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”

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”

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”

Irrational anti-vaccine anger – we keep seeing this offensive behavior

anti-vaccine anger

Recently, I called the anti-vaccine mob a religion, because it shows many signs of being a religion from faith-based beliefs to a “clergy” that proselytizes about the evils of vaccines. And we can observe the same level of hatred pushed by some extremist religions in the irrational anti-vaccine anger, racism, and physical threats. It can be scary.

Many of us have observed this hatred in person, on social media, and in threatening emails. Dorit Rubinstein Reiss,  Professor of Law at the University of California Hastings College of the Law (San Francisco, CA), who writes frequently on this website about issues regarding vaccine public policy and laws, is a frequent target of vile personal attacks. Many of those attacks are overtly sexist, racist, and anti-Semitic. It is a disgusting display of anti-vaccine anger and hate speech. The anti-vaccine religion should be ashamed, but as far as I can tell, they have no shame.

If you paid any attention whatsoever to the efforts to pass California’s SB277 in 2015, which requires parents to vaccinate children before they can enroll in public or private schools (except for valid medical exemptions), you would know that the law was led by California State Senator, Dr. Richard Pan. During the process, and long after the bill was passed and signed into law, Senator Pan has been subject to physical threats and withering personal attacks, which included reprehensible and immoral racist-tinged attacks on his ethnic heritage. If anything shows off anti-vaccine anger and racism, this does. Continue reading “Irrational anti-vaccine anger – we keep seeing this offensive behavior”

Once more about Andrew Wakefield fraud extraordinaire

For the handful of you who don’t know him, MrAndrew Wakefield fraudulently alleged a connection between the MMR vaccine, for measles, mumps and rubella) and autism – this has had the effect of suppressing vaccination rates in many countries. His claims were published in a now retracted paper published in the Lancet, a mostly respected medical journal who seemed to have forgotten how to do proper peer review back in the late 1990’s. This is a quick review of the Andrew Wakefield fraud.

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 blog. She had posted an article that debunks the myth that Andrew Wakefield is probably innocent of all charges made against him by the UK’s General Medical Council (GMC). Basically, some of the antivaccination crowd believes that because Wakefield’s partner in the fraud, Professor John Walker-Smith, had his own decision by the GMC overturned, it is considered evidence that Andrew Wakefield was wronged when the GMC found Wakefield, too, guilty of serious ethical violations. But that would be an incorrect interpretation of the facts. Continue reading “Once more about Andrew Wakefield fraud extraordinaire”

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”

Del Bigtree vaccine safety complaints – HHS Vaccine Program responds

Del Bigtree Andrew Wakefield

On January 18, 2018, Dr. Melinda Wharton, Acting Director of the National Vaccine Program Office in the Department of Health and Human Services, sent Mr. Del Bigtree, an anti-vaccine activist, and producer of the anti-vaccine film Vaxxed, a response to questions he raised about vaccine safety. The response is a very informative description of the substantial efforts regarding vaccine safety, and can and should reassure parents that there is abundant data – and many monitoring mechanisms in place – to examine and address vaccine safety, and that the expert consensus that vaccines are very safe is well grounded.

This post will shortly describe the background to the letter from Dr. Wharton, then provide some of the highlights. I do, however, encourage people to read the full letter, available here (pdf), for themselves, to understand many vaccine safety issues. Continue reading “Del Bigtree vaccine safety complaints – HHS Vaccine Program responds”

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”

Andrew Wakefield discredited – a collection of his attacks on vaccines

Andrew Wakefield discredited

Between Dorit Rubinstein Reiss and I, we have written over 100 articles about that cunning fraud, Andrew Wakefield. Are you going to find anything positive about him in any of those +100 articles? No way. Is Andrew Wakefield discredited as a physician, scientist, and vaccine expert? You bet.

Why are we so obsessed with pointing out that he has been discredited? Because he has become, through media manipulation and many anti-vaccine acolytes and sycophants, the face of the “vaccines cause autism” meme. Note to the casual reader – there is absolutely no evidence that vaccines cause autism.

Is Andrew Wakefield discredited? Damn straight he is.

Mr. Wakefield is no doctor. He has been stricken off the list of physicians in the UK which is tantamount to having his license to practice medicine revoked. Because he is no longer a physician, he can no longer be found in the Royal College of Surgeons.

And let’s not forget that Wakefield’s article, that made him a hero to the anti-vaccine crowd, in the Lancet was disowned by his coauthors and eventually retracted by the journal. Interesting little bit of trivia – the very first article (other than a welcome-test article) I ever wrote on here was about Wakefield.

Just to make life easier for those of you researching Andrew Wakefield and his various frauds, I’ve organized many of my posts into categories, so that you can find the Andrew Wakefield article that meets your needs. Continue reading “Andrew Wakefield discredited – a collection of his attacks on vaccines”