Vaccine court myths – instead, here are facts about the NVICP

vaccine court myths

The anti-vaccine world loves its myths, because, lacking any real scientific evidence supporting their outlandish claims, fairy tales are all they have. Not that I like picking and choosing the worst of the anti-vaccine urban legends, but the vaccine court myths are among the most egregious and ridiculous.

Although there are a lot of vaccine court myths, though this article will focus on just three:

  1. The vaccine court vs. civil courts.
  2. Vaccine manufacturers are immune to lawsuits.
  3. Billions of dollars have been paid out to “victims.”
  4. The vaccine court said that vaccines cause autism.

Let’s get to the article. Continue reading “Vaccine court myths – instead, here are facts about the NVICP”

Vaccine refusal by a healthcare worker – is it a disability?

vaccine refusal

On June 5, 2018, the US Third Circuit Court of Appeals overturned a District Court’s decision to dismiss a case filed by a nurse who alleged she was terminated for refusing a Tdap vaccine for medical reasons. The focus of the decision was not the vaccine refusal per se; the focus was what are the pleading standards in a claim alleging a failure to provide a reasonable accommodation of a disability. While the specific claim of the nurse’s vaccine refusal is unconvincing in many ways, I think the Third Circuit (“the court”) was right to allow her case to proceed at least a bit further. 

For the purpose of the discussion of any motion to dismiss, the assumption is that the plaintiff’s factual allegations about her vaccine refusal choices are true.  Therefore, what I am describing as “the facts” is the nurse’s version. Fact-finding may show that not all these allegations are provable.  Continue reading “Vaccine refusal by a healthcare worker – is it a disability?”

Dorit Rubinstein Reiss – an index of her vaccine articles on this website

Dorit Rubinstein Reiss

Dorit Rubinstein Reiss – Professor of Law at the University of California Hastings College of the Law (San Francisco, CA) – is a frequent contributor to this and many other blogs, providing in-depth, and intellectually stimulating, articles about vaccines (generally, but sometimes moving to other areas of medicine), social policy and the law. Her articles usually unwind the complexities of legal issues with vaccinations and legal policies, such as mandatory vaccination and exemptions, with facts and citations.

Professor Reiss writes extensively in law journals about the social and legal policies of vaccination–she really is a well-published expert in this area of vaccine policy, and doesn’t stand on the pulpit with a veneer of Argument from Authority, but is actually an authority. Additionally, Reiss is also member of the Parent Advisory Board of Voices for Vaccines, a parent-led organization that supports and advocates for on-time vaccination and the reduction of vaccine-preventable disease.

Many bloggers and commenters on vaccine issues will link to one or more of her articles here as a primary source to counter an anti-vaccine claim. The purpose of this post is to give you quick reference to find the right article to answer a question you might have.

Below is a list of articles that Dorit Rubinstein Reiss has written for this blog, organized into some arbitrary and somewhat broad categories for easy reference. This article will be updated as new articles from Professor Reiss are published here. We also may update and add categories as necessary.

Continue reading “Dorit Rubinstein Reiss – an index of her vaccine articles on this website”

NVICP Tarsell decision not proof of HPV vaccine-related mortality – just legal errors

NVICP Tarsell decision

On September 25, 2017, Special Master Christian Moran from the National Vaccine Injury Compensation Program (NVICP), acting under a Court of Federal Claims decision that changed the legal standard for compensation, awarded compensation to Ms. Emily Tarsell for the tragic death of her daughter, Christina Tarsell. The family had blamed the tragedy on Gardasil. the HPV vaccine. Let’s review the facts and legal issues of the NVICP Tarsell decision.

A reading of the decision shows that the Special Master himself had serious doubts that the HPV vaccine had actually caused the death (and could probably have more strongly stated his doubts); however, he felt bound by a flawed decision of the Court of Federal Claims and compensated because of that guidance. The claimant’s theory that was used to claim that the vaccine caused the young woman’s death is also extremely far-fetched. It should not have fulfilled the plausible theory requirement even under the watered-down version ordered by the Federal Claims judge. The timing (i.e., cause and effect) was likely wrong – the Special Master thought the disease symptoms started before the administration of the vaccine – but for procedural reasons, he did not dwell on that issue.

While anti-vaccine websites present the Special Master’s award as proof that the death was caused by the administration of the vaccine, that is a serious misreading of the NVICP Tarsell decision. Ms. Christina Tarsell’s death is extremely tragic. But there is no good basis to claim that the HPV vaccine caused it.

There are three legal errors in the decision of the Court of Federal Claims judge, a decision that was then legally binding on the Special Master it was returned to for reconsideration:

  1. Reversing the burden of proof in relation to the timing of the alleged harm;
  2. relaxing the standard under which a medical theory is evaluated; and
  3. applying a de novo standard instead of an arbitrary and capricious standard to the Special Master’s findings of facts (which I’ll explain).

Continue reading “NVICP Tarsell decision not proof of HPV vaccine-related mortality – just legal errors”

Merck whistleblowers – mumps vaccine lawsuit motions and updates

merck whistleblowers

In August 2010 Stephen A. Krahling and Joan A. Wlochowski (“the relators”), former Merck virologists and often called “Merck whistleblowers,” filed suit in the name of the United States – a so-called qui tam action, where the prosecution shares any fines or penalties with the two virologists  – against Merck.

They claimed that by faking effectiveness testing, Merck misled the United States government as to the effectiveness of the mumps component of its  MMRII vaccine (a vaccine which protects individuals against mumps, measles, and rubella). In 2012  a clinic and two MDs filed a class action against Merck claiming a violation of the Sherman Act – monopolistic, anti-competitive behavior resulting from the fraud – and violation of various state laws. (U.S. v. Merck and Chatom v. Merck). The suits were handled together. Continue reading “Merck whistleblowers – mumps vaccine lawsuit motions and updates”

Vaccine injury payouts – another trope that abuses NVICP statistics

vaccine injury

Another day, another anti-vaccine trope finds it way out of the grave to enter the zombie apocalypse of anti-vaccine misinformation and lies. Today’s zombie trope is the one that the NVICP (National Vaccine Injury Compensation Plan, see Note 1) payouts are so huge that they the “prove” that vaccines are dangerous and should be kept it away from children.

My friend Liz Ditz wrote about this trope and gave it a solid debunking a couple of years ago. She is much nicer than yours truly, the cranky feathery dinosaur. We’re going to give it the full Skeptical Raptor treatment which means a lot of science, some snark, and a dollop of mockery. More seriously, I wanted to update her numbers and make a few more, possibly sarcastic, points. Continue reading “Vaccine injury payouts – another trope that abuses NVICP statistics”

Healthcare worker flu vaccination – examining lawsuits about the vaccine

flu vaccination

On March 6, 2018, the Department of Justice filed a lawsuit in a federal district court against Ozaukee County, Wisconsin. The Department was suing on behalf of Barnell Williams, a certified nursing assistant in Lasata Care Center, a nursing home, who was claiming emotional distress from being forced to get a flu vaccination for work when getting one contradicted her religious beliefs.

This is not the first lawsuit brought under Title VII of the Civil Rights Act of 1964 on the issue of the flu vaccination for healthcare workers, the claims are not new, and the lawsuit seems well founded. I was not going to write about it because there really is nothing new there, but following several news articles on the topic (here and here), people had questions about it, so this is a short post addressing legal issues surrounding flu vaccination.

This article will list a few key points that are important considerations Continue reading “Healthcare worker flu vaccination – examining lawsuits about the vaccine”

NVICP Mini-Omnibus Autism decision – vaccines still do not cause autism

Mini-Omnibus Autism

On 7 February 2018, the National Vaccine Injury Compensation Program (NVICP) handed down a decision in a mini-omnibus autism proceeding asking whether petitioners established “by preponderant evidence, a medical theory connecting a vaccine and [the test case child]’s injury.”

The decision is important in two ways. First, it reminds us that NVICP has consistently and repeatedly rejected claims that vaccines cause autism. Second, it explains in detail why a theory (please see Note 1 at the end of the article) claiming human DNA fragments in vaccines cause autism – a claim whose main proponent is Dr. Theresa Deisher – is unconvincing and not supported by the evidence.

The detailed, thorough decision shows that the main study from Dr. Deisher to support the theory – a study attempting to draw a temporal connection between change points where vaccines containing such DNA were introduced and rise in rates of autism – is fundamentally flawed. It then also shows that the petitioners’ proposed mechanisms of causation – how the DNA fragments are supposed to cause autism – are untenable.

The Mini-Omnibus Autism decision is 94-pages, and this summary will just touch on the main points. I urge readers to wade into the full decision if they want to understand more.  Continue reading “NVICP Mini-Omnibus Autism decision – vaccines still do not cause autism”

Using NVICP cases to prove vaccine-autism link – anti-vaxxers get it wrong

vaccine-autism link

In general, the anti-vaccine religion lacks any scientific evidence supporting their beliefs about vaccine safety and effectiveness. So, they have to default to using memes and tropes based on anecdotes, fake science, or decisions made by the National Vaccine Injury Compensation Plan (NVICP). A recent paper, written by Dorit Rubinstein Reiss and Rachel Heap, reviewed how NVICP cases are being used and misused by anti-vaccine forces to prove an autism-vaccine link.

Mostly, the anti-vaccine zealots use NVICP cases to attempt to convince the world that there is actual “evidence” that vaccines cause autism spectrum disorders. Of course, we know that the vast body of scientific research tells us that there is no vaccine-autism link. Professor Reiss’ article examines key NVICP cases and shows how they are being used and misused by anti-vaccine forces.

This post is going to review some of the key points presented by Professor Reiss and Ms. Heap in their published article. Of course, their article is over 70 pages long (with extensive footnoting), so I’m just going to hit the key points. However, the full article (pdf) is an important and detailed discussion of the misuse and abuse of NVICP cases in an attempt to claim that there is a vaccine-autism link. Continue reading “Using NVICP cases to prove vaccine-autism link – anti-vaxxers get it wrong”

Anti-vaccine doctor Mark Geier not exonerated – license still suspended

Mark Geier

Autism quack and anti-vaccine Mark Geier, a former physician stripped of his medical license by the State of Maryland, won a lawsuit against the Maryland Board of Physicians that awarded the Geier family $2.5 million in damages. Of course, the anti-vaccine and anti-autism world will claim that Mark Geier is an innocent man, and this ruling “proves” that.

Except it doesn’t. Geier is still not a doctor, being defrocked like his fellow fraud in the anti-vaccine world, Mr. Andrew Wakefield. Geier won a lawsuit that had everything to do with some serious breaches of privacy by the Maryland Board of Physicians, who had a vendetta against Mark Geier (and his son David) for their horrendous treatment protocol to “cure” autistic children. In fact, while the Board stripped Mark Geier of his medical license, they also charged David Geier, who is not a physician of any kind, of practicing medicine without a license.

I cannot repeat this enough – Mark Geier still won’t be practicing medicine, because his medical license is still suspended. This has not changed. And David Geier is still guilty of practicing medicine without a license.

Because this story is so important, we’re going to talk about Mark Geier, what he did, and what this case really means.  Continue reading “Anti-vaccine doctor Mark Geier not exonerated – license still suspended”