD was seen by Karl Diehn, M.D., at Ear, Nose, and Throat Associates of the Greater Baltimore Medical Center (“ENT Associates”). Pet. Ex. 31 at 44. Dr. Diehn recommend that CHILD receive PE tubes for her “recurrent otitis media and serious otitis.” Id. CHILD received PE tubes in January 2000. Pet. Ex. 24 at 7. Due to CHILD’s otitis media, her mother did not allow CHILD to receive the standard 12 and 15 month childhood immunizations. Pet. Ex. 2 at 4.

According to the medical records, CHILD consistently met her developmental milestones during the first eighteen months of her life. The record of an October 5, 1999 visit to the Pediatric Center notes that CHILD was mimicking sounds, crawling, and sitting. Pet. Ex. 31 at 9. The record of her 12-month pediatric examination notes that she was using the words “Mom” and “Dad,” pulling herself up, and cruising. Id. at 10.

At a July 19, 2000 pediatric visit, the pediatrician observed that CHILD “spoke well” and was “alert and active.” Pet. Ex. 31 at 11. CHILD’s mother reported that CHILD had regular bowel movements and slept through the night. Id. At the July 19, 2000 examination, CHILD received five vaccinations – DTaP, Hib, MMR, Varivax, and IPV. Id. at 2, 11.

According to her mother’s affidavit, CHILD developed a fever of 102.3 degrees two days after her immunizations and was lethargic, irritable, and cried for long periods of time. Pet. Ex. 2 at 6. She exhibited intermittent, high-pitched screaming and a decreased response to stimuli. Id. MOM spoke with the pediatrician, who told her that CHILD was having a normal reaction to her immunizations. Id. According to CHILD’s mother, this behavior continued over the next ten days, and CHILD also began to arch her back when she cried. Id.

On July 31, 2000, CHILD presented to the Pediatric Center with a 101-102 degree temperature, a diminished appetite, and small red dots on her chest. Pet. Ex. 31 at 28. The nurse practitioner recorded that CHILD was extremely irritable and inconsolable. Id. She was diagnosed with a post-varicella vaccination rash. Id. at 29.

Two months later, on September 26, 2000, CHILD returned to the Pediatric Center with a temperature of 102 degrees, diarrhea, nasal discharge, a reduced appetite, and pulling at her left ear. Id. at 29. Two days later, on September 28, 2000, CHILD was again seen at the Pediatric Center because her diarrhea continued, she was congested, and her mother reported that CHILD was crying during urination. Id. at 32. On November 1, 2000, CHILD received bilateral PE tubes. Id. at 38. On November 13, 2000, a physician at ENT Associates noted that CHILD was “obviously hearing better” and her audiogram was normal. Id. at 38. On November 27, 2000, CHILD was seen at the Pediatric Center with complaints of diarrhea, vomiting, diminished energy, fever, and a rash on her cheek. Id. at 33. At a follow-up visit, on December 14, 2000, the doctor noted that CHILD had a possible speech delay. Id.

CHILD was evaluated at the Howard County Infants and Toddlers Program, on November 17, 2000, and November 28, 2000, due to concerns about her language development. Pet. Ex. 19 at 2, 7. The assessment team observed deficits in CHILD’s communication and social development. Id. at 6. CHILD’s mother reported that CHILD had become less responsive to verbal direction in the previous four months and had lost some language skills. Id. At 2.

On December 21, 2000, CHILD returned to ENT Associates because of an obstruction in her right ear and fussiness. Pet. Ex. 31 at 39. Dr. Grace Matesic identified a middle ear effusion and recorded that CHILD was having some balance issues and not progressing with her speech. Id. On December 27, 2000, CHILD visited ENT Associates, where Dr. Grace Matesic observed that CHILD’s left PE tube was obstructed with crust. Pet. Ex. 14 at 6. The tube was replaced on January 17, 2001. Id.

Dr. Andrew Zimmerman, a pediatric neurologist, evaluated CHILD at the Kennedy Krieger Children’s Hospital Neurology Clinic (“Krieger Institute”), on February 8, 2001. Pet. Ex. 25 at 1. Dr. Zimmerman reported that after CHILD’s immunizations of July 19, 2000, an “encephalopathy progressed to persistent loss of previously acquired language, eye contact, and relatedness.” Id. He noted a disruption in CHILD’s sleep patterns, persistent screaming and arching, the development of pica to foreign objects, and loose stools. Id. Dr. Zimmerman observed that CHILD watched the fluorescent lights repeatedly during the examination and
would not make eye contact. Id. He diagnosed CHILD with “regressive encephalopathy with features consistent with an autistic spectrum disorder, following normal development.” Id. At 2. Dr. Zimmerman ordered genetic testing, a magnetic resonance imaging test (“MRI”), and an electroencephalogram (“EEG”). Id.

Dr. Zimmerman referred CHILD to the Krieger Institute’s Occupational Therapy Clinic and the Center for Autism and Related Disorders (“CARDS”). Pet. Ex. 25 at 40. She was evaluated at the Occupational Therapy Clinic by Stacey Merenstein, OTR/L, on February 23, 2001. Id. The evaluation report summarized that CHILD had deficits in “many areas of sensory processing which decrease[d] her ability to interpret sensory input and influence[d] her motor performance as a result.” Id. at 45. CHILD was evaluated by Alice Kau and Kelley Duff, on May 16, 2001, at CARDS. Pet. Ex. 25 at 17. The clinicians concluded that CHILD was developmentally delayed and demonstrated features of autistic disorder. Id. at 22.

CHILD returned to Dr. Zimmerman, on May 17, 2001, for a follow-up consultation. Pet. Ex. 25 at 4. An overnight EEG, performed on April 6, 2001, showed no seizure discharges. Id. at 16. An MRI, performed on March 14, 2001, was normal. Pet. Ex. 24 at 16. A G-band test revealed a normal karyotype. Pet. Ex. 25 at 16. Laboratory studies, however, strongly indicated an underlying mitochondrial disorder. Id. at 4.

Dr. Zimmerman referred CHILD for a neurogenetics consultation to evaluate her abnormal metabolic test results. Pet. Ex. 25 at 8. CHILD met with Dr. Richard Kelley, a specialist in neurogenetics, on May 22, 2001, at the Krieger Institute. Id. In his assessment, Dr. Kelley affirmed that CHILD’s history and lab results were consistent with “an etiologically unexplained metabolic disorder that appear[ed] to be a common cause of developmental regression.” Id. at 7. He continued to note that children with biochemical profiles similar to CHILD’s develop normally until sometime between the first and second year of life when their metabolic pattern becomes apparent, at which time they developmentally regress. Id. Dr. Kelley described this condition as “mitochondrial PPD.” Id.

On October 4, 2001, Dr. John Schoffner, at Horizon Molecular Medicine in Norcross, Georgia, examined CHILD to assess whether her clinical manifestations were related to a defect in cellular energetics. Pet. Ex. 16 at 26. After reviewing her history, Dr. Schoffner agreed that the previous metabolic testing was “suggestive of a defect in cellular energetics.” Id. Dr. Schoffner recommended a muscle biopsy, genetic testing, metabolic testing, and cell culture based testing. Id. at 36. A CSF organic acids test, on January 8, 2002, displayed an increased lactate to pyruvate ratio of 28,1 which can be seen in disorders of mitochondrial oxidative phosphorylation. Id. at 22. A muscle biopsy test for oxidative phosphorylation disease revealed abnormal results for Type One and Three. Id. at 3. The most prominent findings were scattered atrophic myofibers that were mostly type one oxidative phosphorylation dependent myofibers, mild increase in lipid in selected myofibers, and occasional myofiber with reduced cytochrome c oxidase activity. Id. at 7. After reviewing these laboratory results, Dr. Schoffner diagnosed CHILD with oxidative phosphorylation disease. Id. at 3. In February 2004, a mitochondrial DNA (“mtDNA”) point mutation analysis revealed a single nucleotide change in the 16S ribosomal RNA gene (T2387C). Id. at 11.

CHILD returned to the Krieger Institute, on July 7, 2004, for a follow-up evaluation with Dr. Zimmerman. Pet. Ex. 57 at 9. He reported CHILD “had done very well” with treatment for a mitochondrial dysfunction. Dr. Zimmerman concluded that CHILD would continue to require services in speech, occupational, physical, and behavioral therapy. Id.

On April 14, 2006, CHILD was brought by ambulance to Athens Regional Hospital and developed a tonic seizure en route. Pet. Ex. 10 at 38. An EEG showed diffuse slowing. Id. At 40. She was diagnosed with having experienced a prolonged complex partial seizure and transferred to Scottish Rite Hospital. Id. at 39, 44. She experienced no more seizures while at Scottish Rite Hospital and was discharged on the medications Trileptal and Diastal. Id. at 44. A follow-up MRI of the brain, on June 16, 2006, was normal with evidence of a left mastoiditis manifested by distortion of the air cells. Id. at 36. An EEG, performed on August 15, 2006, showed “rhythmic epileptiform discharges in the right temporal region and then focal slowing during a witnessed clinical seizure.” Id. At 37. CHILD continues to suffer from a seizure disorder.

ANALYSIS

Medical personnel at the Division of Vaccine Injury Compensation, Department of Health and Human Services (DVIC) have reviewed the facts of this case, as presented by the petition, medical records, and affidavits. After a thorough review, DVIC has concluded that compensation is appropriate in this case.

In sum, DVIC has concluded that the facts of this case meet the statutory criteria for demonstrating that the vaccinations CHILD received on July 19, 2000, significantly aggravated an underlying mitochondrial disorder, which predisposed her to deficits in cellular energy metabolism, and manifested as a regressive encephalopathy with features of autism spectrum disorder. Therefore, respondent recommends that compensation be awarded to petitioners in accordance with 42 U.S.C. § 300aa-11(c)(1)(C)(ii).

DVIC has concluded that CHILD’s complex partial seizure disorder, with an onset of almost six years after her July 19, 2000 vaccinations, is not related to a vaccine-injury.

Respectfully submitted,

PETER D. KEISLER
Assistant Attorney General

TIMOTHY P. GARREN
Director
Torts Branch, Civil Division

MARK W. ROGERS
Deputy Director
Torts Branch, Civil Division

VINCENT J. MATANOSKI
Assistant Director
Torts Branch, Civil Division

s/ Linda S. Renzi by s/ Lynn E. Ricciardella
LINDA S. RENZI
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044
(202) 616-4133

DATE: November 9, 2007

PS: On Friday, February 22, HHS conceded that this child’s complex partial seizure disorder was also caused by her vaccines. Now we the taxpayers will award this family compensation to finance her seizure medication. Surely ALL decent people can agree that is a good thing.

By the way, it”s worth noting that her seizures did not begin until six years after the date of vaccination, yet the government acknowledges they were, indeed, linked to the immunizations of July, 2000, – DK

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