Parents to seek autism ruling on vaccine

The American parents of a 12-year-old have asked a US court to find their child’s autism was caused by common childhood vaccines.

Michelle Cedillo's parents, Theresa and Michael, allege a preservative called thimerosal used in vaccines weakened their daughter’s immune system and prevented her body from clearing the measles virus after she was immunised for the disease aged 15 months.

The test case in Washington could pave the way for thousands of autistic children to receive compensation from a special US government fund set up to help people injured by the shots.

Autism is characterised by impaired social interaction. Those affected often have trouble communicating and they exhibit unusual or severely limited activities and interests.

The preservative thimerosal, about 50% mercury by weight, is no longer found in routine childhood vaccines but is used in some flu shots. Classic symptoms of mercury poisoning include anxiety, fatigue and abnormal irritation, as well as cognitive and motor dysfunction.

Wearing noise-cancelling headphones, Michelle was brought into the courtroom in a wheelchair at the start of the proceedings before the US Court of Federal Claims. She stayed only a short time.

Michelle suffers from a litany of health problems, including severe autism, inflammatory bowel disease, glaucoma and epilepsy.

“We hope to find out what happened and hopefully get the help she needs,” said Theresa Cedillo, who takes care of her daughter full time at home.

Special Master George Hastings thanked the family for allowing their case to be the first of nine test cases that will help guide the resolution of some of the nearly 5,000 similar claims lodged with the government.

“Clearly the story of Michelle’s life is a tragic one,” Hastings said in pledging to listen carefully to the evidence presented during the three-week hearing.

The burden of proof is easier than in a traditional court. Plaintiffs only have to prove that a link between autism and the shots is more likely than not, based on a preponderance of evidence.

Large scientific studies have found no association between autism and vaccines containing thimerosal.

But many parents say their children’s symptoms did not show up until after their children received the vaccines, required by many states for admission to school.

“These are families who followed the rules. These are families who brought children in for vaccines.

"These are families who immunised their children,” said the Cedillos’ attorney, Thomas Powers.

Powers said the science regarding a possible vaccine-autism link is in dispute.

Government lawyer Vincent Matanoski dismissed much of what the plaintiffs are expected to present as conjecture or speculation.

“You’ll find their hypotheses untested or, when tested, have been found false,” Matanoski said.

Since 1999, more than 4,800 families have filed claims with the government alleging their children developed autism as a result of routine vaccinations. Most contend a preservative called thimerosal is to blame for the impaired social interaction typical of the disorder.

The court is being asked to decide whether there is a link between autism and childhood vaccines.

If it finds one exists, the families could be eligible for compensation under the Vaccine Injury Compensation Fund, a programme established by Congress to ensure an adequate supply of vaccines by safeguarding manufacturers from lawsuits.

Under the programme, people injured by vaccines receive compensation through a special trust fund.

The latest case addresses the theory that the cause of autism is the measles, mumps and rubella vaccine in combination with other vaccines containing thimerosal.

In July 1999, the US government asked vaccine manufacturers to eliminate or reduce, as expeditiously as possible, the mercury content of their vaccines to avoid any possibility of infants who receive vaccines being exposed to more mercury than is recommended by federal guidelines.