Posted by: debstake | March 7, 2009

Vaccine Court: Will There Ever Be Any Justice?


scales-of-justice-and-us-flag-thumb850804 I never thought that I could be any more disappointed in my government as I have been for the past eight almost nine years. I mean what person in their right mind would put any hope into a government that will so blatantly disregard that level of trust that one must have in order for hope to flourish?

However, on Thursday the 12th the government sank to a new low in my mind. After waiting for justice; our kids were again deprived of anything. The reasoning behind one of the cases; the Cedillo petition can be found HERE. Special Master George Hastings was the ruling judge in this particular case. According to Special Masters Hastings and I quote: “Finally–and the key question in most cases under the Program–the petitioner must also establish a causal link between the vaccination and the injury.”

Now the majority of cases (my son’s included) for compensation came at the 3 year window. Basically the way the NVICP rules read is: a petitioner has three years from the DATE of injury. Not suspected injury but actual injury. Going back to December 1999 when our son received his first MMR and boosters on two other vaccines; it would be hard to prove injury at that time because we didn’t even know of the autism yet. And we wouldn’t know about the autism until August 2000. And it would be almost another full year before we suspected the vaccines as the cause.

Many headlines on the internet read: “vaccines not to blame for Autism”.  That assumption is all wrong. To begin with the court is not qualified to make these decisions as their medical background is probably lower than that of us; the autism parents.  A more accurate title for the articles would be “Vaccine Court Determines Not Enough Evidence For Causation of Vaccines Causing Autism”.

Conway, Homer and Chin-Caplan have represented Michelle Cedillo and have also been representing my son’s claim in vaccine court since we filed back in November 2001. Nobody at this point knows how the first three case decisions will affect the balance of the 5,000 other cases. Appeals have been filed for a least one of the cases if not all three. However, an attorney in Tennessee that represented a young man (11 I think) by the name of Bailey Banks. The story that broke the news was written by Robert F Kennedy Jr and David Kirby. The article can be found HERE.

Based on the article and numerous e-mails back and forth with the attorney that won the case I do believe we are going to be changing the attorney that represents JR. I believe he knows the formula to win these very touchy cases. The formula being don’t directly attack the vaccines themselves.

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Responses

  1. Well Ex, I blog about the current interests at the moment. Whether they be autism community interests or simply my interests. In other words I blog about what interests.

    DEB

  2. I noticed that this is not the first time you mention the topic. Why have you decided to touch it again?

  3. FANTASTIC!


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