Thursday, January 22, 2009

Study shows California's autism increase not due to better counting, diagnosis

Public release date: 8-Jan-2009
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Contact: Phyllis Brown
phyllis.brown@ucdmc.ucdavis.edu
916-734-9023
University of California - Davis - Health System

(SACRAMENTO, Calif.) — A study by researchers at the UC Davis M.I.N.D. Institute has found that the seven- to eight-fold increase in the number children born in California with autism since 1990 cannot be explained by either changes in how the condition is diagnosed or counted — and the trend shows no sign of abating.

Published in the January 2009 issue of the journal Epidemiology, results from the study also suggest that research should shift from genetics to the host of chemicals and infectious microbes in the environment that are likely at the root of changes in the neurodevelopment of California's children.

"It's time to start looking for the environmental culprits responsible for the remarkable increase in the rate of autism in California," said UC Davis M.I.N.D. Institute researcher Irva Hertz-Picciotto, a professor of environmental and occupational health and epidemiology and an internationally respected autism researcher.

Hertz-Picciotto said that many researchers, state officials and advocacy organizations have viewed the rise in autism's incidence in California with skepticism.

The incidence of autism by age six in California has increased from fewer than nine in 10,000 for children born in 1990 to more than 44 in 10,000 for children born in 2000. Some have argued that this change could have been due to migration into California of families with autistic children, inclusion of children with milder forms of autism in the counting and earlier ages of diagnosis as consequences of improved surveillance or greater awareness.

Hertz-Picciotto and her co-author, Lora Delwiche of the UC Davis Department of Public Health Sciences, initiated the study to address these beliefs, analyzing data collected by the state of California Department of Developmental Services (DDS) from 1990 to 2006, as well as the United States Census Bureau and state of California Department of Public Health Office of Vital Records, which compiles and maintains birth statistics.

Hertz-Picciotto and Delwiche correlated the number of cases of autism reported between 1990 and 2006 with birth records and excluded children not born in California. They used Census Bureau data to calculate the rate of incidence in the population over time and examined the age at diagnosis of all children ages two to 10 years old.

The methodology eliminated migration as a potential cause of the increase in the number of autism cases. It also revealed that no more than 56 percent of the estimated 600-to-700 percent increase, that is, less than one-tenth of the increased number of reported autism cases, could be attributed to the inclusion of milder cases of autism. Only 24 percent of the increase could be attributed to earlier age at diagnosis.

"These are fairly small percentages compared to the size of the increase that we've seen in the state," Hertz-Picciotto said.

Hertz-Picciotto said that the study is a clarion call to researchers and policy makers who have focused attention and money on understanding the genetic components of autism. She said that the rise in cases of autism in California cannot be attributed to the state's increasingly diverse population because the disorder affects ethnic groups at fairly similar rates.

"Right now, about 10 to 20 times more research dollars are spent on studies of the genetic causes of autism than on environmental ones. We need to even out the funding," Hertz-Picciotto said.

The study results are also a harbinger of things to come for public-health officials, who should prepare to offer services to the increasing number of children diagnosed with autism in the last decade who are now entering their late teen years, Hertz-Picciotto said.

"These children are now moving toward adulthood, and a sizeable percentage of them have not developed the life skills that would allow them to live independently," she said.

The question for the state of California, Hertz-Picciotto said, will become: 'What happens to them when their parents cannot take care of them?'

"These questions are not going to go away and they are only going to loom larger in the future. Until we know the causes and can eliminate them, we as a society need to provide those treatments and interventions that do seem to help these children adapt. We as scientists need to improve available therapies and create new ones," Hertz-Picciotto said.

Hertz-Picciotto and her colleagues at the M.I.N.D Institute are currently conducting two large studies aimed at discovering the causes of autism. Hertz-Picciotto is the principal investigator on the CHARGE (Childhood Autism Risk from Genetics and the Environment) and MARBLES (Markers of Autism Risk in Babies-Learning Early Signs) studies.

CHARGE is the largest epidemiologic study of reliably confirmed cases of autism to date, and the first major investigation of environmental factors and gene-environment interactions in the disorder. MARBLES is a prospective investigation that follows women who already have had one child with autism, beginning early in or even before a subsequent pregnancy, to search for early markers that predict autism in the younger sibling.

"We're looking at the possible effects of metals, pesticides and infectious agents on neurodevelopment," Hertz-Picciotto said. "If we're going to stop the rise in autism in California, we need to keep these studies going and expand them to the extent possible."

###

The study was funded by grants from the National Institute of Environmental Health Sciences (NIEHS) and by the M.I.N.D. Institute.

In 1998, dedicated families concerned about autism helped found the UC Davis M.I.N.D. (Medical Investigation of Neurodevelopmental Disorders) Institute. Their vision? Experts from every discipline related to the brain working together toward a common goal: curing neurodevelopmental disorders. Since that time, collaborative research teams at the M.I.N.D. Institute have turned that initial inspiration into significant contributions to the science of autism, fragile X syndrome, Tourette's syndrome, learning disabilities and other neurodevelopmental disorders that can limit a child's lifelong potential.

Saturday, January 10, 2009

Ding Dong The Witch is Dead, The Witch is Dead

CDC Director Resigns, According to E-mail to Employees

An e-mail to federal employees says Dr. Julie Gerberding has resigned as director of the Atlanta-based U.S. Centers for Disease Control and Prevention.

AP

Friday, January 09, 2009

ATLANTA -- The woman who led the nation's public health agency in a post-Sept. 11 world of bioterrorist fears is out, her resignation announced in a Friday night e-mail to employees.

Dr. Julie Gerberding has resigned as director of the Atlanta-based U.S. Centers for Disease Control and Prevention, and will be replaced on an interim basis by a deputy as of Jan. 20, the day President-elect Barack Obama is inaugurated.

The e-mail obtained by The Associated Press that discloses the news was sent Friday night to employees of the U.S. Department of Health and Human Services, the umbrella agency over CDC.

Although an HHS housecleaning has been expected with the new administration, Gerberding's fate was somewhat unclear. The first woman to head the agency, Gerberding led the CDC through a post-Sept. 11 world of bioterrorist fears and was considered an effective communicator with legislators and the public.

In a November e-mail to staff, Gerberding said she expected she might be leaving her job after the Bush administration left office. But colleagues said she quietly had held out hope she would be allowed to stay on.

Speculation that she might remain was fueled by Obama's selection of Tom Daschle to as HHS Secretary. Daschle, the former Senate Democratic leader, is from South Dakota -- like Gerberding. Last month, she issued a statement to the press praising Daschle and his "tradition of finding practical solutions to very tough problems."

But Friday's e-mail confirms she will indeed be leaving office, a CDC spokesman said.

"As part of the transition process, the Administration requested resignation letters from a number of senior-level officials, including Dr. Julie Gerberding. This week, the Administration accepted Dr. Gerberding's resignation, effective January 20," CDC spokesman Glen Nowak said in a prepared statement.

Nowak said Gerberding was traveling in Africa on CDC business and unavailable for comment.

The CDC investigates disease outbreaks, researches the cause and prevalence of health problems, and promotes illness prevention efforts. In a 2007 Harris Poll of U.S. adults, the CDC was rated as the government agency that does the best job.

Gerberding is head of the CDC and its sister agency, the Agency for Toxic Substances and Disease Registry. The two have a budget of about $8.8 billion and more than 14,000 full-time, part-time and contract employees.

Gerberding receives a total compensation of $202,200.

The memo announcing Gerberding's resignation was signed by Rich McKeown, chief of staff for outgoing U.S. Health and Human Services Secretary Mike Leavitt. It said William Gimson, the CDC's chief operating officer, will step in as interim director as of the 20th.

Daschle has not announced a choice for a new CDC director.

Gerberding, 53, was named CDC Director in July 2002. She was a relative newcomer to the agency; she had been an infectious diseases specialist at the University of California at San Francisco, and had joined the CDC in 1998 to head an agency patient safety initiative.

She rose to prominence in the fall of late 2001, when she emerged as a leading spokeswoman for the agency during the anthrax crisis in which letters containing a deadly, anthrax powder were sent to some politicians and journalists and perhaps others. Five people died in a wave of attacks that panicked a nation already shaken by the 9/11 attacks.

The CDC Director at the time was Dr. Jeffrey Koplan. Koplan, appointed by President Bill Clinton, had a prickly relationship with Bush administration officials. He resigned in March 2002.

Gerberding was selected by Tommy Thompson, Bush's first U.S. Secretary of Health and Human Services, who was impressed by her performance during the anthrax crisis. She entered office pledging to work closely with the Bush administration.

She was the agency's first female director -- a status highlighted in a profile in Vogue magazine that featured a full-page color photograph of her in a gray Chanel suit and white Marc Jacobs high-heeled shoes.

Gerberding was a highly visible spokeswoman for the government on public health matters, eclipsing officials such as the Surgeon General and the director of the National Institutes of Health in visibility.

That was due in part to the scary, urgent nature of topics her agency dealt with, including SARS, food poisoning outbreaks and the threat of a deadly new type of pandemic flu.

But her tenure also proved controversial:

-- She instituted a large, morale-damaging reorganization of the agency that triggered an exodus of admired agency scientists. Gerberding said the changes made the CDC stronger. But in 2005, five previous CDC directors wrote Gerberding a joint letter expressing their concern about what was happening to the agency.

-- A 2004 medical journal article co-authored by Gerberding said obesity was about to overtake smoking as the No. 1 cause of death in the United States, but CDC officials later reported they had overstated the increase in obesity-related deaths by about 35,000. The mistake was blamed on a computer software error.

-- After Hurricane Katrina in 2005, the agency was criticized for being slow to respond to survivors' complaints about formaldehyde fumes in trailers that had been provided by the government.

-- In 2007, she was criticized for going along with the White House's editing of her Senate testimony on the impact of climate change on health, which involved deletion of key portions citing diseases that could flourish in a warmer climate.

Wednesday, January 7, 2009

What is Paul Offit's Problem?

By Anne Dachel
I had to ask myself why Dr. Paul Offit, nationally-known vaccine expert, would consider The Vaccine Book, by Dr. Robert Sears to be so dangerous that he'd put out a whole piece about it in the January 2009 issue of Pediatrics. It's especially curious, since Sears' book came out well over a year ago.

Offit's article, The Problem With Dr Bob's Alternative Vaccine Schedule, (HERE) led to a response from Dr. Sears (HERE) that is running on his website. I hope readers will take the time to read both pieces to understand first-hand what was said by each of the doctors. Offit's overall message is that Sears is fueling fears over vaccine safety by allowing parents to choose alternative vaccine schedules for their children. Offit wrote, "Sears' book is unique. Unlike typical antivaccine books, he offers a middle ground, allowing parents to act on their fears without completely abandoning vaccines. Unfortunately, Sears sounds many anti-vaccine messages." Offit devoted the Pediatrics article to describing the ways in which Sears' book is undermining the vaccine program and endangering children's health.

In his response, Sears stated, "I believe that Dr. Offit has misconstrued the book's overall message by selectively extracting various phrases and sentences that discuss anti-vaccine ideas and worries parents have and portraying those ideas as my own." In another place he said, "I believe that Dr. Offit has greatly misrepresented the overall message of the book as being 'anti-vaccine." I read through many of the things Sears has written and looked hard for his "anti-vaccine messages." I have to agree with him when he says he's clearly not attacking the vaccine program. Sears stated, "It is my belief that many families go unvaccinated simply because they aren't offered a more gradual option."

Sears doesn't enter the controversy siding with parents. For example, he cited the studies that debunk a link between the MMR and autism, and added that "My initial worries about the MMR and intestinal inflammation are probably unfounded." Sears has called for studies on the effects of aluminum, noting, "I've been searching and searching for human infant studies that determine what a safe level of injected aluminum is, including looking at all the studies used in the article quoted by Dr. Offit, and I can't find a single one." Sears avoids the argument over mercury in vaccines and autism by saying, "It has been removed from virtually all vaccines, so you really don't have to spend hours researching whether or not it is harmful." I couldn't find big issues of controversy in what Dr. Sears has written about vaccines. He said in his response, "If my book had been portrayed correctly , we would find very little to debate about." Sears is not criticizing the CDC or vaccines in general. He's simply asking for flexibility in dealing with parents who are worried about vaccine side effects. He's definitely pro vaccine.

According to Offit, even a little break from rigid adherence to the mandated schedule is dangerous. It gives parents the idea that there might be serious side effects that could be avoided by changing the schedule. And, judging by the tens of thousands of copies of Sears' book that have been sold, lots of parents are having second thoughts about blindly accepting the one-size-fits-all-kids vaccine schedule. Two things in Sears' response to Offit Pediatrics article got my immediate attention. Sears noted that lots of parents worry about the cozy relationship between the vaccine makers and the medical community, especially those in charge of safety. Sears wrote, "In medical school we are taught to at least briefly raise an eyebrow at research funded by a pharmaceutical company, instead of simply taking it for granted."

A bit later, Sears said, "As for the issue regarding parents' trust in the vaccine manufacturers, that trust was severely shaken when it was revealed in the Los Angeles Times on February 8, 2005, that way back in 1991 a researcher at Merck sent a memo to the president of Merck's vaccine division stating that they had just realized that the cumulative amount of mercury in vaccines given to infants by six months of age was about 87 times the safety limits set by the FDA. And that information was not revealed to the public until 8 years later."

Sears said he continues to put his faith in the vaccine makers but he added that "I find it surprising that any doctors can fault a parent for not completely trusting Merck after that, or the FDA and CDC departments that were supposed to be overseeing this type of issue." Offit doesn't worry about conflicts of interest however. In his new book, Autism False Prophets: Bad Science, Risky Medicine, and the Search for a Cure, the fact that Eli Lilly tested thimerosal on 22 adult patients who had meningitis is noted. Offit wrote, "Lilly scientists gave thimerosal to doctors to treat the infection. It didn't work." The deaths of the patients from meningitis also prevented any possibility of studying the long term side effects and it meant there was no way to determine how safe thimerosal would be for babies and children.

The fact is that the manufacturer's testing was the only recorded study on thimerosal before it was used regularly in vaccines that I've ever heard about. Offit wrote, "Although thimerosal didn't treat meningitis, doctors found that it was safe. Adults injected with 2 million micrograms of thimerosal didn't suffer symptoms of mercury poisoning; the amount was 10,000 times greater than the FDA later found babies had received in vaccines." (p. 63 Autism's False Prophets) Simpsonwood, the meeting of scientists, federal health officials, and pharmaceutical company representatives in 2000 at the Methodist Retreat Center in Norcross, GA was also talked about in Offit's book.

The initial findings by Dr. Thomas Verstraeten showed a relationship between the increase in mercury-containing vaccines and developmental problems. Offit wrote, "With the exception of autism, children who had received mercury in vaccines were more likely to have a variety of neurological problems." (p. 91 AFP) Offit continued, "Tom Verstraeten presented his data. He started with autism, concluding that the relationship between the amount of mercury in vaccines and and the risk of developing the disorder was 'not statistically significant.' ...He showed that children who had received mercury in vaccines were more likely to have tics, attention deficit disorder, and speech and language delays. ...If Verstraeten's preliminary data were right, vaccine makers public health officials, and doctors had inadvertently poisoned a generation of children." (p. 92 AFP) Not to worry, according to Offit.

By 2003, "Verstraeten had gone back to the medical records to verify the computer diagnoses,... Verstraeten found that his preliminary data had been misleading: mercury in vaccines did not cause harm. He concluded, 'No consistent significant associations were found between thimerosal-containing vaccines and neurodevelopmental outcomes.' " (p. 93 AFP) Offit noted that many charges have been leveled against Verstraeten for his about-face over mercury's side effects, plus there's the fact that by 2003, Verstraeten had gone to work for GlaxoSmithKine.

It's obvious too that Offit doesn't raise an eyebrow at connections between researchers and drug companies as Sears told us he should. Other medical experts have also published their opinions of Offit's Pediatrics article on Dr. Sears. (HERE) Dr. Jon Poling, father of Hannah Poling whose case in federal vaccine court gained national attention in 2008 when it was conceded that the vaccines she received were linked to her autism, also responded: "As a physician, scientist, and father of a vaccine-injured child, I have many issues with Offit and Moser's critique of Dr. Sears vaccine book, particularly its authoritarian tone and content. Offit is certainly entitled to his opinion, but it must be recognized as that.

We must stick to the science and recognize the open questions with regards to vaccine safety." Poling gave a detailed summary of the possible errors in the claim that epidemiological studies have disproved any association between vaccines and autism. He also said, "As a Neurologist that saw his normally developing daughter regress into autism before turning 2 years old, co-incident with immunization, I obviously have an inherently different bias than Offit, the wealthy vaccine inventor and patent holder." Poling ended his letter by saying, "As physicians we took an oath to 'first do no harm' to our individual patients. Dr. Sears offers a pro-vaccine individualized approach to childhood immunization that acknowledges the risks, benefits, and uncertainties of this medical intervention.

Dr. Sears should be applauded for his efforts to provide safe vaccination alternatives to his patients, given the void of randomized controlled trials to support continued growth of the current CDC/AAP schedule. "Rather than personal attacks, let's turn to science to provide the answers. The enormous public benefit of vaccination cannot be used to stifle open discourse on critical vaccine safety issues. One size does not fit all."

Where have we heard the statement, "One size does not fit all" with regard to vaccines? It was announced on April 03, 2008 in a commentary on CNN: A view from the CDC, (HERE) "Although some may call it a "one size fits all" approach, the recommended vaccine schedule is flexible, and it does account for instances when a child should not receive a recommended vaccine or when a recommended vaccine should be delayed."

Four days later, on April 7, the phrase again appeared in an article (HERE) by Anne Schuchat MD, assistant surgeon general at the U.S. Public Health Service and director at the CDC's National Center for Immunization and Respiratory Diseases.It was also said by a top doctor, Bernadine Healy, former head of the National Institutes of Health (HERE) on CBS News.
"Healy says the argument need not be framed in those terms (vaccinate or don't vaccinate). Instead, she says, we should vaccinate, but work to do it in the safest manner possible based on what we know and what we can find out.

"That's what the parents of autistic children have told me as well. If we can screen children to see which ones might be more susceptible to vaccine side effects, and vaccinate them on a more personalized schedule that is safer for them, why wouldn't we? If it's safer for all children to have their vaccinations spread out, why wouldn't we? Healy says it's called 'personalized medicine' and is being done in virtually all areas of medicine today with the exception of vaccines. Yet the government continues to frame the conversation in all-or-nothing, 'one-size-fits-all' terms." Healy challenged the credibility of the CDC and admonished officials for refusing to investigate a susceptible subgroup of children who are unable to eliminate the toxins in vaccines.

This admission that there hasn't been enough research and that epidemiological studies are not proof is a major step toward public recognition about what's happened to our children. Healy said that officials have been too quick to dismiss a link between vaccines and autism without ever studying the group that got sick. There never have been studies done on the kids that developed symptoms of autism within a few weeks of being vaccinated. She furthermore pointed out that the Institute of Medicine which produced the cumulative study on vaccines and autism in 2004 refused to 'pursue susceptibility groups.'

In other words, they didn't want to find any evidence that linked vaccines to autism. She left us with the haunting statement: 'The question has not been answered.'In the December 11, 2008 issue of U.S. News and World Report, A Government Call for Vaccine Research, (HERE) Dr. Healy again called for more research into vaccine safety. It would seem that yet another top doctor is calling for flexibility when it comes to the vaccine schedule and for additional studies on safety. Will Paul Offit be writing a scathing critique of Bernadine Healy for her very vocal challenge to the mandated vaccine program in next month's Pediatrics?

Dr. Lawrence Rosen, another well-known physician in the vaccine debate, added his letter in response to the Offit's article. Rosen practices in northern New Jersey and consults at Hackensack University Medical Center. His remarks sounded a lot like what Bob Sears had said. Regarding parents wanting changes in the vaccine schedule, Rosen wrote, "Would it be better that they seek non pediatric primary care in support of no vaccination or would it better for me to tolerate their concerns and 'allow' them to vaccinate flexibly? What is the 'right thing' to do? This is what many of us struggle with."As I become more involved in the AAP at a leadership level, I become more and more aware of the divide between pediatricians. What I fear is that we as a profession and the AAP as an institution may be discouraging honest and open dialogue about one of the most important public health issues of our times. I find it highly unusual that a fellow AAP pediatrician is roundly criticized in Pediatrics (the flagship journal of the AAP) without a chance to address the claims. Perhaps some at the AAP find his book that threatening. Is fear of information the direction we want to support? Should we not be using this as an opportunity for discussion? "Whether we want to admit it or not, public trust in the immunization program and in pediatricians in general is eroding.

And while we can debate whether aluminum and mercury in vaccines is the same or different as what we eat/drink/breathe (my personal bias is that we should reduce all exposures when possible), we must all agree that the only way to save the U.S. vaccine program - and trust in our profession by the families who need us most - is to encourage public conversation in a non judgmental manner. And it has to start here, with us." Offit's critique was also the focus of an article in U.S. News on December 29.

In Flexible Approach to Vaccinations Comes Under Fire (HERE) reporter Deborah Kotz, who also spoke with Dr. Sears, described Offit's piece as "an attack on doctors who take a flexible approach to vaccinations." Kotz wrote, "Unfortunately, instead of allowing a pro-and-con debate about the benefits and drawbacks of pediatricians working with parents who wish to have some flexibility, the Pediatrics journal editors chose to feature just one side of this debate. The authors of the special article take a firm stand against allowing any deviation from the current vaccine schedule, arguing that in offering a middle ground, Sears is sending 'antivaccine messages.'"What's worse, the lead author, Paul Offit, who heads the vaccine education center at the Children's Hospital of Philadelphia, clearly has a conflict of interest. He's one of the patent holders of RotaTeq, a vaccine against rotavirus that's on the AAP's vaccine schedule. That means he stands to lose money if parents shun RotaTeq."Kotz said Offit's piece was "a special article that quite frankly shocked me for its one-sided treatment of a very important issue with regard to vaccinations."

Kotz also wrote that Offit didn't respond to her request to be interviewed. That seems incredible to me, since Offit's name appears in articles on vaccine safety more often than any other doctor. It's hard to imagine that he'd skip an opportunity to be covered by U.S. News.There seems to be a lot of holes in Offit's claim that the science is in on vaccines and a possible link to autism. Clearly, there is a lack of safety studies and research looking into the kids who regressed following vaccinations.

Barbara Loe Fisher from the National Vaccine Information Center (HERE) has also voiced her concerns about the lack of science to back the claim of no link: "There has never been a large, prospective scientific study to scientifically evaluate the long term effect on brain and immune function of giving children in America the CDC recommended 69 doses of 16 vaccines (for girls) and 66 doses of 15 vaccines (for boys) from the day of birth to age 18, including injecting children under age six with 48 doses of 14 vaccines and administering eight or more vaccines on the same day as the CDC schedule allows. Any long term study that evaluates the safety and effectiveness of this kind of vaccination schedule should also compare the health of children, who receive all the CDC recommended vaccines on schedule, with children, who receive fewer or no vaccines at all, to evaluate the long term health differences between the children. This is the only way a true scientific comparison can be made to determine whether the recommended CDC schedule leads to better or poorer health outcomes for most children and whether there are certain groups of children, perhaps those with genetic or other biological high risk factors, for whom vaccination is much more likely to result in permanent brain and immune system dysfunction." Dr. Sears isn't a lone maverick in his call for a flexible schedule.

Another well-known pediatrician, Dr Jay Gordon, was On Larry King Live (HERE) raising serious questions about vaccine safety. On his website (HERE), he states, "I am very much opposed to the routine vaccination schedule in the U.S. There are too many vaccines given too early in a child's life and not enough information given to parents."Vaccines have side effects. There can be rare severe problems, common minor problems and constant speculation about hidden problems. Vaccine proponents who deny side effects are not being honest with you, either."My strongest recommendation to you and anyone else considering alternatives to the standard vaccine regimen is to become very well informed and discuss these issues long and hard with your doctor. A doc who won't hold these discussions is too busy and you may need to move on to another."

Offit has tried to portray parents' fears about vaccine safety as something irrational. At the beginning of his article on Sears, Offit wrote, "Many parents are hesitant about vaccinating their children. Vaccine hesitancy can be explained in part by a lack of trust in those who make vaccine recommendations; a suspicion of profit motive driven by pharmaceutical companies; misinformation on the Internet; failure to appreciate the seriousness of vaccine-preventable diseases, given their low rates; and constant stories in the media claiming that vaccines cause a variety of illnesses, ranging from allergies to autism.

Most recently, with the addition of several new vaccines to the infant vaccine schedule, some parents have become concerned that children receive too many vaccines too early."Offit leaves out a very important reason why parents are frightened over vaccines. There is an epidemic of autism out here in the real world that no one can reasonably explain. I don't care where you are, if you bring up autism, someone will start talking about a family member or neighbor with a child who is autistic. Stories are everywhere about normally developing children who regressed into autism following vaccinations. I've yet to hear a plausible explanation for why children suddenly lose learned skills like talking, making eye contact, and being potty-trained.

In Offit's world, there hasn't been any increase in autism, only greater awareness and an expanded spectrum of autism. Even though many parents, scientists and doctors directly link the autism explosion to the dramatic increase in the number of vaccines in the mandated schedule, Offit sees no connection. In Autism's False Prophets, Offit wrote, "Two phenomena likely account for the increase. First, the definition of autism has broadened to include children with milder, more subtle symptoms. During the time of Leo Kranner and Bruno Bettelheim, children with mild symptoms of autism may have been described as 'quirky' or 'different' or 'unusual' but not autistic.

Today, these children are more likely to be diagnosed with autism spectrum disorder or Asperger's Syndrome or pervasive developmental delay. Second, in the past children with severe symptoms of autism were often considered mentally retarded. Today, as the number of children with severe autism has increased, the number with mental retardation has decreased." (p. 3-4 AFP)(Strangely, Offit included statements in the book that seemed to say the opposite. On page 109, he wrote, ":Finally, in January 2008, Robert Schechter and Judy Grether from California's Department of Public Health took a closer look at the rate of autism from 1995--six years before thimerosal had been removed from vaccines--to 2007, six years after it had been removed. They found what everybody else had found: the rates of autism continued to increase." It seems that when it's convenient, the autism increase is real. When it's implicates vaccines, it isn't.)

In his book, Offit stated that, "The first clue to the cause of autism is that it's genetic." (p. 218 AFP) He talked about possible environmental triggers, but they don't include vaccines. The basis of Offit's view of autism is that children are born with the disorder and that it hasn't really increased. Everything in Offit's scenario depends on this claim, but that simply isn't what's happening in America. I don't have to go back more than a couple of days to find news stories describing the dramatic impact of autism that can't be explained with Offit's theory of an expanded spectrum.

December 31, 2008--Edmond, OK. (HERE) "Autism is a quiet epidemic growing at a rate of 10-17 percent per year, according to the U.S. Department of Education. Eighty percent of these children are under the age of 14."January 2, 2009--Columbia, SC (HERE) "The number of students diagnosed with autism in South Carolina's public schools has more than doubled in the past five years, creating more challenges in programming and staffing for education officials. The state Department of Education counted 2,685 students in 2007, up from 1,283 students in 2003, with autism as their leading disorder."January 2, 2009-- Maryland, Health report gives mixed results (HERE), "The number of children diagnosed with autism in the local school system more than doubled in only four years, according to the 2008 Community Health Assessment, a report released by Calvert County charities and government agencies." January 3, 2009--Marin, CA (HERE) "The number of autistic students in Marin has doubled in the past seven years, from 76 in 2001 to 152 in 2008." This is only part of the autism crisis. Soon the focus will be on providing for the upcoming generation of adults with autism who aren't there now.

On December 16, the Chicago Tribune ran the story, Autism study: Fears for the Future (HERE) which described the dire prospects for autistic adults based on an Easter Seals study. Easter Seals looked at the situation of "adults" --individuals between 19 and 30--and found that the majority are living at home and unemployed. Parents have very real fears about what will happen when they're no longer able to care for their children. Insurance doesn't pay for the therapy these people need and the financial burden is huge. Wendy Murphy, director of therapeutic schools for Easter Seals Metropolitan Chicago was quoted in the article: 'We are always talking about the need for adult services. We always say that there's a crisis, that there's nothing for our students to do when they graduate.

There just aren't any supports out there to help people with autism live independently.'The experts like Paul Offit who devote themselves to denying that autism is a crisis with very real environmental causes sound absurd when we read these stories. If autism has always been around like this, why isn't there even one study that could find the mislabeled autistic adults at rates even approaching what we see in our children? Offit claims that they're out there somewhere, but he never has to prove it. It will be the autism price tag that will finally expose the truth.

Each affected child represents an estimated cost of 3 to 5 million dollars for lifetime care and it'll be the taxpayers who are left with the massive bill for this disaster. The public is going to demand answers and there will be plenty of parents who will blame the vaccines their children received and the proof will be everywhere.Paul Offit and the AAP should understand one thing: this issue isn't going to be swept away with one damning article in Pediatrics. The autism epidemic is very real and parents will continue to be scared of what vaccines may do to their children. Good doctors will be listening to them.

Anne Dachel is Media Editor of Age of Autism.

Tuesday, January 6, 2009

MMR: It’s ALL or NOTHING! Say goodbye to choice.

MMR: It’s ALL or NOTHING! Say goodbye to choice.
By Allison Chapman
Posted Age of Autism

Your choice to work with your pediatrician on safer vaccine schedule has just received a very large blow. Merck and Co. has decided to take away your option of separating the MMR, instead of getting the whole shebang at once. Forget those who may be predisposed to not handling 3 viruses at once; you know the weak, the infant who may need a bit more time. What if they are unable to take one of the viruses due to allergy of an ingredient, but have decided to go ahead with one or both of the others? Well too bad, allergy or not you have lost your right to choose. It’s now, all or nothing. (HERE)

I’m shocked at such a move. Why on earth at a time when some Doctors are just barely beginning with work with their patient’s parents by creating a schedule per individual child, is Merck deciding to pull the plug? Is this something they believe will quiet the supposed anti-vaccine crowd? Quiet the MMR/Autism controversy? I highly doubt it. This is a mistake of monumental proportions that will likely come back to bite them as given only the choice of all or nothing, many more may choose nothing. So you can stop banging down our doors at that point because the blame will be in the mirror.

The vaccine court was set up for the purpose of when adverse reactions happen to some children, vaccines have always been known to have side effects for some, and vaccine court is there to compensate them when there is sufficient evidence. On Christmas Day I learned of a recent case in vaccine court just decided in favor of a child who developed seizure disorder and acute encephalopathy or the marked deterioration in neurologic development as a result of the MMR, his name is Ben Zeller. (HERE)Anyone watching Ben Zeller’s parents holding him, this beautiful child, without the ability to sit up or fend for himself at all, would be overwhelmed with compassion, those of us with injured children can feel the knife passing through us. Click HERE to watch video.

I remember clearly what it was like when my son CJ received the MMR. Ahead of all milestones necessary; talking, walking, imitating, pointing, smiling, etc., all early. He used to look right into my eyes as I rocked him to sleep and sang to him. His favorite song was “Take me out to the ball game”. He was walking by 10 months and not long after was trying to play every sport. He had a set of plastic golf clubs and would wake up every morning and expertly whack balls all around our small apartment as if he were Tiger Woods in training. He also used to like to sing “Who let the Dogs out, who….who….who…”

Then at 15 months we went in for the MMR. I remember him not sleeping at all that night, crying and waking up with the most toxic smelling diaper. I also remembered when 48 hours later he had a 105 degree temperature. I called the pediatrician’s office but thought that 48 hours later was too long to be a result of the MMR but asked the nurse anyway (turns out that fever up to 2 weeks later can be result of MMR per Merck). The pedi’s office said no, it’s probably not a reaction, maybe he’s just getting a virus. Well 3 days after that we still had no sleep, still had toxic diapers that didn’t seem to stop and I lifted up his shirt to see a rash all over his midsection and beyond. I called again and thought maybe it was roseola, they said maybe. Very few answers, just many coincidences. He started staring episodes which later realized were most likely absence seizures, started leveling off development and “Who let the dogs out, who…who….who...” became only “who…who….who…” As if he no longer had the energy to say the whole thing. At 18 months we discussed some of the changes but his gross motor skills were still really good so we gave him his 18month shots. He immediately stopped calling me “Mommy”, stopped wanting to be in the same room as my husband and stopped following his sister around. He had on and off days but everything was steadily leaving and by 2 he was gone completely into the world of autism.

Do I believe the MMR alone is to blame? Or do I believe it was the thimerosal containing vaccines at 18 months alone? No, but they were both triggers, both involved absolutely in the decline of my son’s health. My children all reacted to vaccines in a way they should not have. I absolutely believe in predisposition, other toxic insults, all combining in a way to wreak havoc on a little body not equipped to handle them. There are too many too soon for some. I should be anti-vaccine from what I’ve been through but I instead believe in an individual’s right to informed choice. Their right to choose their own medical procedures designed around each child. I am not a fan of the “horde”, as I’m often confronted with those who believe I should take my lumps because it’s better for the “horde” and too bad for you if your children couldn’t handle it. I happen to think each child is worth more than that. Slower, less invasive schedules may have been the best decision for some, but no longer is it an option with the MMR.

I guess Merck believes you don’t need the choice, or that you aren’t responsible enough to have the choice. I don’t know which one is worse. If you would like to call Merck and Company to demand they correct this huge error in judgment their contact info is below. It says right on their website, “Where patients come first” we should make them prove it.

Merck & Co., Inc. Global Headquarters
Merck & Co., Inc.
One Merck Drive
P.O. Box 100
Whitehouse Station, NJ 08889-0100 USA
Phone: 908-423-1000Monday-Friday 8:30 AM - 5:30 PM ET

Allison Chapman is mom to three children and a member of the Autism Action Network.

Merck Focusing on Combination Vaccine


Merck Focusing on Combination Vaccine

Manufacturer Stops Sales of Monovalents for Measles, Mumps, Rubella
By David Mitchell 12/24/2008

Merck & Co. Inc. has stopped production and sales of its monovalent vaccines for measles, mumps and rubella. The manufacturer instead plans to focus on its combination vaccine, MMRII.

Merck spokeswoman Amy Rose said MMRII accounts for 98 percent of the company's volume for measles, mumps and rubella vaccines, compared to just 2 percent from monovalent vaccines Attenuvax (measles), Mumpsvax (mumps) and Meruvax (rubella)." The combination vaccine is what's recommended, and it's such a significant portion of the orders we see," said Rose. "It's in the best interest of public health to make more of that rather than dedicate manufacturing capacity to monovalents."

Rose said Merck had not decided when, or if, it might make the monovalent vaccines available for sale in the future. Doug Campos-Outcalt, M.D., M.P.A., who serves as the AAFP's liaison to the CDC's Advisory Committee on Immunization Practices and is a former member of the AAFP Commission on Clinical Policies and Research, said Merck's decision was insignificant in terms of public health. He added, however, that some parents likely will be unhappy."

The use of the single antigen is pretty limited," he said. "There's no harm if you need one in getting all three. There are some parents out there that want a delayed vaccine schedule. They want the vaccines spread out over a longer period of time and not so many at once. That's a lot of hooey. Alternative schedules have never been proven to be superior."

Friday, December 12, 2008

Vaccines Get New Scrutiny

Vaccines Get New Scrutiny
Vaccinations are supersafe, but maybe not all at once, or for certain children
By Deborah Kotz

Posted December 11, 2008

When Julie Austin decided to give her daughter the Gardasil vaccine, she desperately wanted to protect Sara, then 15, from the human papillomavirus that had caused abnormal Pap smears in other family members. A day after the shot, however, Sara complained that she was dizzy and her head was pounding. "Her doctor said the migraine—the first one Sara ever experienced—could have been caused by Gardasil, but it faded the next day, so I didn't worry," says Austin, of Westfield, Mass. But the headache struck again after Sara's second shot—and again after her third. Then, the crushing pain became constant, causing Sara to miss school, quit the soccer team, and spend weekends in bed.

Now worried. Might Gardasil be to blame for Sara Austin's severe headaches?

Her mom now wonders if she made the right decision to vaccinate, even though the Food and Drug Administration insists there's no reason to be worried about Gardasil. "We're monitoring the safety of the HPV vaccine very carefully, and the only adverse event that causes some concern is syncope or fainting," says Robert Ball, director of the FDA's office of biostatistics and epidemiology. And Gardasil's benefits can't be ignored: It protects against several dangerous HPV strains, including those responsible for the bulk of cervical cancers. But others in the medical establishment believe Gardasil's safety hasn't yet been proven and question why it's being recommended for girls as young as 9. "I certainly think it's wrong to give [Gardasil] to young teenage girls," contends pediatrician Catherine DeAngelis, editor in chief of the Journal of the American Medical Association. "What are the risks? We won't know until it's given to millions of women." Karameh Hawash, the pediatric neurologist who recently treated Sara Austin with a prescription migraine drug, says she has seen two other girls stricken by daily headaches after receiving Gardasil shots.

Such uncertainty explains the decibel level of the battle cries both defending and attacking vaccines, which has risen in recent years along with the number of immunizations children face: 38 shots against 15 diseases before kindergarten, compared with 11 shots against eight diseases 15 years ago. There's no question that vaccines have been lifesaving: If every American child followed the recommended schedule, some 33,000 lives would be saved, 14 million infections prevented, and $10 billion slashed from healthcare costs every year, according to the Centers for Disease Control and Prevention. But plenty of parents are unconvinced by the public-health mission, given other data—also from the CDC—showing that about 30,000 "adverse events" are reported every year by doctors and patients, of which 3,000 to 4,500 are serious enough to cause hospitalization, life-threatening illness, or even death. While the CDC's associate director for immunization safety, John Iskander, insists that "vaccines are extraordinarily safe medical products," he also acknowledges that the "trade-off between risks and benefits can be very difficult for parents."

Certainly, the government has taken steps through the years to make vaccines safer, replacing the live pertussis component of the diphtheria-tetanus-pertussis vaccine, which caused high fevers and seizures in some children, with the inactive virus, for example. At the same time, though, officials are targeting an ever-expanding array of diseases. Some parents, fighting against the more-is-better philosophy, have gone so far as to organize chickenpox parties in the belief that infecting their kids the "natural way" is safer than vaccination with a weakened form of the virus; others, fearful that vaccines have led to the rise in autism, choose not to vaccinate at all. Alarmed, the American Academy of Pediatrics in September formed an "immunization alliance" with other medical groups to push for kids to get all recommended vaccines on time. Public schools are pushing harder, too; one Maryland school district threatened to bring criminal charges against noncompliant parents.

Call for study. Far more quietly, the government is acknowledging that, at the moment, science doesn't know much about how many shots a kid can safely get at once and which children will be harmed. Last March, the family of 9-year-old Hannah Poling won a claim in the federal Vaccine Court (created to protect manufacturers from ruinous lawsuits) that the autism she developed as a toddler was most likely triggered by receiving five shots against nine diseases in one day; all told, the government has paid out more than $900 million for vaccine injuries over the past two decades. Since the Poling verdict, the government has called for new safety studies—to evaluate, say, whether gene variations may make some kids more susceptible to vaccine injury. "If we can show that individuals of a certain genetic profile have a greater propensity for developing adverse events, we may want to screen everyone prior to vaccination," says Anthony Fauci, director of the National Institute of Allergy and Infectious Diseases, a key partner in the new initiative.

The concern that vaccines might trigger autism was first sparked a decade ago by a British study—since refuted—showing that the measles part of the measles-mumps-rubella shot caused intestinal inflammation and allowed toxins to enter the bloodstream and attack the central nervous system. Other experts speculated that thimerosal, a preservative containing mercury, was the culprit, and it was removed from children's vaccines in 2001 (though most flu vaccines still contain it). The CDC is currently conducting a study of 1,200 children to see whether a thimerosal-autism link really does exist, while some scientists wonder whether a small percentage of cases are, like Hannah Poling's, triggered by multiple vaccinations. Poling was found to have mitochondrial disease, a nerve disorder causing autismlike symptoms that appeared to be brought on by her immunizations. "Mitochondrial disease often occurs in the later stages of a viral illness, and it's proper reasoning to think that vaccines could do what viruses do," in terms of immune reactions, says neurologist Bruce Cohen, a mitochondrial disease expert at the Cleveland Clinic.

A search for markers. The answer could lie in gene studies. "We'd like to know if there are particular markers that signal undetectable diseases like a subclinical mitochrondrial disorder," says Fauci. A 2007 study already found that certain mutations affect a person's susceptibility to fevers after smallpox vaccination; the researchers say they may also predict other responses, like febrile seizures linked to the MMR vaccine.

It's important to keep the risks in perspective: More than 95 percent of kids sail through their shots with, at most, a little fussiness, according to Renee Jenkins, president of the American Academy of Pediatrics. A small percentage experience an overactive immune response like redness, swelling, or pain at the injection site, high fever, or extreme irritability, but severe complications like anaphylactic shock are extremely rare (see graphic). Still, how to account for the fact that once familiar diseases like measles and mumps have become nearly as rare as the adverse reactions?

"It's one thing to take a risk [with a medication] if you actually have a disease, but taking a risk when the goal is prevention of a very rare disease is less tolerable," says Arthur Caplan, director of the Center for Bioethics at the University of Pennsylvania. Menactra, for example, protects against bacterial meningitis, which strikes about 1 in 100,000 people per year and kills about 1 in a million. But it also may cause Guillain-Barré syndrome, a temporary but severe paralysis triggered by an overactive immune system, in 1 to 2 teens per million who are vaccinated, according to Iskander.

New vaccines like Menactra and Gardasil pose unknown safety risks because, like any drug submitted for FDA approval, they only need to be tested in several thousand people. "These trials simply aren't big enough to detect rare events that only come to light after 1 million or more doses are distributed," says Iskander. The original vaccine against rotavirus, which causes severe diarrhea and dehydration in infants, was tested on fewer than 1,300 American infants before it was approved in 1998; a year later, after being given to 1.5 million babies, RotaShield was pulled from the market because 13 reported cases of severe intestinal blockages were attributed to the vaccine. The meningitis vaccine Menactra was studied in just over 7,500 people before it was approved in 2005 for adults and kids over age 11. It wasn't until last February, after 15 million doses had been administered, that the CDC announced a "small increased risk" of Guillain-Barré that needs to be studied further.

Hit or miss. The CDC's current system of detecting rare problems is hit or miss. Perhaps the crudest tool is the Vaccine Adverse Event Reporting system, which relies on doctors and patients to file a report if they suspect symptoms have been caused by a vaccine. Many problems filed with VAERS have nothing to do with vaccinations; real adverse events often go unreported. A better monitoring system, the agency's Vaccine Safety Datalink, regularly scans 5.5 million anonymous health records provided by managed care organizations to see whether new vaccines are associated with a spike in certain conditions. Still, even the Datalink database doesn't hold enough teens to definitively prove a causal link between Guillain-Barré and Menactra, says Harvard Medical School professor and vaccine researcher Richard Platt. He and his colleagues recently established a surveillance system that includes 50 million people and are using it to check for Menactra-related Guillain-Barré cases in more than 9 million young people ages 11 to 21. Platt expects to publish results sometime in 2009.

This larger surveillance system could also help determine whether there's a limit to the number of immunizations a baby can safely have at once. The Institute of Medicine concluded in 2002 that giving babies 20 shots against 11 diseases before age 2 did not raise the risk of juvenile diabetes (thought to be a result of an immune system in overdrive). But the IOM decided there wasn't enough evidence to prove or disprove an increased risk of allergies and asthma. Efforts are underway in Congress to fund a well-designed study comparing vaccinated kids against those who remain unvaccinated to see if there are differences in autism rates.

Avoiding immunizations altogether certainly isn't a good solution for families, because meningococcal, pertussis, and other infections could sharply rise if vaccination rates drop low enough—putting any unvaccinated child at risk. Measles cases rose recently in counties with the lowest vaccination rates. So, parents who choose not to vaccinate better hope that other parents aren't following their lead. Certain approaches, though, can help minimize risks without leaving children unprotected.

While researchers seek answers, some families are left wondering if their tragedies are vaccine-caused. Philip Tetlock, an organizational behavior professor at University of California—Berkeley's Haas School of Business, is desperately trying to determine if his 14-year-old daughter Jenny's juvenile amyotrophic lateral sclerosis (aka Lou Gehrig's disease) is a result of her Gardasil vaccination. Another young woman, Whitney Baird, 22, died in August from this disease, just 13 months after receiving Gardasil. Both were healthy before getting the shot, and the condition is extraordinarily rare, affecting just 1 in every 2 million people. The cases have been reviewed by CDC researchers who, says Iskander, "didn't feel that vaccines were the likely trigger." Yet Barbara Shapiro, an associate professor of neurology at Case Western Reserve University School of Medicine who has also pored over Jenny's and Whitney's medical records, believes the cases raise red flags.

Often, parents' only recourse is to try to collect damages in the Vaccine Court, which is expected to rule on a series of autism cases any day. Tawny Buck had to fight hard to convince the court that her infant daughter Quincy's seizures, which left the now-13-year-old with severe brain damage, were caused by a reaction to the live pertussis vaccine. Currently serving in a government vaccine-safety working group, Buck, of Wasilla, Alaska, hopes her experience can help make a difference when it comes to setting research priorities for the CDC. "Vaccines are important for keeping our communities safe, but they have problems," she says. "What happened to my daughter can't be forgotten."

Monday, November 24, 2008

***Mercury Emissions Up at Coal-Burning Power Plants***

***Mercury Emissions Up at Coal-Burning Power Plants***

*WASHINGTON, DC*, November 21, 2008 (ENS) -
http://www.ens-newswire.com/ens/nov2008/2008-11-21-092.asp

The top 50 most-polluting coal-burning power plants in the United States emitted 20 tons of toxic mercury into the air in 2007, finds a new report from the nonprofit Environmental Integrity Project. Of the top 10 mercury emitting power plants, all but one reported an increase as compared to 2006.

Once released into the atmosphere, mercury settles in lakes and rivers, where it moves up the food chain to humans who eat contaminated fish.

The Centers for Disease Control has found that six percent of American women have mercury in their blood at levels that would put a fetus at risk of neurological damage.

Mercury's harmful effects that may be passed from the mother to the fetus include brain damage, mental retardation, incoordination, blindness, seizures, and inability to speak, according to the federal Agency for Toxic Substances. Children poisoned by mercury may develop problems of their nervous and digestive systems, and kidney damage.

More Southern Company power plants are among the dirtiest mercury emitters than those of any other company, according to the report, which is based on data reported to the U.S. Environmental Protection Agency.

Southern Company's Miller power plant, in Jefferson County, Alabama, tops the list of mercury emitters, reporting nearly a ton of mercury air pollution in 2007, the most recent period for which data is available. This represents a 13.57 percent increase over the plant's 2006 reported emissions.

In April 2006, the plant's operator, Alabama Power, announced it would spend $200 million to remove nitrogen oxide emissions by 2008 and sulfur dioxide emissions by 2011, but no mercury removal technology has been announced for the Miller plant.

In total, eight Southern Company plants in Georgia and Alabama are ranked among the top 50 power plant mercury emitters.

The dozen states with plants emitting the most mercury are - in order from highest to lowest - Texas, Pennsylvania, Alabama, Georgia, Ohio, Indiana, North Dakota, Missouri, Kansas, North Carolina, Wisconsin and Arkansas.

Texas power plants hold five slots among the nation's highest 10 mercury emitters.

From Austin, Environmental Integrity Project attorney Ilan Levin said, "When the original Clean Air Act was passed in 1970, the electric utility industry persuaded Congress to not impose strict pollution controls on old power plants, because they would soon be replaced by newer state-of-the-art facilities. Yet despite the
industry's promises, many of the nation's oldest and dirtiest power plants continue to operate."

"Pollution controls that dramatically reduce emissions are widely available, and already being used at many plants," said Levin. "But, until the public and policymakers hold the electric utility industry to its promised cleanup of the nation's oldest and dirtiest power plants, Americans will continue to bear unnecessary health and environmental costs."

The Environmental Integrity Project report says, "Activated carbon injection, which is commercially available and has been tested through the Department of Energy's Clean Coal Power Initiative, can achieve mercury reductions of 90 percent on both bituminous and sub-bituminous coals."

"In addition," the report says, "mercury can be significantly reduced as a co-benefit of controls for other pollutants, such as fabric filters, sulfur dioxide scrubbers, and selective catalytic reduction."

Jan Jarrett, president and chief executive of Citizens for Pennsylvania's Future, said, "These continued high mercury emissions from Pennsylvania plants clearly demonstrate the need for Pennsylvania's state-specific mercury rule that was adopted in February of 2007."

"Our rule requires an 80 percent reduction in mercury emissions from power plants by 2010 and a 90 percent reduction by 2015 and does not allow power plants to trade toxic mercury emissions," he said.

Coal-fired power plants are the single largest source of mercury air pollution, accounting for roughly 40 percent of all mercury emissions nationwide, according to the U.S. Environmental Protection Agency. The mercury they emit is affecting national parks, warns Bart Melton, an analyst with the nonprofit National Parks Conservation Association.

"National parks across the U.S. suffer from high concentrations of mercury pollution - a key source of which are coal-fired power plants. At the Great Smoky Mountains, mercury pollution is continually showered over the park, and then works its way up the food chain, threatening the health of park visitors and wildlife," Melton said. "We need to shut off the toxic mercury spigot at coal-fired power plants to keep national park visitors and wildlife healthy."

While some of the dirtiest plants are reporting reductions in mercury emissions since 2006, the majority of the worst 50 plants increased their mercury emissions through 2007.

In 2005, over the objections of environmentalists, the U.S. EPA introduced a weak cap-and-trade rule, which would have allowed power plants to either reduce their own mercury pollution or buy pollution credits from other plants. In February 2008, a federal appeals court ruled that EPA's approach to power plant mercury emissions violates the Clean Air Act, and vacated the EPA regulation.

The Environmental Integrity Project was established in March 2002 to advocate for more effective enforcement of environmental laws. The organization was founded by Eric Schaeffer, who served as director of the U.S. Environmental Protection Agency's Office of Regulatory Enforcement. Schaeffer resigned in 2002 after publicly expressing his frustration with efforts of the Bush administration to weaken enforcement of the Clean Air Act and other environmental laws.

Thursday, November 20, 2008

Vaccine Injury Compensation: A Failed Experiment in Tort Reform?

Vaccine Injury Compensation: A Failed Experiment in Tort Reform?
by Barbara Loe Fisher, from the NVIC newsletter.

On Nov. 14, 1986, President Ronald Reagan signed the NationalChildhood Vaccine Injury Act of 1986 into law, instituting first-timevaccine safety reforms in the U.S. vaccination system and creating thefirst no-fault federal vaccine injury compensation program alternativeto a lawsuit against vaccine manufacturers and pediatricians.

Twenty-two years later, on Nov. 18, 2008,I made a statement (Statement— Barbara Loe Fisher, Nov 18, 2008 — Advisory Commission on ChildhoodVAccines) to the Advisory Commission on Childhood Vaccines (ACCV) andquestioned whether the compensation program is fatally flawed and sobroken that it should be repealed.

Many parents are wondering whetherit would be better to return to civil court without restrictions tosue vaccine manufacturers and doctors for injuries and deaths their children suffered after receiving federally recommended vaccines. During its two-decade history, two out of three individuals applyingfor federal vaccine injury compensation have been turned awayempty-handed even though to date $1.8B has been awarded to more than2,200 plaintiff's out of some 12,000 who have applied.

Today, nearly5,000 vaccine injury claims are sitting in limbo because they represent children, who suffered brain and immune system dysfunction after vaccination but have been diagnosed with regressive autism,which is not recognized by the program as a compensable event. There is $2.7B sitting in the Trust Fund which could have been awarded tovaccine victims.At the time of the law's creation in 1986, Congress said they werecommitted to setting up a fair, expedited, non-adversarial, lesstraumatic, less expensive no-fault compensation mechanism alternativeto civil litigation. But Congress also acknowledged that anylegislation providing liability protection must also be equallycommitted to preventing vaccine harm.

The Act contains strong safetyprovisions, including first-time mandates for doctors to record andreport serious health problems, hospitalizations, injuries and deathsafter vaccination and give parents written benefit and risk information before a child is vaccinated. But few of the safety provisions have been enforced and, as Itestified in Congress in 1999 and again at the Nov. 18 ACCV meeting,there has been a betrayal of the promise that was made to parentsabout how the compensation program would be implemented.

Obtaining compensation has become a highly adversarial, time-consuming,traumatic and expensive process for families of vaccine injured children and far too many vaccine victims have been denied compensation while vaccine makers and doctors have enjoyed liability protection and dozens of doses of nine new vaccines have been added tothe childhood vaccine schedule.I pointed out that federal court judges are beginning to look back atthe legislative history of the Act, which so clearly affirms theintent of Congress when creating it.

In recent court decisions, judgeshave agreed with parents and their attorneys that the compensation program has become far too difficult for plaintiffs. A recent stateSupreme Court ruling also reiterated that Congress never intended toshield vaccine manufacturers from ALL liability for vaccine injuriesand deaths when it could be demonstrated that a safer product couldhave been marketed.In a Supreme Court of Georgia ruling on October 6, 2008 in AmericanHome Products v. Ferrari, the justices unanimously held that theNational Childhood Vaccine Injury Act does not give a vaccine manufacturer blanket immunity from vaccine injury lawsuits if it canbe proven that the company could have made a safer vaccine.

Georgia Supreme Court Justice George Carley wrote that the 1986 law and "thecongressional intent behind it shows that the Vaccine Act does notpre-empt all design defect claims." He added that Congress did not"use language which indicates that use of the compensation system ismandatory" but only "an appealing alternative" to the courts. Justice Carley wrote that there is no evidence that "FDA approvalalone renders a vaccine unavoidably safe" and said "We hesitate tohold that a manufacturer is excused from making changes it knows willimprove its product merely because an older, more dangerous versionreceived FDA approval," adding that to do so would have "the perverseeffect" of granting complete immunity from liability to an entireindustry and he concluded that "in the absence of any clear andmanifest congressional purpose to achieve that result, we must rejectsuch a far-reaching interpretation. "During the ACCV meeting, longtime plaintiff's attorney Sherry Drewgave a moving description of the suffering that families with vaccineinjured children endure and, during public comment at the end of themeeting, Jim Moody, of SafeMinds, and Vicky Debold, RN, PhD joined mein urging the Committee to recommend to the new Secretary of DHHS thatmore vaccine injured children be compensated.

This was echoed byoutgoing parent ACCV member Tawny Buck, of Alaska, who has a DPTvaccine injured daughter and new ACCV parent member Sarah Hoiberg, ofFlorida, who has a DTaP vaccine injured daughter.In the 1986 Vaccine Injury Act, the Institute of Medicine was directedto review the medical literature for scientific evidence that vaccines can cause injury and death, which resulted in landmark reports toCongress in 1991 and 1994 providing that evidence. IOM announced atthe ACCV meeting that it has recently been contracted by the Health Resources & Services Administration (HRSA) to assemble a Committee of scientific experts to review of the medical literature for evidenceregarding the biological mechanisms for injury and death inassociation with varicella zoster (chicken pox), hepatitis B,meningococcal and HPV vaccine.

There will be several public workshopsduring the Committee's two- year study.NVIC has been calling for basic science research into the biologicalmechanisms of vaccine injury and death for more than two decades.Without understanding how and why vaccines can cause brain and immunesystem dysfunction, there will be no way to develop pathologicalprofiles to help scientifically confirm whether or not an individualhas been injured or died from vaccination.The truth about vaccine risks lies in the science, properly designedand conducted.

The upcoming IOM review may be hampered by a lack ofbiological mechanism studies published in the medical literature butthe review is also an opportunity to point the way to fill in thosegaps in knowledge and the need for additional research that could become part of a national vaccine safety research agenda.In the absence of scientific certainty, all children who regress intopoor health after vaccination should be given a fair hearing in the federal vaccine injury compensation program and generously compensatedwhen no other plausible cause can be found for what happened to themafter vaccination. Congress intended the vaccine injury compensationprogram to be non-adversarial, fair, generous and humane. If it cannot function the way it was intended to function, then parents have everyright to call for its repeal and a return to unrestricted lawsuits.