Children with autism get day in
court
By ANDREW BRIDGES, Associated Press Writer
In excruciating detail, an
Arizona
mother on Monday described severe autism and devastating health
problems that plague her 12-year-old daughter and asked a court to
find common childhood vaccines were the cause.
The test case is being closely watched by nearly 5,000
families of autistic children who have lodged similar claims for
compensation from a federal fund.
The case of Michelle Cedillo, of
Yuma
,
Ariz.
, is the first alleging a vaccine-autism link to be heard in the
U.S. Court of Federal Claims. It and eight other test cases are
important because they will guide the handling of the other pending
claims. Most contend that a mercury-rich preservative called
thimerosal is to blame for the impaired social interaction typical
of the disorder.
Should they prevail, the families will be eligible for
compensation from a federal vaccine injury fund established by
Congress to ensure an adequate supply of vaccines by shielding
manufacturers from lawsuits. No autism claim has been paid from the
fund thus far.
Large scientific studies have found no association between
autism and vaccines containing thimerosal.
Government attorney Vincent Matanoski dismissed much of what
the plaintiffs are expected to present during the three-week hearing
as conjecture or speculation.
"You'll find their hypotheses untested or, when tested,
have been found false," Matanoski said.
Theresa Cedillo said her daughter suffered five days of
fever, her temperature often spiking to 105 degrees, after receiving
a measles, mumps and rubella vaccination at age 15 months. Michelle
was a happy, robust, responsive and loving child — in short,
normal — but hasn't been the same since, her mother told the
court.
Wearing noise-canceling headphones, Michelle was brought into
the courtroom in a wheelchair at the start of the proceedings. She
stayed only a short time, moaning audibly several times. Besides
autism, Michelle suffers from inflammatory bowel disease, glaucoma
and epilepsy. In addition, her bones, weakened by years of
malnourishment, are prone to breaks, Theresa Cedillo said.
Everything she eats is pumped in through a feeding tube, except for
crackers and water.
"Clearly the story of Michelle's life is a tragic
one," Special Master George Hastings Jr. said in thanking the
family for allowing theirs to be the first test case.
Hastings
pledged he and two other special masters would listen carefully to
all evidence.
Theresa Cedillo and husband Michael allege thimerosal-containing
vaccines weakened their daughter's immune system and prevented her
body from clearing the measles virus after she was immunized. That
theory is one of three alleged by the thousands of plaintiffs. The
others claim either thimerosal or the measles vaccine alone caused
their children's autism.
"We hope to find out what happened and hopefully get the
help she needs," said Theresa Cedillo, who takes care of her
daughter full time at home.
The burden of proof is easier than in a traditional court.
Plaintiffs only have to prove that a link between autism and the
shots is more likely than not, based on a preponderance of evidence.
But many parents say their children's symptoms did not show up until
after their children received the vaccines, required by many states
for admission to school.
"These are families who followed the rules. These are
families who brought children in for vaccines. These are families
who immunized their children," Cedillo attorney Thomas Powers
said. Later, outside court, he cast aside any suggestion his clients
were anti-vaccine.
Autism is characterized by impaired social interaction. Those
affected often have trouble communicating, and they exhibit unusual
or severely limited activities and interests.
In 1999, the
U.S.
government asked vaccine manufacturers to eliminate or reduce the
use of thimerosal in childhood vaccines to limit infant exposure to
mercury. Today, the preservative is no longer found in routine
childhood vaccines but is used in some flu shots.
The nine test cases will be heard consecutively over the next
year. A ruling in the Cedillo case could take months or longer,
attorneys said.
|