Who Can Take Part in the Vaccine Court?
Krakow explains:
The first thing parents have to know is the statute of limitations. This court has the shortest statute of limitations that exists in law: three years from "manifestation of onset of symptoms" (whether or not you knew whether your child might be affected).How Can Families Find Legal Rpresentation?Next, parents need evidence of a child's immune dysfunction. This would take the form of clear medical records.
If families fall into these categories, they may have a claim. It's important to act immediately: contact a lawyer right away. Unfortunately, here are only a handful of lawyers handling these cases: lawyers don't get paid until the case is over, and these cases go on for many years. Ultimately, they'll be paid from the vaccine court fund.
Given the shortage of interested lawyers, I asked Mr. Krakow if he and his partners would be willing to advise About.com readers - or even take on their cases. His answer was yes: "I am still open to taking on cases and/or advising a parent. I believe strongly in these cases, and would be happy to speak to anybody. It takes a parent to understand what a parent is going through; I empathize with the situation."
You can contact Mr. Krakow at rkrakow@earthlink.net.
What If My Child's Vaccine Injury Occured More Than Three Years Ago?
Says Krakow:
My understanding is that if you didn't file in time in the vaccine court, you can't file suit against vaccine makers in civil court. There are a few exceptions. You can sue the manufacturer of thimerosal (Eli Lilly) becaue they're not the vaccine manufacturer. The second exception: certain mothers may have received Rhogam during their pregnancy (a shot that mothers received during pregnancy to help resolve an immune conflict). If so, up until 2002, Rhogam contained thimerosal - so children in utero could get exposed to thimerosal. So that's not a vaccine case.If this situation seems overwhelmingly unfair, it is. Families whose child was born during the 1990's are specifically excluded from the vaccine court proceedings through no fault of their own (since the idea that vaccines might be linked to autism was not even considered at the time). While this injustice is real, however, it is not intentional on the part of the vaccine court. The court was created, according to Krakow, to provide quick and generous compensation to families dealing with what were then obvious and immediate reactions to vaccines (seizures, encephalitis, etc.). The creators of the vaccine court simply never forsaw a situation like the one it's facing today.Talk to a lawyer to find out whether you're eligible. And if you can't find a lawyer, you can represent yourself.
Coming soon: How the vaccine courts work...

Is the title of this article seriously “Can You Take Part in the Autism Vaccine Trials? Find Out How – Find Out Now!” It’s deplorable that parents dealing with autism are being recruited to sue the government by what sounds like a used car salesman. If anything this “ad” speaks to the illegitimacy of this case and reveals the true focus of the lawyer’s motives. Not science, not truth, but money. I guess I can’t say I’m too surprised.
Why is About.com encouraging frivolous law suits? Why is About.com offering free advertising to an injury lawyer? Why is Lisa Jo Rudy perpetuating falsehoods about the causes of autism?
I’d like some info about the Nigerian oil minister widow who needs help accessing the $18 million that her husband stashed in a Venezuelan bank account. Can Mr. Krakow help me with that, too?
well, a lot of people were asking these things in other threads. the thing that many of these people asking don’t understand is, these are tests cases and 2, you cant simply add your name to a list and be included just like that is these tests cases and 3, no one yet knows what the outcome of these trials will be as of yet.
all this is, is information being provided for those who want it.
I’m sure glad to see it, and I wish to hell I could sue every single party involved in poinsoning my son, conspire to cover up the poisoning, conspiring to manipulate dat and databases that they manipulate to ’show’ that the poisoning is a figment of my hysterical imagination and refusal to accept ’science’ and the repeated parroting of media outlets of the official gov/corp talking points, and conspiring to discredit anyone who asks questions based on real scientific experiments that show poisoning.
I am puzzled by the comments that have been made.
First, please know that I have NEVER advertised or “recruited” parents or anyone else for any vaccine court matter. I have been the recipient of contacts and questions by parents and others and I have tried to advise them within the bounds of the law.
Second, it is highly presumptuous for anyone to determine that these claims are “frivolous.” There is subtantial scientific support for the claim. As an attorney, I would never accept a claim that is “frivolous.” In fact, I refuse to accept the majority of cases that parents contact me about. Unfortunately, most of the claims are not timely because the parents had no idea about the possibility of the claim until it is too late to file.
I believe the reason about.com posted the information about vaccine court is that many parents were submitting questions about the proceedings. As for “free advertising” about.com contacted me. It is not financially advantageous for any lawyer, or me, to accept these cases. Frankly, I am answering questions and speaking to parents because I care very deeply about the rights of children with disabilities. I donate hundreds of hours per year without compensation to advocate for the welfare of children and adults with disabilities, at great financial hardship to myself and my family.
Some out there may have biases against trial lawyers or the litigation system. Your biases are misplaced. Not every lawyer who tries to work within the legal system – and it is very difficult to do so – is engaged in frivolous activity, notwithstanding the spin put out there by special interest groups supported by business or the US Chamber of Commerce, like the American Tort Reform Association.
The vaccine injury claims made by children with neurodovelopmental disorders including autism are valid and real casses, supported by substantial medical and scientific evidence. These children deserve their day in court and more. That is what America is all about. That is why the National Vaccine Injury Compensation Program was established.
Hi, everyone! Just to let you know that this post is intended to answer the many questions I’ve received about what the vaccine trials entail and how families might take part if they believe their child has been vaccine injured. Mr. Krakow very generously offered to talk with and advise concerned parents, and I hope those who wish to will take advantage of the opportunity.
As regards my own personal opinions: I am not a scientist or a researcher, and thus am not qualified to render an opinion on the question of vaccines as a possible cause of autism. What I can and will continue to do is offer readers information, resources, and perspectives on the topic (along with all other topics related to autism).
I do think it’s important that parents who are interested in taking part in the vaccine court process do so. The more we know about autism and the more we support families struggling with the disorder, the better it is for all of us!
Thanks,
Lisa Rudy (About.com Guide to Autism)
I am second to none in my admiration for trial lawyers and the work that do. But that has nothing to do with the pseudoscience and conspiracy theories that petitioning parents offer as fact in the current omnibus hearings. If there is “substantial medical and scientific evidence,” to support these claims, then now is the time for vaccine experts to show us. But that’s not happening. So far those experts have only managed to embarrass themselves with exaggerated credentials and fuzzy generalities.
And Lisa, you left yourself open to ridicule with that ridiculous headline – Find out how! Find out now! It reminds me of the car dealership commercials with their low, low finance rates.
Nothing frivilous to see here, citizens, move along.
actually, the title reminded me of get the Kaboom TV ads but I might just have a thing for clean toilets and hard wood floors. have to say, the caption caught your attention. sure did grabbed mine. wouldn’t that be more the point than what the caption reminded us of? I myself admire the extra step this site takes to ‘grab’ information for any and all who may find use for it.
Gosh, heraldblog … awfully presumptuous of you to have, you know, an informed opinion. I find you in contempt of all that is decent.
Fortunately for you, good legal help is available. Find out how — find out now!
OK – I removed the offending headline! It was supposed to be lighthearted, but obviously didn’t work the way I imagined. Hope it helps!
Lisa
“I am second to none in my admiration for trial lawyers and the work that do. But that has nothing to do with the pseudoscience and conspiracy theories that petitioning parents offer as fact in the current omnibus hearings. If there is “substantial medical and scientific evidence,” to support these claims, then now is the time for vaccine experts to show us. But that’s not happening. So far those experts have only managed to embarrass themselves with exaggerated credentials and fuzzy generalities.”
First, I am breaking a personal rule by answering a message by someone whose true name is not revealed. I feel I need to respond to your post.
The so-called conspiracy theories and pseudoscience that you refer to has nothing to do with the proceeding in vaccine court. The credentials of the witnesses produced by the Petitioners are outstanding, and their work is sound. Perhaps you have been observing a different proceeding or maybe not observing at all. We all read and hear all kinds of information in various venues, but you are painting with a very broad brush when you use the word “conspiracy” or “pseudoscience.” What is false about the opinions of Vas Aposhian, one of the leading toxicologists in the world. Or of Arthur Krigsman, a very experienced pediatrician and pediatric gastroenterologist whose findings in many individual children are documented and verified through histological examinations of biopsies. Marcel Kinsbourne too is a very well-credentialed and highly regarded expert as are the others who testified.
There was absolutely no evidence presented by the Petitioner that could remotely be described as the product of a “conspiracy” and the science is sound. Perhaps you don’t like what you see, but a specific challenge showing how the science is false would be better than slinging mud and name-calling.
respectfully;
I am sorry, but to post to only one about conspiracy theories is not fair when another used the same term.
it’s all a matter of opinions here and opinions work both ways. what started out as a great informational article in my opinion has turned into a biased battle of the opinions and a professional who broke his own personal rule. it would had been much more fair of a professional to address the post to both who used the term, starting with the one who used it first.
Lisa Jo – I wonder, will you, in your quest to provide more information about autism, provide legal opinion from the other side of this legal proceeding?
Petitioners witnesses included no experts on autism at all. The ‘expert’ witnesses they did provide were exposed as inflating their CV’s (Byers – who was unable to offer any opinion as to general causation), having formulated their theories 3 or 4 weeks prior to the hearing (Vas Aposhian), believing that in vitro studies are nearly always reproducible in animals and that animal studies are nearly always good models for humans (Vas Aposhian) – a belief that I’m pretty sure is almost unique amongst toxicologists. Krigsman was found to have inflated his publication record (he listed 4 publications on his CV – turns out he has one publication).
These are not good scientists (Byers claimed professional affiliation with University of California-San Francisco based on the fact she used their library and went to their parties!) and when one actually reads the science they are presenting carefully, the patina of respectability disappears. They have – at best – a hypothesis (not a theory) about how thiomersal and MMR might cause autism. They presented no evidence whatsoever that any symptoms of Michelle Cidello’s autism, nor autism in a general sense, had had a vaccine specific trigger.
Next week, in week 2, Special Masters will hear from at least two autism specialists. Won’t it be a nice change to hear a discussion about autism in these autism omnibus proceedings?
I’m going to break a rule about debating lawyers.
The petitioners are asking people to believe that thimerosal-containing vaccines so profoundly immune suppressed Michelle Cedillo that over a year later an MMR vaccine caused her to develop Crohn’s and autism.
Petitioner’s expert Kennedy estimated that Cedillo received 112.5 millionths of a gram of thimerosal in the vaccines she had received. According to petitioners, this miniscule amount of thimerosal created a profound state of immune suppression.
Yet during this year-long interlude, she never displayed any signs of being immune compromised. Had this been the case, she would have almost certainly become severely ill with any of the huge number of viruses and bacteria that infants and toddlers regularly encounter. Coxsackie and Norwalk would have devastated her. Strep or the flu would have likely killed her.
If Michelle Cedillo really had an active measles infection, she would have presented with a rash and other classic measles symptoms. If her immune system was so compromised, she would likely have died from Subacute Sclerosing Panencephalitis, a complication of measles in immune-suppressed patients. People with active measles infections develop measles. How does measles morph into Crohn’s and autism? It strains credulity.
Krigsman ascribes to this immune-compromised, thimerosal/MMR hypothesis and yet gives her powerful steroids and anti-TNF, which would be really questionable in a patient with such an immune-compromised system and active measles.
Another incredulous feature of this hypothesis is the claim that Michelle went from being severely immune-suppressed to developing a horrific auto-immune disease requiring intense immuno-suppression and autism.
Krigsman testified that he worried that Cedillo’s parents had trouble finding another doctor who would treat her with the same drug regimens he prescribed because they wouldn’t see the disease the same way. He had just finished describing how his exam revealed such obvious disease and yet no one else would see it?
O’Leary’s lab had done PCR and claimed to have found measles virus in tissue sent by the Cedillo family. Two other studies could not replicate O’Leary’s published work on his methods. The petitioner’s expert, Hepner, claims that the two other studies are flawed because blood was used and the virus didn’t circulate in blood. Yet they also claim that the measles virus pervaded the GI system and CNS. It was so systemically pervasive and powerful that it caused two wholly different diseases, Crohn’s and autism, and yet it can’t be found in blood.
Michelle Cedillo is living a tragic life and it is understandable that her parents would look for a cause. But this thimerosal/MMR hypothesis doesn’t even pass the sniff test.
After living with my son’s autism for 7-years now this is what I’ve learned from him. One time when he had exhasted all the strength that he can muster, and I had exhausted all the patience I could muster, my son and I quietly sat looking at eachother. I asked “why, bud? why?” His reply was: “I can’t know how to help it. God just made me this way”. I’ll never forget that.
In the past I’ve not had much interest in the “vacine theory”. A friend email’d me this blog. I thought I’d take a look.
It is encouraging to see the energy and passion everyone has about this topic. I hope it continues. The more everyone talks about it ( or argues about it), more is revealed.
So far I’ve gone with the notion of “if it is to good to be true, it probably is’nt”, and on the answere my son gave me “because God just made me this way”.
Maybe someday I will have more time to investigate the matter further. I think it is odd that my son’s twin has no “issues” what-so-ever. No one in our family has these issues either, so genetics is crossed out. I’ve been told that it was probably because he was the smaller of the premature twins. When you get right down to it – who knows!!!
I hope you don’t slaughter my blog. I just wanted to express my thoughts of this story, and your comments to eachother. I also wanted to encourage each of your passions, on both sides of this argument/theory. I believe that this path of openess (of this subject) will eventually lead to good solid answeres inturn hopefully lead to help.
You know, within my family, there are members that were never diagnosed with an autism disorder and the same on my son’s side. However there are a few that questionably qualify. They happened to live in a time period a diagnoses of such wouldn’t have been given. My son’s father and I split when my son was almost a year old. Once I started reading about autism, OMG my son and his dad are exactly alike right down to smelling non-food items. Just because there is no diagnoses in family history, wouldn’t always mean there isn’t a genetic link. My son’s father of course is in denial about our son, but also see’s himself in behaviors just as our son has. it seems many adults who were never diagnosed have substance abuse, and that was the case with the father. it’s how he was able to deal with a social environment.
My son was severely speech delayed, and once he started using words in a functional manner, he stuttered horribly. One day he asked me why his mouth was broken. I told my son no part of him was broken, his words simply get stuck and he’s not the only one whose words get stuck.
I myself don’t doubt vaccine injury. But my question is show me the science of exactly how it happened. Telling me after a vaccine autism occurred tells me nothing. I want to know why some and not other’s, what is the exact chemical reaction that causes autism after a vaccine and was it in fact the Thimerosal or something else within that vaccine?
Prevention cannot begin without those answer’s.
We can hardly begin to become proactive in prevention without more answers.
ASA website still states: “There is no known single cause for autism, but it is generally accepted that it is caused by abnormalities in brain structure or function.” it also goes on to talk about links to autism, but more research is clearly needed, and I agree with it.
I myself don’t doubt vaccine injury. But my question is show me the science of exactly how it happened.
Mercury in thimerosal converts to a salt, which leaches vital nutrients from the spinal cord via the zeolite canal. This causes the Ossining cells to prematurely open, releasing “bad” elements into the blood stream before the body can use the mercury naturally for body temperature control. There are several scientific studies that clearly point in this direction, but Eli Lilly has blocked funding for more research.
The flow of thimerosal through the zeolite canal and on to Ossining cells is known biologically as “Sent Up The River.”
I think it’s completely unfair that many parents of children born in the 90s — when the Hepatitis B shot was given within a few hours at birth and with mercury — are excluded from this suit. Remember the women who took that drug that made their daughters unable to have children? Well, these women were able to get damages later as adults when it was finally figured out they were damaged by the meds.
It used to be that doctors advised against getting shots when a child was sick — but in the 90’s they thought it was okay to give a powerful shot like Hepatitis B (which my son was in less danger of getting than he was in having a reaction to the shot — this is mostly an adult disease, or a disease born to affected mothers — it was inexcusable. He was not strong after a difficult birth and trouble keeping his body temperature up — just not strong enough to withstand the shot. He had an immediate reaction which I know now was almost certainly due to the vaccination.
There should be some way to sue. His care, treatments, the fact that he will never be competitively employed, we have to care for him until we’re gone, the fact that he can’t do many of the things othe people can, etc., mean a great deal of expense and heartache — certainly as much as women who are unable to have children. He should be compensated for this! It’s the right thing to do! Where is our caring?
I cant believe more people are not FOR this finally going to court. I am 100% convinced that my son was poisoned by his shots. He was normal until we took him to the health department for his round of 1 yr shots. I HAVE dont the research on this topic and am very educated in how and what has happened with the vaccine debate. They poisoned our children and swept it under the rug. Parents are left with children robbed of a normal life because a few people were negligent. I also have read in a few publications that when they decided to take out the perservative containing mercury in the shots they were told to destroy the rest the manufactur had. But they didnt. They donated the shots as a write off to the health department. Please …. all critics… do some homework…. i will agree that not all cases were caused from this .. but i think most were. I really hope they track it back to this cause.
My son is affected with autism. This is a life long dissability. I also believe that one day the causation of autism will be uncovered and it will be the BIGGEST MEDICAL TRAGEDY EVER!
My son began getting sick prior to his first b-day. Pneumonia, resp. and ear infections, then asthma. I recently found a picture of him at 11 months old. It horrifies me to look at it right now because his head looks HUGE!!!! He’s holding his ears d/t the fact he most likely had an ear infecton, by the way, a complication of the MMR is otitis media (I just figured that out d/t the fact NO ONE ever told me that.) Also does Vero sound familiar? That happens to be monkey cells! No one told me about that one either! Last but not least MERCURY!! No ammount or form is safe. According to the MSDS (material safety data sheet) Mercury is POISION! No one told me that one either! Also on the outside of the bottle it has a skull and cross bones! Why in the world would anyone even begin to think using poision in vaccines was/is safe? By the wasy mercury is still being used in a few vaccines (The flu shot. I say money was/is more important and NOT the safety of our children. No one can ever take away our pain and this life long dissablity. My dreams for my son have been broken, however God is good, God is in control, and God has given us new dreams to dream for our son and justice will prevail!
My son has spent most of life (He just turned 16) recovering from the vaccinations – he had an ear infection at 15 mos. in 1993 but the doctor still insisted on giving all the shots, HIB, Heb B, MMR. Can you guess – yes he has autism. I am so relieved FINALLY the govt. and pharmaceuticals will be found culpable. Then FINALLY we can start finding ways to remediate the damage of the millions of children- instead of listening to the bull… that no link has been found!
my precious grandson was stolen away from us within 14 days of receiving his mmr in 1993.Yes, he is autistic. He was a “typical 14month old until he got that shot. Someone has to be accountable for the loss of ALL of these children. We r allowing our government to poision our babies!
Thank you for sharing important information regarding the mercury link with vaccines and other injection type medications. Your due dilligence and knowledge is appreciated. It is hard to obtain true results of scientific research re the mercury/autism link. Findings are misrepresented by government agencies and pharmaceutical companies. Would anyone expect them to admit such a disaster?
There are more and more scientist and physicians joining the fight; why? the true evidence in scientific studies.
My grandson has undergone chelation treatment (removal of toxic chemicals in the body with medications)for about 2 years. He has come from being non-verbal and unmanageable at 4 years old, to a child at 7 who can hold a conversation with anyone. He is in the 3rd grade, and completing 2nd and 3rd grade work. I do not remember when his last “meltdown” happened. His physician (who is a medical doctor, surgeon, and toxicologist) had my grandsons’ hair, blood, stool, and urine tested each six weeks for the amount of metals removed. The proof is in the results of the tests and, most of all, in the obvious miracle of an autistic, disabled boy blooming into a precious, bright, and subtle little boy. God Bless this physician who is making a difference in the lives of autistic patients. You have to see it to believe it. There is hope.
Well for the ones with such hash words and with no consideration for the children with autism.We as parent’s of autism children have been through hell and back with our children. It’s never about money when it comes to our children but in the world we live in today, if you hit them where it hurts then and only then will a change begin to happen. It never should have had to come to this for someone to say, oh we did something wrong. Too many children have had to suffer and still are.
So, Mr. Lawyer and anyone else that want to be an advicate for our child them you go for it. We as parents need all the help we can get…
Mom of an Autism son
Me view is based on my background with the knowledge of my brother being a Chiropractor, and understanding their are possible choices regarding vaccines. We choose not to have our son immunized because of delayed speech. At seven years old he had a grand mal seizure, my concerns were that if he had the vaccines that he would become autistic,however he had a grand mal seizure at the age of seven. He is doing fine now. I believe that parents should have the choice in making an informed decision regarding our child’s well being. Unfortunately our medical doctors are trained to follow their learning to believe that all vaccines are necessary. As I have attended the summer outing for Autism speaks and the beach event in Long Beach I am truly saddened to see the hardship that parents have endured by this. We must all make sure that more research goes into the harmful results of vaccines. And also give parents the choice to make informed decisions regarding these choices. My feeling is also that the harmful cause of pesticides in the environment can lead to the cause of autism and cancer and cause harm to our child’s well being.
Hi
Its nearly two years on and 3 specimen cases have been denied this year already by the USA courts of law.
That leaves more than 250 000 people who have suffered from an adverse vaccine reaction with no redress but just to carry on as best they can if they were lucky enough not to have died from the vaccines.
The 5 000 who had the money and knowledge to fight for justice, see just what kind of justice is there in 2009 USA when the special judges cite Alice in Wonderland to put down those harmed by organometal toxicity.
Byers for example in 1943 showed autism resulting from organometal harm.
Since then lots of obfuscation and search and destroy tactics by vaccine companies not to mention fraudulent “journals” have sought to deny what is established old book knowledge.
Organomercury does destroy our brain cells but don’t expect anyone to pick up the bill.
A law in Florida to end organomercury in our vaccines this year was rejected.
It seems the USA Government, the legal system of USA and the USA doctors are hell bent on injecting brain destroying toxins into the next generation of Americans at the rate of 2 million infants a year.
Quite what the point is, other than doubling the already 1 million USA dead infants over the past decades is hard to fathom out.
Anybody who doesn’t think there is a cause should subject their own kids or themselves to the needles and prove it otherwise. How do you know it causes or it doesn’t? Unless you subject yourself to the test, you should never loud mouth your ignorant opinion on others who thinks otherwise. Do you really that much of a herd to follow whatever the drug companies or the government telling you what to think, such a foolish thinkers are a dime and a dozen. Let the needle do the work on you!!!
i’ve learned so much from reading this! thank you to most of you for your input-it helped tremendously. my son started showing odd behaviors about a year ago when i let them double up on his shots. we go for a potential diagnosis in 2 weeks…then what???
we entered into a class action suit in march ‘01 & the lawyer got their payoffs & never appeared for any of us…i am completely convinced while our children (my daughter has BRAIN DAMAGE from this vaccine & the doctor knew what was done to my daughter & bailed from The Wm F. Ryan Community Health Ctr. in Manhattan NYC/Dr. Osgood that was on the board of directors) have to live to the best of our ability or in institutions, many even w/abnormalities…This is wicked & while i live & breathe, my faith remains that the parents of the many many many children that were injured from the MMR, will be compensated…We need to join forces & fight the manufacturing company/federal gov’t/all involved in this negligence…this world is all about $$$$$ & corruption & the worse is yet to come!