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Who set up the "Vaccine Court" and why should we believe their findings about Autism?

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Fireweed247 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 12:03 PM
Original message
Who set up the "Vaccine Court" and why should we believe their findings about Autism?
Everyone has been discussing the recent findings by the vaccine court about immunizations having nothing to do with Autism (even though many parents have witnessed the results first hand immediately after shots)...but WHO is the vaccine court and when did it become a substitute for our regular court system?...


"Congress set up the special vaccine court in 1986 when pharmaceutical companies faced a liability crisis. Vaccines were being blamed for catastrophic injuries to children, and some vaccine manufacturers threatened to quit the business.

The court shields vaccine makers from damage claims, drawing money from a pool funded by a surcharge levied on every vaccine. Parents who believe their children have been harmed by vaccines can file petitions at this court and receive compensation from the pool.

About 5,000 families have filed claims involving autism, a spectrum of developmental disorders whose hallmarks are impaired social interaction and communication. The judicial officers appointed in this case, known as special masters..."
http://www.latimes.com/news/nationworld/nation/la-sci-vaccine13-2009feb13,0,3844915.story

So Congress, who is corrupt to their bones, set up this special court to protect the pharmaceutical companies and we are supposed to trust this?

Can the families take their case to the supreme court(like they aren't corrupt too) or they can only go to the vaccine court and be heard by the "special masters"?
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4 t 4 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 12:05 PM
Response to Original message
1. Because sanjay gupta says so n/t
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LeftishBrit Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 12:27 PM
Response to Reply #1
12. You think Sanjay Gupta is influential in every country where research has shown no link between
vaccines and autism?

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4 t 4 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 02:20 PM
Response to Reply #12
35. Not sure what you meant
but I was joking! Sanjay's a tool
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MannyGoldstein Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 12:05 PM
Response to Original message
2. No Reason - Other Than There's No Evidence That Vaccines Cause Autism
And plenty of evidence that vaccines do not cause autism.
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Johonny Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 12:10 PM
Response to Reply #2
4. dude the whole world is corrupt
Just because all the science evidence is against Autism linked to vaccines, it just means science is corrupt accept those few scientist that fake evidence to show that there is a link. It's those few honest scientists willing to corrupt evidence that are to be trusted. It's so clear.
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defendandprotect Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 02:55 PM
Response to Reply #2
39. There's no evidence only when it is ignored ---
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MannyGoldstein Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 03:04 PM
Response to Reply #39
44. OK, Then Show Us The Evidence
As long as it's been gathered and analyzed using the scientific method, I'd be very interested in seeing it.
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defendandprotect Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-14-09 01:40 AM
Response to Reply #44
62. The parents, the evidence of the children's bodies and prior studies are the evidence. . ..
Edited on Sat Feb-14-09 01:40 AM by defendandprotect
Additionally, wherever these vaccines have been introduced by US, autism rates

have risen - spiked.

Problems with vaccines in America are nothing new . . .

the original polio vaccine harmed two grandchildren of a prominent doctor --

one died, the other recovered.

We have also had soldiers harmed by vaccines.





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varkam Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-14-09 02:37 AM
Response to Reply #62
68. Speaking of ignoring...
Edited on Sat Feb-14-09 02:37 AM by varkam
Prior studies? Put up or shut up.

Please try not to include those studies with faked results.

Also, correlation is not causation. In addition, there is good reason to believe that the "epidemic" is overblown in that many cases can be accounted before by diagnostic shifts, better surveillance, and increased training and attention on the part of care-givers.

Oh wait - I fogot: you have me on ignore. Pesky little things, facts. Best to ignore them.
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Howardx Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 12:07 PM
Response to Original message
3. wasnt the question
not whether "vaccines" were causing autism but rather that the thimerosol used in vaccines was causing it? why the drug makers need to be shielded from liability is beyond me, make safe products and there wont be any liability.
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Fireweed247 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 12:13 PM
Response to Reply #3
5. yes
why is Congress worried about protecting them and not us?
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MannyGoldstein Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 12:14 PM
Response to Reply #3
8. There's No Evidence That Thimerosal In Vaccines Causes Autism
And plenty of evidence that it does not.

As to the special courts - I believe they were set up because:
1. We decided that vaccines were very, very important to public health. Lots of kids used to die or be grievously injured before we started vaccinating. Life expectancy in the US has gone up by 15+ years since we started widespread vaccinations.
2. Without the special court, potential liability would be so great as to stop vaccines from getting made.

Vaccines need to be approved by the FDA. In practice, this means that it's impossible to sue the vaccine makers anyway, unless you can show that they misled the FDA or did not manufacture according to FDA guidelines.
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Warpy Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 12:17 PM
Response to Reply #3
10. When it was pointed out that the MMR vaccine
(which is the one given about the time toddlers are showing definite signs of autism) never contained thimerosol in the US, the antivaxers shifted the blame to the vaccine, itself.
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Howardx Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 12:25 PM
Response to Reply #10
11. aahh
i guess im a little behind on this.
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defendandprotect Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 02:58 PM
Response to Reply #10
42. The vaccines are given in batteries -- many at one time ---
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Warpy Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 03:19 PM
Response to Reply #42
48. So?
That only looks alarming to medically ignorant people who don't know how they work.
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defendandprotect Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-14-09 01:35 AM
Response to Reply #48
61. Therefore, it is a moot point that ONE may not have had Thimerosal ...
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Warpy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-14-09 12:28 PM
Response to Reply #61
69. You're not making any sense, at all
Please educate yourself on when thimerosol was removed from mandatory vaccines and what has happened to the incidence of autism since it was removed.

Then educate yourself on just how dangerous those "usual childhood diseases" actually were.
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defendandprotect Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-14-09 02:39 PM
Response to Reply #69
75. Not to someone who is trying so hard not to understand . . .
however, I think you understand being on "ignore" -- right?
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defendandprotect Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 02:57 PM
Response to Reply #3
41. Thimerosal is a perservative --- which means money for them ....and . ..
giving vaccines in batteries -- a lot at one time -- also saves them money.

If you begin to question one drug . . . where might you end up???

Keep in mind our soldiers also had problems with vaccines -- and don't think

they've fared much better in this drug company/government alliance game.
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muriel_volestrangler Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 12:13 PM
Response to Original message
6. SO you don't trust doctors, you don't trust Congress, you don't trust the Supreme Court
I don't know who you would trust. :shrug:
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Fireweed247 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 12:30 PM
Response to Reply #6
13. I trust the parents who took their children for vaccines and saw immediate changes in behavior
Perhaps it doesn't happen to most people, but it happens to some, and I don't believe the coincidence theories. Parents aren't stupid and if you saw that happen to your child, what would you do?

No one knows what in the vaccine is causing it, but something is causing it. Vaccines aren't the only cause of Autism, but it does happen in certain children. How can we get to the bottom of these cases if the only concern of the vaccine court is to protect the manufacturers and not the American people?
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muriel_volestrangler Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 12:38 PM
Response to Reply #13
14. So the parents should award themselves the money?
Unfortunately, anyone can be stupid, including parents. Andrew Wakefield is defending himself by saying some of the parents who joined his study got it wrong about when their children's symptoms started, and he just went from what they told him, rather than checking their medical records. It turned out that several of them developed their symptoms either before, or significantly after, their MMR vaccinations.
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Fireweed247 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 12:43 PM
Response to Reply #14
16. no
but you really can't see the conflict of interest here? How are they supposed to get a fair trial?

This Andrew Wakefield guy was probably set up and paid for by the pharaceutical companies so he could take a dive and they would have someone to point the finger at hence dismissing the ideas. It happens all of the time.
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dbackjon Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 01:10 PM
Response to Reply #16
21. Paranoid, much?
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dbackjon Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 01:10 PM
Response to Reply #13
20. I don't trust them
False memory syndrome, cause by nutters who wear tinfoil to bed.


It should be a crime NOT to vaccinate your children.
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Fireweed247 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 01:20 PM
Response to Reply #20
26. Got Fascism?
"It should be a crime NOT to vaccinate your children."

Should it also be a crime to NOT always follow the directions of your doctor and government?
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Pavulon Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 02:55 PM
Response to Reply #26
40. Try Sudan or Nigeria, take you unvaccinated kid
see if they die from polio, MMR, or any other disease we have controlled. If you dont vaccinate your kid you are freeloading on those who do.
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Common Sense Party Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 03:05 PM
Response to Reply #20
45. Guess what? There's no law saying vaccinations for measles, mumps
and rubella MUST be given simultaneously in one megadose.

Parents would be wise to request (demand) that these shots be given SEPARATELY.
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Fireweed247 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 03:32 PM
Response to Reply #45
50. good point- this is done for the convenience of the doctor
not for the health of the children.
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Maru Kitteh Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-14-09 06:21 PM
Response to Reply #50
84. How silly. It's done for the convenience of the parent, and there is NO credible evidence that
bundled vaccines result in any increased risk whatsoever.

And the vaccines ARE for the health of the children. :banghead:
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Hanse Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-14-09 04:16 PM
Response to Reply #13
82. I wouldn't.
1. Because it's anecdotale.

2. Because it's not supported by scientific evidence.

3. Because they're after a quick buck.
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defendandprotect Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 03:00 PM
Response to Reply #6
43. When the drug companies are running the FDA and we can see harm . . .
why would we trust them?

Most of our government agencies have been corrupted by corporate money and
influence.

You trust the Supreme Court which put Bush in the White House?

You trust a Congress which is primarily made up of bought elected officials?

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Posteritatis Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-14-09 01:17 PM
Response to Reply #6
72. Teh Google, online woo, and anecdotes, of course! (nt)
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earth mom Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-14-09 03:07 PM
Response to Reply #6
78. The medical "industry" is a joke. Trust doctors that are bought & paid for by big pharma?
:wtf:

Trust the Congress who refused to impeach criminals * & Cheney who have violated the Constitution repeatedly and are responsible for the genocide of millions of Iraqis? :wtf:

Trust the Supreme Court who installed * & Cheney to office illegally and stole the presidency from Al Gore? :wtf:

You must be joking! :crazy:



Because if you trust any of these assholes, you are truly and completely naive and clueless.
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Warpy Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 12:13 PM
Response to Original message
7. Meanwhile, Andrew Wakefield was busted for faking the study
that tied vaccines to autism. Ooops.

It turned out he was hired by vaccine litigants and was also pushing his own vaccine to compete with the MMR vaccine.

For years, autism researchers have been chasing the red herring of autism tied to vaccines. Study after study has found absolutely no link.

It's time to bury the dead, folks, and concentrate on exactly what causes the congenital disease of autism instead of confusing coincidence with cause. It's time to figure out how to help the kids and adults who have been diagnosed as autistic.

See the antivaccination movement for what it is: a cult that doesn't respond to facts when its core belief is challenged.
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SidDithers Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 12:16 PM
Response to Reply #7
9. Damn, pesky facts...
always getting in the way of a good lawsuit.

:evilgrin:

Sid
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mr blur Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 07:18 PM
Response to Reply #9
55. Yeah, but facts are powerless against paranoia and wilful ignorance.
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Fireweed247 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 12:39 PM
Response to Original message
15. we have a long time DUer who experienced this with her child
Someone who is very concerned with her children, and I respect her opinion greatly....watched this happen to her own child. What would you say to her? She's crazy? Just a coincidence? Don't you all have any compassion or understanding for people who have witnessed this in their own lives? Why are people here so quick to dismiss fellow Americans but they adamantly defend the pharmaceutical companies? If there is something going on, the pharmaceutical companies will never admit it because they would owe billions of dollars to the victims. They will never look for a problem because they don't want to pay out. But what is the excuse of dismissive DUers?
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dbackjon Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 01:11 PM
Response to Reply #15
22. Coincedence
100% certain of that.
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Fireweed247 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 01:18 PM
Response to Reply #22
24. I just wonder if you would feel that way if it were your child.
n/t
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dbackjon Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 01:37 PM
Response to Reply #24
29. I would spend my time figuring out real cause
Maybe too much tinfoil causes autism.
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Fireweed247 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 01:50 PM
Response to Reply #29
31. no, but too much aluminum might cause alzheimers
How can anyone, with this government, with this FDA, with this obviously corrupt health 'care' system...trust anything these days?


I don't think that vaccines are causing all of the rising cases of autism, but something is going on. Have you been to a school lately? My son had three kids in his kindergarden class of 20 that had developmental disorder to the point of disrupting the class all of the time. It was impossible for the teacher to do anything, and that was with me trying to help as well.(and people like to blame the teachers for the declining school system)...

Back in my day, there was one or two developmentally challenged kids in the entire school...something is going on here, and as long as people keep living in denial or refusing to challenge the status quo, the numbers will continue to rise.
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dbackjon Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 04:00 PM
Response to Reply #31
52. There are the same number of Developmental Challenged kids
It is just now that anyone that is disruptive, instead of being disciplined, is given drugs, diagnosed with ADD and coddled.
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Common Sense Party Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 03:06 PM
Response to Reply #29
46. How would YOU, as a parent, find the cause of autism?
Just curious.
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Fireweed247 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-14-09 02:40 PM
Response to Reply #46
76. yes, good question
because if it did happen immediately after your child had vaccines, it would be really nuts not to look at the 'coincidence'.
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Posteritatis Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-14-09 01:18 PM
Response to Reply #15
73. Post hoc ergo propter hoc (nt)
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NutmegYankee Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-14-09 01:29 PM
Response to Reply #15
74. Holy Fallacy Batman!
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alarimer Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-14-09 03:50 PM
Response to Reply #15
81. The plural of ancedote is not data.
It is a coincidence, nothing more. More likely confirmation bias because they symptoms show up at roughly the same time as the vaccines are given. Correlation is not causation, etc., etc. I believe years and years of scientific research and real evidence over some emotional tale from anyone.

We are not defending pharmaceutical companies; we are defending SCIENCE. It doesn't fucking matter what your friend "feels". What matters is EVIDENCE. She is wrong. Simply wrong. And no emotional account constitutes proof of anything.
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FirstLight Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 12:50 PM
Response to Original message
17. Thank you for saying this!
...and unfortunately, it won't matter.
The drug companies make waaay too much money on vacs, so there will never be unbiased "science" coming from the govt or anyone with a stake in the game...
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semillama Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 02:27 PM
Response to Reply #17
36. Actually, vaccines are not a profit-maker for pharmaceutical companies
In fact, one of the big problems we are facing is that there are LESS companies making vaccines than there used to be, simply because it is not profitable to make vaccines - that's why there's sometimes a shortage of flu vaccines. This is actually pretty well known, and it's a national security issue - what happens if more companies halt production?
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walkaway Donating Member (725 posts) Send PM | Profile | Ignore Fri Feb-13-09 12:54 PM
Response to Original message
18. This blaming vaccines is useless for the afflicted and dangerous
and possibly disastrous for the rest of us. I understand why parents need to place blame but there isn't a shred of evidence (except anecdotal) to justify it. Anecdotal evidence is generally unreliable in the face of scientific evidence.

It would be a terrible tragedy if an epidemic started because parents had a "feeling" about what caused their children's illness. Many children could die because of this mythology.
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Fireweed247 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 01:16 PM
Response to Reply #18
23. Do you believe doctors always do what is best for the people or the pharmaceutical companies?
Edited on Fri Feb-13-09 01:17 PM by Fireweed247
I have discussed vaccines with my pediatrician and they don't seem to have a clue about them. They just do what they are told. They put kids on a vaccine schedule that is designed not for the health of the child, but for the convenience of the doctor.

My distrust began early on when due to a medical misreading, they demanded that I abort my first child because I had a miscarriage. I would not have a D&C and the doctor was irate. It turned out a few days later upon viewing an ultrasound of my son seeming to be waving at me, that the doctor would have killed my sweet little son who I cannot imagine my life without. And that was just the beginning. Have you ever looked into birthing procedures? Most of what they force women to do in the hospital, laying on their backs legs spread...is not the best method(gravity helps) but the doctors always to this for their own convenience. I could go on (and on) but I will just say just because the Doctors and pharmaceutical companies are arrogant, that doesn't make them correct.
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TZ Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 09:54 PM
Response to Reply #23
60. and because you are paranoid and scientifically illiterate
that makes you correct?
I sincerely doubt that your doctors "don't have a clue about vaccines". That bullshit. I think its you don't UNDERSTAND what your doctors are telling you.
Christ on a crutch. Yet another idiot with no critical thinking skills.
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Fireweed247 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-14-09 02:24 AM
Response to Reply #60
65. The pediatrician I talked to didn't even know about the IPV
They had never considered people asking for vaccines on a different schedule, that someone might actually question their program. I was given a prescription for liquid flouride when my kid was 3 months old! They do not research and think about things on their own. They do not even update their knowledge from whatever textbook they read to pass their tests. Every doctor I have dealt with is arrogant and completely disinterested in anything that questions their status quo. These people just do what they are told by the companies that take them to lunch and out golfing and then some. Perhaps they had too much flouride as a baby like certain DUers who lack critical thinking skills yet go about arrogantly attacking others. They count on people like you to trust them and do what you are told. Good job.
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dbackjon Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 01:08 PM
Response to Original message
19. Because the court ruled on common sense
Not the made up shit that vaccines cause autism.
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Freddie Stubbs Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 01:18 PM
Response to Original message
25. The problem is that parents want to find someone to blame for their kids being retarded,
autistic, hyperactive, ect. Sometimes there is no provable cause. Of course it cannot be bad genes, as the parents are intelligent and in good health. So it must be something externally which caused the problem.
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defendandprotect Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 01:22 PM
Response to Original message
27. Republicans have covered the drug company asses in every way possible ---
also working to limit any class action lawsuits -- and lawsuits against corporations

of almost any kind.

Remember that the corrupt government also is liable in much of this ---

This is another right wing propaganda effort of "up is down" -- believe us and

forget everything else you know.

Like marijuana, no matter how many times they are proved wrong, the Drug War goes on!

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Fireweed247 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 02:14 PM
Response to Reply #27
34. yep
Republicans...and Democrats unfortunately...
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defendandprotect Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 02:50 PM
Response to Reply #34
37. Well . . . with the coming of the DLC . . .
we have a much heavier burden of r-w DINOS . . .

and a lot of the public doesn't understand how co-opted

the Democratic Party is now. On the other hand, many weren't

voting because they do understand!

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HamdenRice Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 01:25 PM
Response to Original message
28. The "Vaccine Court" assumes that vaccines do indeed cause injuries; did not find "no link"
Edited on Fri Feb-13-09 01:26 PM by HamdenRice
This is the point that many seem to be missing -- especially those who automatically dismiss any link between vaccines and their side effects.

The creation of the court was based on the assumption that vaccines do indeed cause injuries. The assumption was, however, that the good that vaccines do outweighs the injuries that they cause to individuals. Congress felt that the cost of compensating those injured could prevent the development and marketing of vaccines, while the process of litigating was so uncertain that people injured by vaccines might not get compensation.

So the compromise was a system that is a lot like Workman's Compensation. The court operates on a "no-fault" basis. That means that victims of vaccine side effects do not have to prove "fault" (which usually means "negligence") on the part of the vaccine maker in order to "win" and get compensation. Also compensation is paid out of a fund that is financed by an insurance-like fee levied on every vaccine, not by the particular vaccine maker.

Because the court assumes that vaccines can cause injury despite the best efforts of vaccine makers, and because victims and their families don't have to prove wrongdoing in the form of negligence, many of the usual issues of a lawsuit are not litigated, and the case is for all intent and purposes decided not by a judge, but by a panel appointed by judges; the panel members are called "Special Masters," a legal term of art that is used when a judge appoints experts to decide only damages or remedies.

The victim, being excused from having to prove negligence, is required to prove causation. But again, it's not causation in the purely deductive scientific sense; it's legal causation and in the public health sense. It's more like a casual connection, the way you might prove that ground water pollution causes cancer.

For example, in a regular lawsuit, if you know that a community's ground water is contaminated with benzene, and you know that a particular child drank ground water all her life, and you know that the child developed intestinal cancer and died, you nevertheless could never prove in a purely deductive, scientific form of causation, that that particular tumor was caused by the child's drinking the benzene in the ground water; in other words, the victim could never prove that a particular molecule from the polluter's factor was leaked underground, went into the groundwater, was pumped up in a glass of water, drunk by the victim, and damaged a cancer gene. But as a society, we've decided that the child can collect against the polluter because of the likelihood of causation. So in some environmental cases, the child's family only has to prove that there was benzene in the water, that she drank it, that benzene causes cancer and that the child got cancer.

In the Vaccine Court, similarly, the victim similarly only has to show that there is a valid scientific theory about the relationship between vaccines and the injury, a logical explanation of how the vaccine caused the injury, and a chronological relationship between the vaccine and the injury.

The recent cases in which the Vaccine Court found that a vaccine did not cause autism in several cases does not mean that the Vaccine Court has decided that there is no relationship between vaccines and autism.

In the recently decided case, the Special Master rejected the specific scientific theory that the victims' families had presented -- the theory that thimerosal weakened the children's immune system, making them susceptible to viruses in the vaccine, which in turn caused autism. The Special Masters only rejected the thimerosal-immune-measles theory. It does not mean that the Court or the Special Master determined, for example, that there was no possible causal or undiscovered statistical link between vaccines and autism; it didn't decide that broader issue, because that broader issue wasn't what the case was about, nor was it the claim that the victims' families were making.

I realize that the legal concepts are somewhat opaque, but it is important to try to understand what happened. Because the system is difficult to understand, the press is incorrectly reporting that the case proves that there is no connection between vaccines and autism. And of course those who already have a fixed, unchangeable view that vaccines have no side effects have latched onto this decision and the press's misunderstanding of its significance.

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Fireweed247 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 01:42 PM
Response to Reply #28
30. Interesting..thanks for posting!


"the Special Master rejected the specific scientific theory that the victims' families had presented -- the theory that thimerosal weakened the children's immune system, making them susceptible to viruses in the vaccine, which in turn caused autism"

Corporate media strikes again!
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defendandprotect Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 02:54 PM
Response to Reply #28
38. I believe in England, drugs have to be proven to do no harm . . . ???
Meanwhile .. .

The creation of the court was based on the assumption that vaccines do indeed cause injuries. The assumption was, however, that the good that vaccines do outweighs the injuries that they cause to individuals. Congress felt that the cost of compensating those injured could prevent the development and marketing of vaccines, while the process of litigating was so uncertain that people injured by vaccines might not get compensation.

This is an inane premise. You can't make hundreds sick with a drug -- thousands --
and I'm not sure how many with autism now -- and say this can go on!

We don't know either what the second generation harms may be -- or third generation!

And, evidently 1 in 6 children now are showing developmental problems!

This is playing with fire.



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MannyGoldstein Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 03:08 PM
Response to Reply #38
47. All Drugs Can Do Harm
The harm must be weighed against the good. Let's say that I have a cancer that has a 90% chance of killing me. A drug is available that has a 10% chance of killing me, a 30% chance of doing nothing, and a 60% chance of saving my life. I would badly want that drug, because it's more likely to save me than to kill me. And the FDA (and any similar regulatory body) would let me have it.
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defendandprotect Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-14-09 01:46 AM
Response to Reply #47
63. Again, we have no idea what these vaccines are doing overall . . .
nor generationally ---

We have total corruption of government --- of the FDA --

We are "weighing" our decisions -- but based on the yardstick of a dollar bill, not human life.

And, re cancer, what if you understood that our "slash and burn" medicine -- chemo and

radiation were not of any value? And what if better information were being kept from you?

We have a right to risk our own lives based on our own decisions -- we do not have the right

to risk our children's lives and well-being based on decisions by drug companies and government

agencies that are largely corrupt.

Meanwhile, beyond autism, we have 1 in 6 children now with "developmental problems."

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muriel_volestrangler Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 03:21 PM
Response to Reply #28
49. It ruled out the MMR vaccine altogether too, with or without thimerosal involved
They asked whether a combination vaccine for measles, mumps and rubella, or MMR, plus a mercury-containing preservative called thimerosal, caused the children's symptoms.

"The evidence does not support the general proposition that thimerosal-containing vaccines can damage infants' immune systems," Hastings wrote, after reviewing tens of thousands of documents and hours of oral arguments.
...
"Considering all of the evidence, I found that the petitioners have failed to demonstrate that thimerosal-containing vaccines can contribute to causing immune dysfunction, or that the MMR vaccine can contribute to causing either autism or gastrointestinal dysfunction," the ruling from Hastings said.

"I further conclude that while Michelle Cedillo has tragically suffered from autism and other severe conditions, the petitioners have also failed to demonstrate that her vaccinations played any role at all in causing those problems."

http://uk.news.yahoo.com/22/20090212/twl-life-us-vaccines-autism-9020220.html
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HamdenRice Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 03:41 PM
Response to Reply #49
51. Your subject line is not quite right
It's a very complex opinion, and almost all the press reports are expanding on what the Special Master actually decided. The message part of your post is more accurate.

The plaintiffs proposed a very specific model of causation: that thimerosal weakened the immune system; that the weakened immune system allowed the measles virus to infect the child; and that the measles virus caused the autism.

It did not "rule out" the MMR vaccine altogether. The ruling's only broad conclusion is, as the body of your post points out, about thimerosal hurting the immune system.

The Special Master mentioned several times that he was only ruling on this particular case, although the case is a test case that is part of the "omnibus" vaccine litigation.

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muriel_volestrangler Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 04:29 PM
Response to Reply #51
53. "failed to demonstrate the MMR vaccine can contribute to causing autism"
"the petitioners have failed to demonstrate ... that the MMR vaccine can contribute to causing either autism or gastrointestinal dysfunction"

and that's as an alternative to thiomersal having an effect on the immune system. So, since, as you say, this isn't about the patient's own case, but the general evidence on what the vaccine might do, then this means the court was shown no evidence that the MMR vaccine causes autism.
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HamdenRice Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 06:43 PM
Response to Reply #53
54. You should read the entire opinion which is on line
This goes to "general causation" theories and how they court will use them in other cases.

The Special Master wrote: "Accordingly, in the following sections of this Decision, I will discuss the different parts of petitioners' theory. In Section V, I will explain that petitioners failed to demonstrate either that thimerosal-containing vaccines can harm infant immune systems in general or that Michelle's own thimerosal-containing vaccinations did harm her own immune system..." and goes on the explain in great detail how the holding is limited to this case.

I don't think you can read the entire opinion and conclude that the MMR vaccine was cleared on all possible "general causation" theories.
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muriel_volestrangler Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 07:39 PM
Response to Reply #54
57. Well, it says this:
ftp://autism.uscfc.uscourts.gov/autism/vaccine/Hastings-Cedillo.pdf

In section VI, I will explain why I have found that the testing for the presence of the measles virus in both Michelle and in other autistic children, on which the petitioners rely with respect to all of their causation claims, was unreliable. In section VII, I will explain that petitioners failed to demonstrate either that the MMR vaccine can contribute to the causation of autism in general, or that Michelle’s own MMR vaccination did contribute to her own autism. In section VIII, I will explain that petitioners failed to demonstrate either that the MMR vaccine can contribute to the causation of gastrointestinal dysfunction in general, or that Michelle’s own MMR vaccination did contribute to her own gastrointestinal problems. In section IX, I will explain that the evidence concerning the causation of regressive autism combined with gastrointestinal dysfunction in some individuals does not offer persuasive evidence that either or both conditions can be vaccine-caused. In section X, I will explain that petitioners have not demonstrated that Michelle’s MMR vaccination contributed to the causation of either her mental retardation or her seizure disorder.


and goes on to this:

As another example, I note that petitioners’ expert witness who testified that Michelle’s autism was caused by her MMR vaccination, Dr. Marcel Kinsbourne, explained that he was assuming the accuracy of the hotly-disputed laboratory test that purported to find vaccine-strain measles virus in Michelle’s intestinal tissue. Since I have found that test result to be unreliable (see pp. 77-78 below), the foundation for Dr. Kinsbourne’s opinion has disappeared, and, therefore, there is no necessity that I evaluate the soundness of Dr. Kinsbourne’s opinion in other respects. Nevertheless, I have chosen to include an evaluation of Dr. Kinsbourne’s analysis, for the purpose of providing guidance for the other pending autism cases.

In other words, I have attempted in this Decision to provide a full analysis of all of the petitioners’ major causation theories raised in this case, whether necessary for resolution of this case or not, in order to provide guidance for the remaining autism cases.


I can't see where he explains in great detail how the holding is limited to this case. He seems, to me, to be saying that when he considers the arguments for thiomersal or MMR vaccines in general, his conclusions are going to provide guidance for other cases; and there is no evidence for the MMR vaccine causing autism, either general or regressive. For instance, section VII:

10. Summary concerning general causation issue

For all the reasons stated above, I conclude that the petitioners have failed completely to demonstrate that it is “more probable than not” that the MMR vaccination can be a substantial factor in contributing to the causation of autism, in individuals suffering from regressive autism or any other type of autism. To the contrary, the evidence that I have reviewed makes it appear extremely unlikely that the MMR vaccine can contribute to the causation of autism.



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Fireweed247 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-14-09 01:16 PM
Response to Reply #28
71. and yet we this 'expert' we are supposed to believe is a liar!


Wiznitzer(an autism 'expert' at Rainbow Babies and Children's Hospital in Cleveland, Ohio) testified in two of these three lawsuits brought against the government's National Vaccine Injury Compensation Program.

"What the decision tells us is that these vaccinations are safe," he said. "The medical evidence tells us there is no association between vaccines and autism. This is one more piece that helps confirm that conclusion."
http://www.cnn.com/2009/HEALTH/02/12/court.autism.reactions/

This decision in no way tells us that vaccines are safe. Talk about scientifically illiterate!
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KamaAina Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 01:53 PM
Response to Original message
32. There is not and never will be a single "cause" of autism
I used to work in the field, at one of the top Ivy League research centers. One of the most respected doctors in the field told me that autism was "a behaviorally defined syndrome with multiple etiologies". Translated, that means that it isn't a "disease" like diabetes or cancer, but a specified set of behaviors, and that many different things can lead to it.

Thus, the search for a "cure" -- or a "cause" -- is futile. At most, vaccines MIGHT be responsible for SOME cases of ONE particular subtype of autism. Even then, thimerosal might not be (most likely isn't) the culprit; it could be, for instance, an adverse autoimmune reaction. Far too much energy -- and research $$$ -- is being expended on this one slight lead when there is still lots of basic research to be done. (Tip to any budding scientists out there: Join the field. You'll have excellent job security and may even be interviewed on teevee.)
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KamaAina Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 02:03 PM
Response to Original message
33. See HamdenRice's excellent analysis here
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depakid Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 07:22 PM
Response to Original message
56. Parts of the left are just as paranoid and scientifically illiterate
as the right wight wingers.

Never fails to impress.
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ProgressiveProfessor Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 08:28 PM
Response to Reply #56
58. Ding Ding Ding....we have a winner
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cureautismnow Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-13-09 09:00 PM
Response to Original message
59. The 3 Special Masters.
George L. Hastings

Born: Detroit, Michigan
July 24, 1953

Mr. Hastings was appointed Special Master in March 1989. He graduated from the University of Michigan, receiving a B.A. degree, magna cum laude, in 1974, and from the University of Michigan Law School, receiving a J.D. degree, cum laude, in 1977.

Mr. Hastings served as Assistant Chief, Claims Court Section, Tax Division, U.S. Department of Justice 1985-1989. Previously he served as Attorney, Appellate Section, Tax Division, U.S. Department of Justice, 1978-1985, and as news editor for Good Morning Michigan, 1975.

Mr. Hastings was the recipient of the Tax Division Outstanding Attorney Award, 1981 and 1984, and the Attorney General’s Special Commendation, 1983. He is a member of the bars of the State of Michigan, the United States Supreme Court, and numerous other Federal courts.

------------------------------------------------------------------------------------------------------------------------------
Patricia Campbell-Smith

Ms. Campbell-Smith was appointed as Special Master on December 8, 2005. She entered duty on December 19, 2005.

Ms. Campbell-Smith practiced from 1993 to 1996, and again from 1997 to 1998, with the law firm of Liskow & Lewis in New Orleans, Louisiana. Her areas of practice included environmental regulatory law, patent infringement litigation, and toxic tort litigation. Her pro bono work included representing children in adoption proceedings in the juvenile division of Civil District Court in New Orleans, Louisiana.

Ms. Campbell-Smith served as an extern to Judge John Minor Wisdom of the Fifth Circuit Court of Appeals in 1991. She clerked for Judge Martin L. C. Feldman of the United States District Court for the Eastern District of Louisiana from 1992 to 1993. She clerked for Judge Sarah S. Vance of the United States District Court of the Eastern District of Louisiana from 1996 to 1997, and she clerked for Judge Emily C. Hewitt of the United States Court of Federal Claims from 1998 to 2005.

Ms. Campbell-Smith graduated from Tulane Law School, with honors, in 1992. She received her undergraduate degree in electrical engineering from Duke University, with honors, in 1987. She is a member of the bar in the states of Louisiana and Maryland.

------------------------------------------------------------------------------------------------------------------------------

Denise K. Vowell

Denise Vowell is an honors graduate of Illinois State University (B.S. in Political Science and Philosophy in 1974) and the University of Texas School of Law (J.D. 1981), and a distinguished graduate of the Industrial College of the Armed Forces (M.S. in National Resource Strategy in 1998). She enlisted in the Army in 1973 while an undergraduate at Illinois State, and received a direct commission in the Women's Army Corps (WAC) in 1974. After serving as a Military Police officer, she was selected for the Army's funded legal education program. While an Army officer, she served as a tort litigation attorney, prosecutor, defense counsel, chief legal officer, and as both a trial and appellate judge. She retired from the Army as the Chief Trial Judge in January,2006.

Her publications include: The Fourth Amendment Warrant Requirement and Courts-Martial: Military Justice versus Military Readiness, 8 American Journal of Criminal Law 281 (Nov. 1980); To Determine an Appropriate Sentence: Sentencing in the Military Justice System,114 Military Law Review 87 (Fall 1986); Using Operations and Maintenance Funds in Contingency Operations, Military Review, Vol. LXXX, p. 38, (Mar-Apr. 2000). In addition, she authored numerous published and unpublished opinions as an Associate Judge, U.S. Army Court of Criminal Appeals. She was a frequent guest lecturer on trial advocacy, evidence, and procedure at the Army’s Judge Advocate General’s Legal Center and School.

She is a member of the National Association of Women Judges, and currently chairs the Military Courts committee. In her spare time, she advises a Senior Girl Scout troop and an all-girl Boy Scout Venturing Crew in the Bailey's Crossroads area of Northern Virginia where she resides. She is an avid backpacker and someday hopes to thru-hike the Appalachian Trail.

http://www.uscfc.uscourts.gov/special-masters-biographies



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Fireweed247 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-14-09 02:09 AM
Response to Reply #59
64. Nice to know our 'special masters' are experts...in completely unrelated fields!
What the hell? :wtf:
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Fireweed247 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-14-09 01:12 PM
Response to Reply #59
70. I think it's just hilarious that people keep calling anyone who questions these findings
'scientifically illiterate'..and then it turns our our special masters are an Attorney from the tax division, an electrical engineer who worked in adoption and a poly sci major who worked with the girl scouts :rofl: wow know we know our children are in safe hands!
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cureautismnow Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-14-09 05:49 PM
Response to Reply #70
83. Not only did one of the not-so special masters work with the girl scouts but,
she also directed "an all-girl Boy Scout Venturing Crew."

I'm surprised they couldn't find another federal hack who worked with an "all-boy Girl Scout Venturing Crew." :rofl:
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JCMach1 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-14-09 02:30 AM
Response to Original message
66. There are obviously many people who won't believe that there is no link
regardless of what the science says...

Parents, make your own decision... I am sticking with the science...
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earth mom Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-14-09 03:00 PM
Response to Reply #66
77. You wouldn't say that if you watched your child change overnight from a happy bubbly infant
Edited on Sat Feb-14-09 03:08 PM by earth mom
to an infant that is completely out of it and sick as can be.

Get a clue-it's not about "your" experience, but about what parents of autistic children have witnessed first hand. :puke:
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varkam Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-14-09 02:33 AM
Response to Original message
67. Wait a minute - so when the courts say that vaccines played a role with Polling's autism...
then they're all noble pursuers of the truth - but when they come down on the other side, they're all corrupt and incompetent.

Gotchya.

:crazy:
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the andromeda stain Donating Member (5 posts) Send PM | Profile | Ignore Sat Feb-14-09 03:19 PM
Response to Original message
79. It's like the wolves investigating the deaths in the hen house!
IMO, case dismissed. No vaccines for kids! I had chicken pox and now have lifelong immunity as a result! The world didn't end.
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Maru Kitteh Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-14-09 06:33 PM
Response to Reply #79
85. A) No, you do NOT have lifelong immunity, and B)
I dare you to try that shit with polio.

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alarimer Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-14-09 03:46 PM
Response to Original message
80. Because there is absolutely no evidence that vaccines cause autism.
This was the correct ruling and all such suits should be summarily thrown out of court.

Vaccines are safe and effective but the "pro-infectious disease types" (because that is what you anti-vaccine types are) will hang onto their pet theory until we are all dead. I hope their kids get measles. Maybe that is the only way they will learn- watch the suffering and possibly even death. Because measles outbreaks are the direct result of ignorant pieces of shit like the anti-vaccine NUTS. Their pet doctor (Wakefield) committed serious scientific fraud in order to show a link and he and his followers are now thoroughly discredited.

But, just like creationists (and you are just as ignorant and scientifically illiterate as they are), you believe only what you want and not the truth.

Fuck all anti-vaccine idiots. Fuck you all. I am through demonstrating how wrong you are with science and reason. All the evidence is against you. ALL OF IT! You clearly will not listen to reason but prefer your own ignorance-based worldview. So keep your disease-transmitting selves away from the rest of us.
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