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”

National Vaccine Injury Compensation Program facts

national vaccine injury compensation program

In this post I explain how one goes about proving a case in the  National Vaccine Injury Compensation Program (NVICP), and how that differs from proving a case in the civil courts, focusing on what it means to have a no-fault program and proving causation. I will use a case that started with the tragic death of a young child after a vaccine to illustrate the complexity and operation of the program, and also to address the idea of federal preemption, and how it limits the ability of those claiming vaccine injuries to use state courts for their claims.

Continue reading “National Vaccine Injury Compensation Program facts”

Ginger Taylor writes a letter about vaccines – this will be interesting.

ginger taylor

Recently, Ms. Ginger Taylor, a leader in a number of anti-vaccine organizations and a proponent of the belief that vaccines cause autism,  wrote a letter aimed at people participating in vaccine discussions online. In a video, Ms. Taylor said  it’s an expression of her belief she has a duty to warn against vaccines – but the message is directed at “trolls”. She defines trolls as people who contradict her claims about vaccines. Naturally, she hopes to reach anyone willing to consider her points in order to scare them away from immunizing.   Continue reading “Ginger Taylor writes a letter about vaccines – this will be interesting.”

Debunking myths about vaccine testing and safety

vaccine testing

The goal of this article is to respond to a number of recurring myths raised by anti-vaccine activists regarding vaccine testing and safety – a common trope used against vaccines.

The bottom line is that vaccines are extensively and carefully tested for safety, and that vaccine safety is shown by many, many studies from a variety of sources, reinforcing each other and all pointing to the same result – serious problems from vaccines are possible, but extremely rare. And those small, rare risks are far outweighed by the benefits vaccines provide by protecting us against much larger risks.

Continue reading “Debunking myths about vaccine testing and safety”

Physicians for Informed Consent – another radical anti-vaccine group

Physician for Informed Consent

There are a bunch of anti-vaccine groups out there who invent legitimate sounding names in an attempt to appear to be rational, positive organizations. They’re mostly neither rational nor positive. A new one (at least for me) is a group called the “Physicians for Informed Consent,” whose “vision is to live in a society free of mandatory vaccination laws.”

Although there are individuals who are pro-vaccine but are opposed to mandatory vaccination, mostly on a politically libertarian point of view, almost all of these groups, especially in California, are specifically anti-vaccine. In fact, “informed consent” is one of those veiled code-words used by the anti-vaccine world, especially in the fight against SB277, California’s recently enacted law that removes personal belief exemptions to vaccinations for school age children.

This article is going to examine some of the issues around “informed consent,” then look at a recent statement from the radical anti-vaccine gourd, Physicians for Informed Consent. Continue reading “Physicians for Informed Consent – another radical anti-vaccine group”

Natural News is wrong about mandatory vaccinations – Part 1

natural news

For the typical American skeptic, there is nothing surprising by a headline that says that Natural News get it’s it all wrong. Most skeptics might wonder when they’ve ever gotten it right.

Just to be thorough, Natural News is a website that’s focused on anti-science delusions and pushing junk medicine, while marketing a whole boatload of nonsense remedies and “cures” for whatever makes the website money. It is owned by Mike Adams, self-styled “Health Ranger”, considered one of the biggest lunatics on the internet. Some consider him the #1 American Lunatic (and that takes some serious effort). Adams is so delusional, he insists that he’s just as science-oriented as Neil deGrasse Tyson. Only if it’s one of those alternative universes, I suppose.

Natural News has had a long history of vaccine denial, which always piques my interest, even if it’s to laugh hysterically. Occasionally, however, Natural News takes its anti-science beliefs to a whole new level, one that requires a double-pronged rebuttal and refutation. Continue reading “Natural News is wrong about mandatory vaccinations – Part 1”

Vaccine Court – causation and administrative discretion

vaccine court

A recent case provides insight into how the decisions of the Special Master in the National Vaccine Injury Compensation Program – also known as the Vaccine Court – are reviewed by the appeals system. There are two issues I hope readers can take from this story:

  1. There is an elaborate system for appealing NVICP decisions. Next time someone tries to claim there is no appeal, or that the petitioners are not given a hearing, remind them they’re very wrong.
  2. The legal standard used to assess the Special Master’s findings of facts – what it is and how it works. What we see is that both the judge in the US Court of Federal Claims and the Circuit Court gave the Special Master’s decision pretty close scrutiny. 

Continue reading “Vaccine Court – causation and administrative discretion”

Price v HHS – statute of limitations, tolling, vaccines and autism

Price v HHS

On Thursday May 9, 2014 the United States Court of Appeals for the Federal Circuit ruled that Christopher Wynn (pdf), in the case of Price v HHS (US Department of Health and Human Services), could not be compensated through the National Vaccine Injury Compensation Program (NVICP) – even if he proved a vaccine injury – because his mother, Chandra Price, waited too long to pursue his claim. The court ruled against Ms. Price and Christopher on jurisdictional grounds, but also decided that there was no reason to use equitable tolling, a legal doctrine that allows the court to set aside a technical objection for reasons of fairness. Continue reading “Price v HHS – statute of limitations, tolling, vaccines and autism”

Shoulder injury related to vaccine administration and NVICP

Shoulder injury related to vaccine administration

In 1986, the United States Congress passed the National Childhood Vaccine Injury Act, which among other things created the  National Vaccine Injury Compensation Program (NVICP). The act’s main goal was to protect vaccine manufacturers from vaccine injury claims and liability–but not for the reasons you might think. We are going to take a look at how shoulder injury related to vaccine administration (SIRVA) relates to NVICP claims

Congress was rightly concerned that the costs for these legal actions was going to drive most, if not all, manufacturers from the USA market. That would have been  a horrific problem for the country, with no ability to protect children from deadly and dangerous diseases.

The NVICP provides a no-fault program to resolve vaccine injury claims – “quickly, easily, with certainty and generosity.” The program was (and continues to be) funded by a tax on all vaccines sold in the country. Moreover, using a system of expert administrative “judges” (called Special Masters), a petitioner seeking to establish causation-in-fact must show, by a preponderance of the evidence, that but for the vaccination they would not have been injured, and that the vaccination was a substantial factor in bringing about their injury.

Continue reading “Shoulder injury related to vaccine administration and NVICP”