Major Court Rules That Parents of Children with Autism May Sue Vaccine Makers
This is a potentially explosive decision.
Until now, vaccine-makers were protected from civil suits under the federal National Childhood Vaccine Injury Compensation Act of 1986. That act, which exempted vaccine-makers from liability in the case of "unavoidable" vaccine injury, also created the no-fault Vaccine Court. Thousands of families with autistic children are now in the process of claiming vaccine damage through that court.
In this case, however, the court found that the alleged vaccine injury was NOT unavoidable, because "In their suit, the Ferraris [the family filing suit] claim that the drug's design, specifically the use of thimerosal as a preservative, was flawed and that its alleged side effects could have been avoided had another preservative been used."
Here's how the article describes the decision:
The Supreme Court of Georgia on Monday upheld a state appeals court ruling that could open the door to product liability claims against vaccine manufacturers by the parents of autistic children.Of course, the question of whether the Ferrari's MAY file suit is bound to be separate from the question of whether they will win. At this point in history, a link between thimerosal and autism has grown increasingly tenuous. While it is clear that thimerosal itself is a toxic substance, there is very little evidence to suggest that it is the direct cause of huge rise in autism diagnoses.Justice George H. Carley wrote for a unanimous court that a Fulton County suit against manufacturers filed by the parents of an autistic child may to go to trial. The justices rejected what Carley described as a "far-reaching interpretation" of a federal vaccine statute that defendant vaccine manufacturers argued gave them sweeping immunity from liability.
Carley suggested that the U.S. Supreme Court may be asked to consider the question.
Comments
Why is the focus always only on thimerosal? Included on this list of chemical concerns should also be formaldehyde, M.S.G., aluminum, Butylated hydroxytoluene or B.H.T. and many others. Don’t let the mainstream media and pharma spin doctors lull you into only focusing on the thimerosal. Remember these corporations would no doubt lose everything if a connection is made between the preservatives and the world wide vaccine programs.
Our great grandparents our grandparents and our parents were all infected with toxic preservatives through the inoculation programs.
I saw my 5yr old son’s live blood analysis taking place. I saw live candida yeast in his blood. I saw the heavy metals as well. Where do you think it came from? Leaky gut syndrome comes from the M.M.R jab.
We saw the change in our child right after the second round of vaccinations.
Freedom of the person requires not only, or not even especially, the absence of legal constraints but the presence of alternative thoughts. The most successful tyranny is not the one that uses force to assure uniformity, but the one that removes awareness of other possibilities. I have come to the conclusion that those who benefit from any societal mechanism rarely wish to understand that mechanism, especially if it appears to grant them power or authority and understanding it or any alternatives would restrict, diminish or destroy that power apparently granted. They live in a vapid world of learned assumptions. Most if not all of the researchers and their research are in the pocket of Big Pharma. They have lobbied their way into the core of our societies. I feel sorry for the caregivers who actually administer the jab and wonder how they are going to live with themselves after the truth comes out.
If we put up with this our children will be next.
It’s not the vaccines it’s the toxins therein.
A child on the spectrum is born every 20 minutes. What do they all have in common?
Wake up people.
You’ve been listening to Jenny McCarthy, haven’t you? What’s the problem with formaldehyde?
I read an article in which the parents stated they can prove thimerosal was the cause, which is interesting since no one yet has been able to specifically prove this medically and scientifically.
And to B Campaigne~ most of the contents of vaccines have been in them since beginning of their creation, so then that vaccine- autism link should had been noticed long ago. Some people also don’t agree with that ‘Big Pharma’ and going down the tubes if no one ever vaccinated their children. That world-wide vaacine program was created for a vert specific reason, and while those diseases are still a threat, many will continue to always vaccinate.
Still, it amazes me that there is always blame to that ‘Big Pharma’ when most states allows waivers. No one goes to jail if you do not choose to vaccinate your child/ children so part of that responsibility lies with the parents. It isn’t all Big Pharma.
Sandy, these parents have a pathological need to blame something other than the luck of the draw or their genes. No amount of reason or facts will change that. It is a sad situation.
With several different courts ruling differently, this is a good case to take to the Supreme Court. The law is written in such a way to have the federal law pre-empt state action.
Frankly, the way the “vaccine court” hands out moeny to lawyers, I have no idea why a lawyer would risk a single dollar in state court, when a “vaccine court” case is a sure thing.
My son is Autistic but I’d rather have him that way than dead from some disease that could have been prevented. Come on people
Our children are more likely to get autism now than dying from these diseases. These vaccinations are damaging this generation of children. I’d rather see my child get measles than have this lifelong disease where he can NEVER. And by the way, genes are not the only cause. There is no such thing as a genetic epidemic. Come on, 1 in 6 children are developmentally delayed. It is not solely our genes.
I am very confused not only by Lisa Jo but also by some of these comments. There is enough pain and suffering out there without all of this petty finger pointing. If anyone would take some of these messages seriously, a reason for Autism would never be found. At the least we should keep an open mind. Hey if some parent thinks their child got Autism from wheat flakes, then thats what THEY think. Of course it’s nuts and we shouldn’t spend time responding to their blog with all the nasty remarks. Now for the real point THE COURT SYSTEM in Georgia has given credence to the cause being Thermosal, not Mrs. Jones who we can take personal shots at. How it plays out is anybodies guess, but it WILL play out. Part of the issues will be in what time frame was Thermosal used?
This issue has nothing to do with Jenny McCarthy. First hand our whole family witnessed drastic changes in my son after this MMR/Rubella vaccine. I whole-heartedly agree with B Campaigne. There are plenty of other toxins along with thimerosal in vaccines, and to my knowledge the aluminum along with the mercury (thimerosal)is a big part of the problem. Seemingly harmless mineral oil has been found to cause auto-immunity in animals, and since many autistic children are also auto-immune, the mineral oil found in vaccines may also play a role in autism.
Do not forget that the blood-brain barrier in infants is still forming and that toxins have the capacity to enter directly into the brain of infants.
Go back in history. You will find that some of the earliest writings of autism occured during the Roman Empire due to water tainted with lead and heavy metals, of which both aluminum and mercury are. Autism is now thought to be a part of the fall of the Empire.
With approximately 1 out of 150 children having known cases of autism, isn’t it better to be safe than sorry?
It is with great compassion that I say, that I truly hope that the family wins the case. My son , who is Autistic, is the greatest blessing in my life. I know that God has given me the greatest gift of all! But on the other hand, it has also contributed to many trials and tribulations. I am a single mother who left a corporate management position to care for my child. We have made many transitions to ensure that he receive all the care and support that he needs. However, the government, social security, does not seem to think so. I work for a temporary employer. We have no benefits. Struggle weekly to pay the beyond past due bills. Being sued for past deliquent bills. Today, began looking into filing for bankrupcty. Again, I stress, that I would not take all the money in the world for my son. I do extremely support, praise, empethize, and hope that this family truly wins this case. I believe that the government knows the cause, but will not release because of the daily growing number of autistm diagnosis.
Cookie~ if there even is such writings of the Roman Empire and tainted water, you just described heavy metal poisoning, not autism. Both are neurological of course, but both are two very different things just the same as lead poisoning and fetal alcohol syndrome can look like autism, but it is not.
Let’s not forget too that the blood-brain barrier in infants are all pretty much the same. One vaccine then would do it and if that was the case, many more would have autism.
Children die from the Measles and I suppose those that live or die depends on genetics as well. Mainly children die due their little systems just being tinier than adults and cant breathe or clear their lungs as adults can. My child was a nose breather much longer than developmentally he should had been. Contracting such respiratory things like RSV was very difficult for him due to this. There’s really no mortality rate with autism, but there is for other things. And we don’t really know if there really is an ‘epidemic’ of autism nor do we know of those who were medically diagnosed, which had vaccines and which didn’t, who regressed and who never progressed to begin with.
The issue was the MMR vaccine and when that was debunked, then it was the Thimerosal was removed and the rates have never decreased. If there an epidemic, it was going on before the Thimerosal and is still continuing thereafter. Now, people pick at other parts of the vaccines. Pretty soon there wont be anything left but the saline.
Some states do not allow waivers. In New York the only exemption is for religious beliefs. Something is poisoning our children. All I can do as a parent is love my child and protect him. It will be interesting to see where this law suit goes.
I said ‘most’ states. Actually, New york has Medical and Religious. Mississippi was a state that had none of the 3 waivers, and now they have medical.
There are plenty of other toxins along with thimerosal in vaccines, and to my knowledge the aluminum along with the mercury (thimerosal)is a big part of the problem.
Cookie, everything is toxic to one degree or another. Pure oxygen scorches lungs. Too much salt stops a heart. Even distilled water has been shown to be dangerous, depending on quantity consumed.
The idea that “toxins” in vaccines are causing autism has no empirical support. Jenny McCarthy, she of the Google PhD, tell us vaccines contain anti-freeze and ether. That is a lie. Her science adviser, Dr. Jay Gordon, now admits the tiny amount of formaldehyde in vaccines is harmless. Add up all the formaldehyde in any five childhood vaccines - it’s less than 1/20th of the formaldehyde contained in one banana. And no, the method of deliver doesn’t matter.
Wow, people. I am appalled by all of this negativity and petty squabbling. I am pretty new to the autism community, as my son was recently diagnosed; and, I was expecting to find support and candid, intelligent discussion here. Right now, reading this, I can’t decide if I want to cry or thow up.
We can sit around and take shots at each other all day, all week, all year–nothing will be accomplished. (the theory of cognitive dissonance can explain why none of you is able to convince another to adopt your opinion.) The bottom line is that both main theories presented as the “cause” of Autism can be supported and both have some holes to be punched-in (some more than others.) We can all find facts to support our personal theories. The reason that information doesn’t prove anything is because it wasn’t gathered impartially. One may accept or reject a given piece of information based on the desire to prove the original hypothesis. Needless to say, that’s not good science. (Any hey, how many of us are actually scientists? Show of hands? That’s what I thought.) The truth is that comprehensive research is just too expensive to be undertaken by any non-partial entity.
My conclusion? We all need to step away from our burning desire to be right and step towards actually being right. There’s a lot that a caring, passionate community like this can do towards research and awareness of Autism. Maybe, we could start with isolating all of the clearly-different disorders that are so casually labeled as the same.
By the way, I have to ask if anyone has considered that the Autism “epidemic” has been caused by increased awareness. Statistics show greater diagnoses, which does not equate to greater instances–just to more known instances. (of course, that theory is not in direct opposition to any others.)
Thanks for reading.
deedles~ the topic of the increased rates due to awareness has been on this blog and many disagree with that as well. One can also research how each state comes up with their autism rates to know that this is a valid reason for the increase.
I don’t think anyone is attempting to change another’s opinion, people are just throwing opinions out there. Opinions give a well-rounded topic od discussion. And no need for a show of hands. No one has to be a scientist to make a good choice based on research and understand that research. Many facts are impartial and easily found and then you have those who read into that research such as autism partly caused the fall of the Roman Empire- which also had two major plagues thought to be smallpox or measles, people are going to post and give valid information.
Au contraire, deedles, much is being accomplished here. The greatest danger to the children is parental decision making driven by logical fallacies and magical thinking. You are drawing a false equivalency when you tell us both sides are victim to their own cognitive dissonance. One side understands and respects the scientific method. It is open minded and comfortable with uncertainty. The other side has already made up its mind, and is very good at ignoring or explaining away contradictory evidence. Thus the reliance on double-bank shot conspiracy theories, and baseless assertions about vaccines and epidemics. If the conversation doesn’t sound intelligent, it’s because you are only getting half the story.
The choices couldn’t be clearer.
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Thank You!
AutismNewsBeat - you must be a doctor, right? You do not allow other oppinions, right?
One of my daugters is vaccinated, one is not. I’ve faced a lot of lies in the hospital and a lot of hostility. I want to know the full picture - full list of side effects, statistics of vaccination effectiveness, damage that can be done by disease, damage that can be done by disease if you get it in adolescence, etc etc etc. So why do doctors hide this information and cannot provide it even on demand?
BTW, there is more that Jenny McCarthy out there