Vaccine-autism federal test case.
The first test case, Cedillo vs. Secretary of Health and Human Services, involves 12-year-old Michelle Cedillo, who developed symptoms seven days after receiving the measles, mumps, and rubella (MMR) vaccine. In addition to autistic symptoms, Michelle has inflammatory bowel disease, glaucoma, and epilepsy. She is confined to a wheelchair and uses a feeding tube. A ruling is expected in 2008.
People who do not receive compensation from VICP are permitted to file a regular lawsuit. Few do. They would have to convince a jury that the vaccine in question has a defective design or that it lacks necessary warnings about its use. Families of autistic children, however, have the power of large support groups, organized lawyers, and even federal senators and congressmen behind them. While a VICP ruling to include autism on its list of vaccine injury will not directly affect vaccine manufacturers, it could further erode public trust in vaccinations.
Bridges A. Children with autism get day in court. USA Today. June 11, 2007. Available at: www.usatoday.com/news/health/2007-06-11-3419893127_x.htm. Accessed January 18, 2008.
Mauro T. Test case linking vaccines and autism reaches federal court. Legal Times. June 5, 2007. Available at: www.law.com/jsp/law/LawArticleFriendly.jsp?id=1180947929140. Accessed January 3, 2008.
Sugarman SD. Cases in vaccine court--legal battles over vaccines and autism. N Engl J Med, September 27, 2007: 357(13): 1275-1277. Available at: www.NEJM.org. Accessed January 3, 2007.
briefed by Jule Klotter
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|Date:||Apr 1, 2008|
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