Induced Autism: The Legal and Ethical Implications of Inoculating Vaccine Manufacturers from Liability

Resumen

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Introduction. I. Autism. A. Background. B. Prevalence. C. Research Funding. II. Compulsory Vaccination. III. Mercury. A. Background. B. Federal Concern Regarding Mercury Exposure. C. Federal Safe Reference Dose of Mercury. D. Mercury Poisoning. IV. Mercury in Vaccines. A. Background. B. Amount of Mercury in Childhood Vaccines. C. Time of Administration. D. Studies Linking Autism to Vaccine Administration. V. National Vaccine Injury Compensation Program. A. Background. B. Implementation of the VICP. C. Qualified Claimants Under the VICP. D. Awards Under the VICP. E. Unique Problems of Autism Claims. 1. Thimerosal: Adulterant or Contaminant?. 2. Design Flaw and Failure to Warn. 3. Unconstitutional as Applied. 4. Medical Monitoring. 5. Qualified Litigants. VI. Federal Action Regarding Mercury in Vaccines. A. Background. B. Congressional Inconsistency. VII. Recommendations. A. Amend Vaccine Injury Table. B. Extend the Statute of Limitations. C. Establish a National Monitoring Program. D. Remove Thimerosal from All U.S. Produced Vaccines. Conclusion.

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Extracto

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Induced Autism: The Legal and Ethical Implications of Inoculating Vaccine Manufacturers from Liability

"As to diseases, make a habit of two things- to help, or at least to do no harm."1

Introduction

Matthew's birth represented the single most important moment in his young parents' lives. He was a beautiful, perfectly formed, eight-pound, ten-ounce boy with black hair and slate blue eyes. During his first few months, he was playful and affectionate. He learned to sit up, walk, utter simple words, and count. A glimpse of his toothless smile and rosy cheeks warmed the hearts of everyone involved in his care. By eighteen months, Matthew's medical evaluations indicated that he met every important developmental milestone and exhibited signs of normal development. Nobody noticed that the little angel was quickly slipping into the darkness of his own deteriorating ability to communicate his simplest needs or desires.

Matthew became fascinated with lining up blocks and cars, spinning the wheels of his mother's vacuum cleaner, and turning light switches on and off. Once he began an activity, he would repeat the process over and over again with such persistence and concentration that he often failed to respond when his parents called for him. When forced to stop an activity, Matthew threw tantrums-kicking and biting anyone within reach. Increasingly, Matthew's parents found him sitting in the same spot for hours, staring motionless at something in the distance that only he could see. Over time, Matthew became more withdrawn and eventually stopped responding to his parents, no longer willing to look into their eyes or otherwise acknowledge their presence. Heartbroken and scared, Matthew's parents sought treatment for their son's unexplained behaviors. They soon learned that treatment was expensive and intervention programs were hard to find. Matthew's parents used the equity obtained from the sale of their large home to fund his care. Eventually, Matthew's father resigned from his job so he could provide Matthew with constant supervision.

Attempts to work on Matthew's motor skills had limited success and frequently resulted in tear-filled responses similar to panic attacks. Despite nearly three years of intervention, Matthew remained incapable of communicating at an age-appropriate level. He often screamed in pain and frustration, throwing objects around the room in an emotional tirade. When overwhelmed by noise and confusion, he often bit himself or picked at his nails until they bled. Matthew's behavior improved in the carefully structured environment of his school for special needs children, but once he was home, amid the unpredictable and noisy hubbub of a large family, he acted out of control.

Now six, Matthew shows no sign of improvement and may actually be regressing. His parents desperately cling to the hope that Matthew will one day return from the world only he fully comprehends. Yet, they are emotionally and financially exhausted from their long journey in search of their son. Moreover, they are worried that they have neglected the needs of their other children and of each other. Forlorn, Matthew's parents now face the most difficult decision of their lives-whether to place Matthew in a residential program where he can receive the constant supervision and care he requires.

Welcome to the world of an autistic child, and to the heartache and sacrifice experienced by those who love him.2

For many parents of autistic children, the pain and heartbreak experienced in learning that their child is afflicted with an incurable disorder would likely be eclipsed only by the horror of knowing that it may have been prevented. A growing body of evidence suggests that many children may have developed autism from exposure to toxic concentrations of mercury contained in vaccines routinely administered as part of the government's mandatory vaccination program.3 More disturbing, perhaps, is the fact that mercury is an unnecessary component that does not contribute to the efficacy of a vaccine; it is added only as a means to prolong a vaccine's shelf life and to maximize profit for vaccine manufacturers4

This Article considers the link between compulsory childhood vaccination and the prevalence of autism in the United States, and comments on the current legal and regulatory framework that shields vaccine manufacturers from liability for vaccine-induced injuries. Part I provides an overview of the etiology of autism and its dramatic increase in the United States. Part II considers the history of compulsory vaccination and its benefits to society. Part III provides an overview of mercury and its known harm to humans, and includes a summary of the actions taken by the federal government to limit human exposure to mercury. Part IV discusses mercury and vaccines and considers the link between mercury in vaccines and the development of childhood autism. Part V provides an overview of the National Vaccine Injury Compensation Program and the...

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