Autism-vaccine case win unlikely to set precedent

Government health officials have conceded that childhood vaccines worsened a rare, underlying disorder that ultimately led to autismlike symptoms in a Georgia girl, and that she should be paid from a federal vaccine-injury fund.

Medical and legal experts say the narrow wording and circumstances probably make the case an exception, not a precedent for thousands of other pending claims.

The government “has not conceded that vaccines cause autism,” said Linda Renzi, the lawyer representing federal officials, who have consistently maintained that childhood shots are safe.

ADVERTISEMENT
0 seconds of 0 secondsVolume 0%
Press shift question mark to access a list of keyboard shortcuts
00:00
00:00
00:00
 

However, parents and advocates for autistic children see the case as a victory that may help certain others. Although the science on this is very limited, the girl’s disorder may be more common in autistic children than in healthy ones.

“It’s a beginning,” said Kevin Conway, a Boston lawyer representing more than 1,200 families with vaccine injury claims. “Each case is going to have to be proved on its individual merits. But it shows to me that the government has conceded that it’s biologically plausible for a vaccine to cause these injuries. They’ve never done it before.”

A lawyer for the 9-year-old girl has scheduled a news conference in Atlanta today.

Nearly 5,000 families are seeking compensation for autism or other developmental disabilities they blame on vaccines and a mercury-based preservative, thimerosal. It once was commonly used to prevent bacterial contamination but since 2001 has been used only in certain flu shots. Some cases contend that the cumulative effect of many shots given at once may have caused injuries.

The cases are before a special “vaccine court” that doles out cash from a fund Congress set up to pay people injured by vaccines and to protect makers from damages as a way to help ensure an adequate vaccine supply. The burden of proof is lighter than in a traditional court, and is based on a preponderance of evidence. Since the fund started in 1988, it has paid roughly 950 claims but none for autism.

Studies repeatedly have discounted any link between thimerosal and autism, but legal challenges continue. The issue even cropped up in the presidential campaign, with Republican Sen. John McCain asserting that “there’s strong evidence” autism is connected to the preservative.

The girl has a disorder involving her mitochondria, the energy factories of cells. The disorder, which can be present at birth from an inherited gene or acquired later in life, impairs cells’ ability to use nutrients and often causes problems in brain functioning. It can lead to delays in walking and talking.

Federal officials say the law bars them from discussing the case or releasing documents without the family’s permission. However, the Associated Press obtained a copy of the concession by U.S. Department of Health and Human Services officials.

According to the document, five vaccines the girl received on one day in 2000 aggravated her mitochondrial condition, predisposing her to metabolic problems that manifested as worsening brain function “with features of autism spectrum disorder.” In the 1990s, the definition of autism was expanded to take in a group of milder, related conditions, which are known as autism spectrum disorders.

The document does not address whether it was the thimerosal or something else entirely in the vaccines that was at fault.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Everett Historic Theater owner Curtis Shriner inside the theater on Tuesday, May 13, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Historic Everett Theatre sale on horizon, future uncertain

With expected new ownership, events for July and August will be canceled. The schedule for the fall and beyond is unclear.

Contributed photo from Snohomish County Public Works
Snohomish County Public Works contractor crews have begun their summer 2016 paving work on 13 miles of roadway, primarily in the Monroe and Stanwood areas. This photo is an example of paving work from a previous summer. A new layer of asphalt is put down over the old.
Snohomish County plans to resurface about 76 miles of roads this summer

EVERETT – As part of its annual road maintenance and preservation program,… Continue reading

City of Everett Engineer Tom Hood, left, and City of Everett Engineer and Project Manager Dan Enrico, right, talks about the current Edgewater Bridge demolition on Friday, May 9, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
How do you get rid of a bridge? Everett engineers can explain.

Workers began dismantling the old Edgewater Bridge on May 2. The process could take one to two months, city engineers said.

Smoke from the Bolt Creek fire silhouettes a mountain ridge and trees just outside of Index on Sept. 12, 2022. (Olivia Vanni / The Herald)
County will host two wildfire-preparedness meetings in May

Meetings will allow community members to learn wildfire mitigation strategies and connect with a variety of local and state agencies.

Helion's 6th fusion prototype, Trenta, on display on Tuesday, July 9, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Helion celebrates smoother path to fusion energy site approval

Helion CEO applauds legislation signed by Gov. Bob Ferguson expected to streamline site selection process.

Vehicles travel along Mukilteo Speedway on Sunday, April 21, 2024, in Mukilteo, Washington. (Ryan Berry / The Herald)
Mukilteo cameras go live to curb speeding on Speedway

Starting Friday, an automated traffic camera system will cover four blocks of Mukilteo Speedway. A 30-day warning period is in place.

Carli Brockman lets her daughter Carli, 2, help push her ballot into the ballot drop box on the Snohomish County Campus on Tuesday, Nov. 5, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Here’s who filed for the primary election in Snohomish County

Positions with three or more candidates will go to voters Aug. 5 to determine final contenders for the Nov. 4 general election.

Madison Family Shelter Family Support Specialist Dan Blizard talks about one of the pallet homes on Monday, May 19, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Madison Family Shelter reopens after hiatus

The Pallet shelter village, formerly Faith Family Village, provides housing for up to eight families for 90 days.

Washington State Trooper Chris Gadd is transported inside prior to a memorial service in his honor Tuesday, March 12, 2024, at Angel of the Winds Arena in Everett, Washington. (Ryan Berry / The Herald)
Jury selection begins in Everett trial of driver accused in trooper’s death

Jurors questioned on bias, media exposure in the case involving fallen Washington State Patrol trooper Chris Gadd.

Everett
Five arrested in connection with Everett toddler’s 2024 overdose death

More than a year after 13-month-old died, Everett police make arrests in overdose case.

Marysville School Board President Connor Krebbs speaks during a school board meeting before voting on school closures in the district on Wednesday, Jan. 22, 2025 in Marysville, Washington. (Olivia Vanni / The Herald)
Marysville school board president to resign

Connor Krebbs served on the board for nearly four years. He is set to be hired as a staff member at the district.

Jacquelyn Jimenez Romero / Washington State Standard
Labor advocates filled up the governor’s conference room on Monday and watched Gov. Bob Ferguson sign Senate Bill 5041, which extends unemployment insurance to striking workers.
Washington will pay unemployment benefits to striking workers

Labor advocates scored a win on Monday after Gov. Bob Ferguson signed… Continue reading

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.