Date:   3/13/2008 3:21:15 PM ( 16 y ago)
Hits:   5,489
URL:   https://www.curezone.org/forums/fm.asp?i=1131874

David Kirby has purposely presented this case incorrectly, the court had never concluded that vaccines caused autism in the girl.

Oh really? Did you come up with that one on your own, or did the folks who do your thinking for you tell you that?

Let's just look at the text of the report, shall we?

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).

It's a blatant admission that the characteristics of autism that the girl suffers were, in fact, caused by the vaccines she received. Had she never received the vaccines, her mitochondrial disorder might never have impacted her life at all.

Trying to pretend the vaccines didn't do it is not unlike blaming the victim for being shot. "Well, if you were made of hardier stuff, that bullet wouldn't have been lethal." Clearly, the victim's weakness of being human was why that bullet killed him. It certainly had nothing to do with the person who shot him. Right?

Appallingly, the report went on to state:

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.

This was appealed, however, and a couple weeks ago, this finding was reversed, and all care for the child's seizures will now be paid for, too. Small comfort for yet another ruined life, courtesy of Our Pharmaceutical Overlords.

Here's the full text of the report. It's a real eye-opener.

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

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