On July 18, 2018, a Judge of the Court of Federal Claims overturned the NVICP SIDS vaccine decision that awarded compensation to Mr. and Mrs. Boatmon for the death of their baby, JB. The Court found that the Special Master’s decision was arbitrary and capricious because it ignored previous decisions and applied a too-low standard of proof to the case.Read More »NVICP SIDS vaccine decision overturned on appeal – the facts
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:
- 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.
- 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.
Brian Hooker holds a Ph.D. in chemical engineering and has a background that involves researching and teaching in related areas. He is also the father of a boy – now almost young man, at 16 and a half – with autism. Brian Hooker believes his son’s autism was caused by vaccines, and he has been vocal about it.
He is the one who initiated the most recent claims that the CDC conspired to hide a link between vaccines and autism because of calls he had with a CDC scientist (the so called CDC whistleblower)– claims shown, on examination of the data, to be incorrect. He has also, in recent years, published (problematic) research articles claiming a link between vaccines and autism. One of his articles has been retracted because of undeclared conflicts of interests and methodological flaws.
In 2002 Brian Hooker filed a claim with the National Vaccine Injury Compensation Program (NVICP), the special administrative program created in 1986 to compensate vaccine injuries. On 19 May 2016, the court rejected his claim in a detailed, comprehensive decision. The Special Master explained that “this is not a close case.”
This post explains the decision, explaining the legal framework and the application of it. In short, the claim was rejected because:
- The evidence suggested that SRH – the initials by which Hooker’s son was known – had symptoms of Autism Spectrum Disorder (ASD) from early on. In fact, these symptoms appeared long before receiving the vaccines alleged to cause his harm. Moreover, there was no evidence of regression or other severe reaction to the vaccines.
- The evidence does not support, and in fact, contradicts, Hooker’s contention that thimerosal-containing vaccines cause autism. This evidence consisted of scientific studies and expert reports. Hooker’s experts’ had questionable credibility and qualifications, and were, at least, far surpassed by the Respondent’s, the Secretary of Health and Human Services, experts.
- This decision follows the thorough and detailed Omnibus Autism Proceedings, along with many other decisions that found the same.