Tag: vaccine court

A Shot at the Dark – DPT vs DTaP

Everyone knows that the DPT vaccine caused a lot of vaccine injuries, right?

“I got interested in the topic of vaccines way back in medical school. A friend of mine convinced me to read a book about vaccines, and it ended up being a very anti-vaccine book. It was all about an old vaccine called the DTP vaccine that we don’t use anymore. But the book talked a lot about the risks and the dangers of that vaccine. The author of that book was calling for that vaccine to no longer be used.

A number of years later, it turns out that they did discover that vaccine was causing a lot of very severe, life-threatening, even fatal side effects, so they did end up taking that vaccine off the market.

So it kind of opened my eyes to the fact that there are some very severe, fortunately very rare, side effects to vaccines, and I wanted to learn more about this issue. I started reading a lot more books.”

Bob Sears, MD on The Vaccine War

After all, it was after reports of those vaccine injuries, including seizures and encephalitis, that led to:

  • lawsuits and many pharmaceutical companies to stop making vaccines
  • the DPT: Vaccine Roulette special airing on TV
  • Barbara Loe Fisher, believing that her child was damaged by the DPT vaccine, forming the Dissatisfied Parents Together organization (she later changed the name to the National Vaccine Information Center), and writing the book DPT: A Shot in the Dark (this is the anti-vaccine book that Bob Sears is talking about above)
  • the National Vaccine Injury Compensation Act passing in 1986, creating the National Vaccine Injury Compensation Program and the Vaccine Court
  • the DTaP vaccine replacing the DTP vaccine

But were those reports true?

And did they ever really discover that the DPT “vaccine was causing a lot of very severe, life-threatening, even fatal side effects,” which led to them “taking that vaccine off the market” as Dr. Bob said?

A Shot at the Dark

It is easy to think that they were true, as we don’t use the DTP vaccine anymore.

But was it ever “taken off the market?”

“During the period of transition from use of whole-cell DTP to DTaP, whole-cell DTP is an acceptable alternative to DTaP for any of the five doses. For the first four doses, whole-cell DTP combined with Hib vaccine (DTP-Hib vaccine) is an acceptable alternative to DTaP and Hib vaccine administered at separate sites.”

ACIP on Pertussis Vaccination: Use of Acellular Pertussis Vaccines Among Infants and Young Children Recommendations of the Advisory Committee on Immunization Practices

No, it was replaced by a newer vaccine – DTaP.

And actually, it is still used in some parts of the world.

The whole-cell DTP vaccine did cause more side effects than the newer DTaP vaccine, but we are talking about relatively mild side effects, like local reactions, pain, and fever. And while that it is good, it comes at a cost, a less effective vaccine.

What about epilepsy and encephalitis?

After all of the scare about the DPT vaccine, studies quickly showed that it didn't cause all of the bad side effects that folks say it did.
After all of the scare about the DPT vaccine, studies quickly showed that it didn’t cause all of the bad side effects that folks say it did.

One clue that the DTP vaccine didn’t cause many of the problems that were blamed on it, is that the same vaccine lawsuits that were succeeding in driving vaccine manufacturers out of business in the United States, were failing in the UK.

“Where given effects, such as serious neurological disease or permanent brain damage, occur with or without pertussis vaccination, it is only possible to assess whether the vaccine is a cause, or more precisely a risk factor, when the background incidence of the disease is taken into account. The question therefore is, does the effect occur more often after pertussis vaccination than could be expected by chance?”

Justice Jeremy Stuart-Smith

There is also the fact that many children who were originally thought to have been vaccine injured after their DPT vaccine are now known to have Dravet syndrome.

Without a diagnosis, Cossolotto said, she would probably still believe — erroneously — that the DPT shot caused Michaela’s illness. “I understand this is a genetic condition,” she said. “Having an answer does make a difference.”

Medical mystery: Seizures strike baby after routine vaccine

And then there are the reports and studies that found:

  • no association with brain injury, epilepsy, SIDS, or infantile spasms
  • no increased risk for serious neurological illness in the week after getting vaccinated with DPT
  • no increased risk for encephalopathy in the 90 days after receiving DTP and MMR vaccines
  • no difference in severe reactions after DPT vs DTaP, including encephalopathy, seizures, and allergic reactions

So no, the DPT vaccine was never really as dangerous as folks said or thought it was, despite what you might read or hear in anti-vaccine books or news reports.

What to Know About the Safety of the DPT Vaccine

Misconceptions about the risks and safety of the DPT vaccine created the modern anti-vaccine movement and unfortunately, continues to influence many people.

More on the Safety of the DPT Vaccine

 

Can Parents Still Sue Vaccine Manufacturers?

Have you heard the myth that vaccine manufacturers have no liability and that you can no longer sue them

Of course, it isn’t true.

After all, isn’t there a class action lawsuit against Merck about the mumps vaccine?

Can Parents Still Sue Vaccine Manufacturers?

The Wisconsin Coalition for Informed Vaccination is pushing myths about the liability of vaccine manufacturers.
The Wisconsin Coalition for Informed Vaccination is pushing myths about the liability of vaccine manufacturers.

Vaccines are safe, but they are not without some risks, so what happens if a child does suffer a vaccine injury? Hopefully, even if it is a rare life-threatening condition, they can get treated and improve, avoiding that particular vaccine in the future.

They can also file a petition with the Vaccine Court and if the reaction is determined to be caused by a vaccine, they can be compensated.

So parents don’t usually sue vaccine manufacturers directly – they go through Vaccine Court.

But that isn’t there only option…

Parents can still sue vaccine manufacturers:

  • if the claim is not related to vaccine injury
  • in state court for vaccine injury, as long as the claim is not of design defect, and as long as they have already gone through Vaccine Court

So it certainly isn’t true that “under no circumstance may you sue a vaccine manufacturer.”

What’s the benefit of going through Vaccine Court, “a no-fault alternative to the traditional legal system for resolving vaccine injury petitions?”

For one thing, the majority of compensated claims in Vaccine Court are settled claims, in which “cannot be characterized as a decision by HHS or by the Court that the vaccine caused an injury.”

etitioners would not get to use the Althen standard if the National Childhood Vaccine Injury Act and NVICP were rescinded.
Petitioners would not get to use the Althen standard if the National Childhood Vaccine Injury Act and NVICP were rescinded.

It is likely that at least some of those claims wouldn’t win if they weren’t in Vaccine Court, where:

  • causation is presumed (you automatically win) if you are claiming a table injury
  • the rules for evidence are relaxed and expert testimony does not necessarily have to meet the  strict requirements of the Daubert standard
  • petitioners must meet a fairly lenient standard to win, the regular standard of proof for a civil trial (more likely than not), but only have to provide a plausible theory for vaccine injury. Instead of providing scientific evidence or proving causation, they simply have to provide a theory that “is ‘logical’ and legally probable, not medically or scientifically certain.”
  • you don’t have to show that the vaccine was defective to make your case

Another benefit of Vaccine Court? All lawyer fees are paid, whether you win or lose, and lawyers do not get part of the award if you win. In traditional court, lawyers might get up to thirty-three percent of your award.

What to Know About Vaccine Manufacturer Liability and Vaccine Court

Although they must usually go through Vaccine Court first, folks can still sue vaccine manufacturers in some cases.

More on Vaccine Manufacturer Liability and Vaccine Court

Has the Vaccine Court Compensated over 70 Families for Autism?

Has the Vaccine Court ever compensated the family of an autistic child?

Kind of.

Hannah Poling is autistic and her family was compensated by the Vaccine Court. But she wasn’t compensated for autism.

“Because she had an existing encephalopathy (presumably on the basis of a mitochondrial enzyme defect) and because worsening of an existing encephalopathy following measles-containing vaccine is a compensible injury, Hannah Poling was compensated.”

Why was Hannah Poling compensated?

Hannah Poling was compensated because she had a table injury.

Has the Vaccine Court Compensated over 70 Families for Autism?

Remember the Autism Omnibus Proceedings?

Those were the test cases that represented three different theories of how vaccines could possibly be associated with autism. None of them were upheld by the Vaccine Court and none of the families were compensated.

“The devil is in the details. You can call autism many different things and it looks very much differently to different folks. But at the end of the day, the Vaccine Court has awarded over 70 families that their children now have autism and these children developed encephalitis, which is brain inflammation, that turned into autism. 70 families. And your viewers can google Hannah Poling and Baxter Bailey. Those are two of the most popular cases. And the U.S. government said to them, your child received autism because of this. I mean, they were awarded. So, it’s in the books.”

Liza Longoria Greve on KOCO News 5

So how could anyone be saying that over 70 families of autistic children have been compensated by the Vaccine Court?

"Reaching out for the other side" of some arguments simply allows them to push myths and propaganda.
“Reaching out for the other side” of some arguments simply allows them to push myths and propaganda.

I guess folks can say whatever they want, especially when the media doesn’t understand the idea of false balance and gives them a platform, after all, that’s how you explain much of propaganda of the anti-vaccine movement.

How can they say that encephalitis turns into autism?

Again, folks can say whatever they want, but this is actually a little different from what they usually claim, that autism is encephalitis.

Of course, it isn’t.

70 Families? Google It

So what happens if you ‘google it‘ and actually research Liza Longoria Greve’s claim?

We already know about Hannah Poling… Again, she has a mitochondrial disorder and autism and she was compensated because it was thought that she had an adverse event to getting vaccinated because of her mitochondrial disorder.

And Baxter Bailey? You don’t find anything if you look for Baxter Bailey, but you will eventually find information about Bailey Banks, who was compensated for (acute disseminated encephalomyelitis) ADEM, which led to Pervasive Developmental Delay (PDD). He wasn’t compensated for autism though.

Baily Banks was not compensated for autism.
Baily Banks was not compensated for autism.

What about the other families she is talking about?

A little more googling and you find that she is likely talking about an article,  Unanswered Questions from the Vaccine Injury Compensation Program: A Review of Compensated Cases of Vaccine-Induced Brain Injury, that was published in the Pace Environmental Law Review in 2011 by Mary Holland, in which she reports finding “eighty-three cases of autism among those compensated for vaccine-induced brain damage.”

Instead of proof that vaccines cause autism though, Holland’s paper was little more than a “misleading recasting of VICP decisions.”

And vaccines are still not associated with autism.

What to Know About Vaccine Court and Autism

The vaccine court has never compensated anyone for so-called vaccine-induced autism.

More on Vaccine Court and Autism

What Are the Demands and Goals of the Anti-Vaccine Movement?

So what exactly do anti-vaccine folks want?

What are they trying to do?

Are they trying to scare parents away from getting vaccinating and protecting their kids, hoping to drag us back to the pre-vaccine era?

What Are the Demands and Goals of the Anti-Vaccine Movement?

Of course, some of the folks who are anti-vaccine don’t actually like to be called anti-vaccine. Instead, they prefer to say that they are pro-safe vaccines. So for them, it is rather obvious – they want safer vaccines without toxins.

Now, since vaccines are already safe and don’t contain any toxic ingredients, it would seem like their work is done already, right?

Another goal is having fewer vaccines on the immunization schedule. Jenny McCarthy often pushes the Turn Back the Clock immunization plan, wanting kids to only get vaccines that were on the 1983 immunization schedule, back when kids still died of meningitis, pneumonia, blood infections, severe dehydration, epiglottitis, and cancer from Hib, pneumococcal disease, rotavirus, hepatitis B, hepatitis A, chicken pox, HPV, and meningococcal disease, which are now vaccine preventable.

Other members of the anti-vaccine movement talk about vaccine choice. They want to be able to choose whether or not they should have to vaccinate their kids.

Again, done. No one is forcing parents to vaccinate their kids. We may not have a choice on whether or not your unvaccinated child gets sick and puts someone else at risk for getting a vaccine-preventable disease because they were too young to be vaccinated, had a medical exemption, or their vaccine didn’t work, but you can certainly make the choice to skip or delay any vaccines you want.

“I also warn them not to share their fears with their neighbors, because if too many people avoid the MMR, we’ll likely see the diseases increase significantly.”

Dr. Bob Sears in The Vaccine Book

What are other goals of the anti-vaccine movement?

Johns Hopkins Medicine, which includes the Johns Hopkins University School of Medicine and the The Johns Hopkins Hospital and Health System went out of their way to correct this anti-vaccine misinformation.
Johns Hopkins Medicine went out of their way to correct this anti-vaccine misinformation about shedding.

Have you heard about the anti-vaccine folks who want to quarantine all kids who have recently been vaccinated for at least six weeks? Why quarantine kids who have been vaccinated? They are worried about shedding

Would anyone go so far as wanting to ban vaccinations? Yup. So much for vaccine choice.

Some others want to rescind the 1986 National Childhood Vaccine Injury Act, which they think will help make it easier to sue vaccine manufacturers. That’s one of Andrew Wakefield‘s demands in his movie VAXXED. He and others never mention that if you are suing in civil court, then you must meet a higher burden of proof for vaccine injury than you do in Vaccine Court.

Remember when Robert F. Kennedy, Jr. thought he would be appointed to some special Trump commission on vaccines?

“We want safe vaccines, robust transparent science and an honest and independent regulatory agency focused narrowly on public health rather than industry profit.”

Robert F. Kennedy, Jr. on Mercury, Vaccines and the CDC’s Worst Nightmare

Kennedy’s vaccine commission never happened, but that hasn’t stopped him from pushing for an independent regulatory agency.

I’m not sure who would run or be a part of Kennedy’s independent regulatory agency though, as he believes that “Congress, the regulatory agencies, FDA and CDC, the IOM, the NIH, the AAP, the science journals, the university science departments and the press” have all been compromised by Pharma.

Kennedy also wants thimerosal out of vaccines, which, as most people know, is already out of all vaccines on the immunization schedule, including about 100 million doses of flu shots this past year. But like others, he seems to be moving on to aluminum as his new target.

What else?

Fortunately, it is easy to see why the demands and goals of the modern anti-vaccine movement are dangerous, unethical, and unnecessary, and like parents who decide to skip or delay vaccines, will simply put us all at risk for more outbreaks of vaccine-preventable disease.

What to Know About the Demands and Goals of the Anti-Vaccine Movement

Whatever their demands and goals of the anti-vaccine movement, the effect is that they are scaring parents away from vaccinating and protecting their kids from life-threatening vaccine-preventable diseases for no good reason.

More on the Demands and Goals of the Anti-Vaccine Movement