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Judge: Petitioners Failed To Demonstrate Causation Of Measles Vaccine To Autismemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
WASHINGTON, D.C. - Ruling that the "cornerstone" issue of whether Theresa Cedillo had persistent measles vaccine in her body was undermined by an unreliable laboratory, a U.S. Court of Claims judge on Aug. 6 affirmed a Vaccine Court special master's conclusion that the measles-mumps-rubella (MMR) vaccine did not cause the girl's autism (Theresa Cedillo, et al. v. Secretary, No. 98-916V, Fed. Clms.; 2009 U.S. Claims LEXIS 270; See July 2009, Page 4). Full story on lexis.com
Source: LexisNexis® Mealey's™ Thimerosal & Vaccines Legal News - August 21, 2009 Category: Allergy & Immunology Source Type: info

Judge: Special Master Correctly Found Petition Had 'Two Cardinal Flaws'email this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
WASHINGTON, D.C. - Saying the special master hearing the case had identified "two cardinal flaws" in the petitioners claims that the measles-mumps-rubella (MMR) vaccine caused their child's autism, a federal judge on July 24 affirmed the special master's denial of Vaccine Act benefits while acknowledging that the government's greater access to some of the evidence was "troubling" (Rolf and Angela Hazlehurst v. Secretary, No. 03-654V, Fed. Clms.; 2009 U.S. Claims LEXIS 252 Full story on lexis.com
Source: LexisNexis® Mealey's™ Thimerosal & Vaccines Legal News - August 21, 2009 Category: Allergy & Immunology Source Type: info

Judge: Master's Denial Of Benefits To Autistic Child Entailed No Significant Erroremail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
WASHINGTON, D.C. - Saying special masters' factual findings are "virtually unreviewable" and their conduct of proceedings are accorded great deference, a federal judge on Aug. 11 affirmed the denial of Vaccine Act compensation to a boy who claimed that the measles-mumps-rubella (MMR) vaccine caused his autism (Colten Snyder, et al. v. Secretary, No. 01-162V; Fed. Clms.; 2009 U.S. Claims LEXIS 280; See February 2009, Page 4). Full story on lexis.com
Source: LexisNexis® Mealey's™ Thimerosal & Vaccines Legal News - August 21, 2009 Category: Allergy & Immunology Source Type: info

Denial Of Benefits Reversed; Judge Says Special Master Ignored Child's Pediatricianemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
WASHINGTON, D.C. - A Vaccine Court special master erred in dismissing the testimony of a treating pediatrician and relying solely on medical records to dismiss a petition alleging injury from the diphtheria-tetanus-acellular pertussis (DTaP) vaccine, a judge in the U.S. Court of Claims ruled July 30 (John Doe 21 v. Secretary, No. 02-411V, Fed. Clms.; 2009 U.S. Claims LEXIS 263; See November 2008, Page 6). Full story on lexis.com
Source: LexisNexis® Mealey's™ Thimerosal & Vaccines Legal News - August 21, 2009 Category: Allergy & Immunology Source Type: info

13-Day Time Lapse Between Shot And Injury Is Fatal To Vaccine Claimsemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
WASHINGTON, D.C. - An earlier ruling that the onset of a child's seizure disorder took place at least 13 days after the diphtheria-tetanus-acellular pertussis (DTaP) and haemophilus influenzae type b (HIB) vaccinations on which her parents sought to fix causation proved fatal to the claims, a Vaccine Court special master ruled in a decision released Aug. 5 (John Doe/05 v. Secretary, No. [redacted], Fed. Clms., Off. Spec. Masters; See September 2007, Page 13). Full story on lexis.com
Source: LexisNexis® Mealey's™ Thimerosal & Vaccines Legal News - August 21, 2009 Category: Allergy & Immunology Source Type: info

Special Master Rules For Program Benefits After Reactions To 2 Vaccinationsemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
WASHINGTON, D.C. - Saying neurological problems within an appropriate time frame after a second and third hepatitis B vaccination qualified as "challenge-rechallenge" proof of causation, a Vaccine Court special master on July 13 found a petitioner eligible for Vaccine Act compensation for multiple sclerosis (MS) (Jacinda S. Fisher v. Secretary, No. V, Fed. Clms., Off. Spec. Masters). Full story on lexis.com
Source: LexisNexis® Mealey's™ Thimerosal & Vaccines Legal News - August 21, 2009 Category: Allergy & Immunology Source Type: info

$5,000 Award Over Hepatitis B And Reyes Syndrome Is Affirmed By Court Of Claimsemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
WASHINGTON, D.C. - The U.S. Court of Federal Claims has affirmed a special master's award of $5,000 in compensation and $841.50 in costs based on a 10-year-old claim that the hepatitis B vaccination brought on Reye's syndrome, despite its earlier order to allow the petitioner to submit new information that might enlarge the damages period and thus increase the award (Jane Doe 34 v. Secretary, No. [redacted], Fed. Clms.; See August 2007, Page 9). Full story on lexis.com
Source: LexisNexis® Mealey's™ Thimerosal & Vaccines Legal News - August 21, 2009 Category: Allergy & Immunology Source Type: info

Petitioner's Physicians Didn't Blame Vaccine, Special Master Saysemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
WASHINGTON, D.C. - Saying that a petitioner's treating physicians did not clearly say the influenza vaccine caused her rheumatoid arthritis, a Vaccine Court special master on July 7 denied program compensation (Frances Campbell v. Secretary, No. 07-465V, Fed. Clms., Off. Spec. Masters). Full story on lexis.com
Source: LexisNexis® Mealey's™ Thimerosal & Vaccines Legal News - August 21, 2009 Category: Allergy & Immunology Source Type: info

Government Agrees To $200,000 Death Benefit In Influenza Vaccine Petitionemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
WASHINGTON, D.C. - While denying that a decedent's influenza vaccination caused Guillain-Barr? syndrome (GBS) and subsequent death, the government on July 22 agreed to pay a $200,000 benefit to the man's estate (Myron B. Goldstin v. Secretary, No. 08-739V, Fed. Clms., Off. Spec. Masters). Full story on lexis.com
Source: LexisNexis® Mealey's™ Thimerosal & Vaccines Legal News - August 21, 2009 Category: Allergy & Immunology Source Type: info

Government Settles Petition Claiming Vaccine Caused Fibromyalgiaemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
WASHINGTON, D.C. - While denying that the hepatitis B vaccine caused a petitioner's fibromyalgia, the government on July 9 agreed to settle a decade-old case by paying the woman $226,000 in vaccine program compensation (Betty Fluck v. Secretary, No. 99-321V, Fed. Clms., Off. Spec. Masters). Full story on lexis.com
Source: LexisNexis® Mealey's™ Thimerosal & Vaccines Legal News - August 21, 2009 Category: Allergy & Immunology Source Type: info

Approval Of Settlement, Class Action In Denial Of Autism Benefits Case Soughtemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
DETROIT - A Michigan father suing his health insurer for allegedly wrongfully denying coverage for a proven treatment for autism and the insurer on July 23 in a Michigan federal court jointly moved for an order preliminarily approving settlement of the claims (Chris Johns, on behalf of himself and all others similarly situated v. Blue Cross Blue Shield of Michigan, No. 08-12272, E.D. Mich.). Full story on lexis.com
Source: LexisNexis® Mealey's™ Thimerosal & Vaccines Legal News - August 21, 2009 Category: Allergy & Immunology Source Type: info

Autism Petitioner Says MMR Vaccine Is Known To Cause Neurological Injuriesemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
WASHINGTON, D.C. - A petitioner claiming that the measles-mumps-rubella (MMR) vaccine caused autism and gastrointestinal injuries says the special master who denied compensation applied a higher standard of proof than called for in the Vaccine Act and Federal Circuit precedent, according to a recording of July 7 oral argument made available by the Vaccine Court (Theresa Cedillo, et al. v. Secretary, No. 98-916V, Fed. Clms., Off. Spec. Masters; See April 2009, Page 9). Full story on lexis.com
Source: LexisNexis® Mealey's™ Thimerosal & Vaccines Legal News - July 24, 2009 Category: Allergy & Immunology Source Type: info

Federal Circuit Reverses, Orders Compensation In DTP Vaccine Injuryemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
WASHINGTON, D.C. - Ruling that the burden of proof on the petitioners had been set too high, the Federal Circuit U.S. Court of Appeals on June 18 reversed the denial of benefits by a Vaccine Court special master, affirmed by the U.S. Court of Federal Claims, and ordered program compensation in a case asserting that the diphtheria-tetanus-pertussis (DTP) vaccine caused afebrile seizures and an encephalopathy (Enrique M. Andreu, et al. v. Secretary, No. 98-817V, Fed. Cir.; 2009 U.S. App. LEXIS 13048; See July 2008, Page 8). Full story on lexis.com
Source: LexisNexis® Mealey's™ Thimerosal & Vaccines Legal News - July 24, 2009 Category: Allergy & Immunology Source Type: info

Vaccinations Ruled Contributors To Injury Despite Tumor Presenceemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
WASHINGTON, D.C. - Despite the existence of a spinal cord tumor, a Vaccine Court special master has ruled that the measles-mumps-rubella (MMR) and varicella (chicken pox) vaccines contributed to a child's development of a visual disturbance (Kelly Butland v. Secretary, No.07-111 V, Fed. Clms., Off. Spec. Masters). Full story on lexis.com
Source: LexisNexis® Mealey's™ Thimerosal & Vaccines Legal News - July 24, 2009 Category: Allergy & Immunology Source Type: info

Vaccine Claim Survives Non-Vaccine Death Of The Original Petitioneremail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
WASHINGTON, D.C. - A Vaccine Court special master has ruled that an otherwise viable petition for rheumatoid arthritis (RA) vaccine injury survives the death of the petitioner even when that death was not vaccine related (Elizabeth A. Sanders v. Secretary, No. 99-430V, Fed. Clms., Off. Spec. Masters). Full story on lexis.com
Source: LexisNexis® Mealey's™ Thimerosal & Vaccines Legal News - July 24, 2009 Category: Allergy & Immunology Source Type: info

Hepatitis B Shot Found Not To Cause Diabetes In Omnibus Test Caseemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
WASHINGTON, D.C. - In a case likely to have wider consequences, a Vaccine Court special master on May 29 ruled that a petitioner who alleged that the hepatitis B vaccine caused type I juvenile diabetes (T1D) had the condition before the vaccines were administered (Thomas D. Hennessey v. Secretary, No. 01-190V, Fed. Clms., Off. Spec. Masters). Full story on lexis.com
Source: LexisNexis® Mealey's™ Thimerosal & Vaccines Legal News - July 24, 2009 Category: Allergy & Immunology Source Type: info

Special Master Finds Flu Vaccine Petitioner Has 'Selective' Memoryemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
WASHINGTON, D.C. - A Vaccine Court special master has dismissed the testimony of a petitioner, finding that at one point she changed the timing of her influenza vaccination to be nearer to the outbreak of symptoms of brachial neuritis and at another changed the timing of the symptoms to be closer to the vaccination (Andrea Hodges v. Secretary, No. 07-472V, Fed. Clms., Off. Spec. Masters). Full story on lexis.com
Source: LexisNexis® Mealey's™ Thimerosal & Vaccines Legal News - July 24, 2009 Category: Allergy & Immunology Source Type: info

Special Master Refuses To Address Timeliness In Dismissing Petitionemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
WASHINGTON, D.C. - A Vaccine Court special master has deferred ruling on an autism petition's timeliness, saying that issue will arise in the Court of Federal Claims only if the petitioner seeks an award of attorney fees (Barbara Ramirez v. Secretary, No. 02-1539V, Fed. Clms., Off. Spec. Masters). Full story on lexis.com
Source: LexisNexis® Mealey's™ Thimerosal & Vaccines Legal News - July 24, 2009 Category: Allergy & Immunology Source Type: info

Special Master Denies 'Imaginative' Attempt To Circumvent Statuteemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
WASHINGTON, D.C. - A Vaccine Court special master dismissed on the statute of limitations a claim that vaccines caused a child's autism, while admitting that the petitioners had asserted an "imaginative" argument in an attempt to escape the Vaccine Act's strict statute of limitations (Theodore and April Schroeders v. Secretary, No. 03-1734V, Fed. Clms., Off. Spec. Masters). Full story on lexis.com
Source: LexisNexis® Mealey's™ Thimerosal & Vaccines Legal News - July 24, 2009 Category: Allergy & Immunology Source Type: info

Report Says Government Has Granted Immunity To Swine Flu Vaccine Makersemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
WASHINGTON, D.C. - Secretary of Health and Human Services Kathleen Sebelius has signed a document granting legal immunity to manufacturers of swine flu vaccine, The Associated Press has reported. Full story on lexis.com
Source: LexisNexis® Mealey's™ Thimerosal & Vaccines Legal News - July 24, 2009 Category: Allergy & Immunology Source Type: info

Maryland Court: Vaccine-Autism Link Too Great A Leap; Experts Unqualifiedemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
BALTIMORE - An expert opinion linking thimerosal and autism may have been based on data collected in generally accepted ways, but the analytical gap between the data and the conclusion rendered the opinion inadmissible, the Maryland Court of Appeals held May 7 in affirming exclusion of all plaintiffs' experts (Pamela Blackwell, et al. v. Wyeth, et al., No. 112, September Term, 2008, Md. App.; 2009 Md. LEXIS 61; See January 2008, Page 4). Full story on lexis.com
Source: LexisNexis® Mealey's™ Thimerosal & Vaccines Legal News - June 26, 2009 Category: Allergy & Immunology Source Type: info

Supreme Court Seeks Administration's Views On Vaccine Preemptionemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
WASHINGTON, D.C. - The U.S. Supreme Court invited the administration on June 8 to submit a brief containing the administration's view as to whether alleged injuries from the mercury-based vaccine preservative thimerosal are preempted by the Vaccine Act (American Home Products Corporation, et al. v. Marcelo A. Ferrari and Carolyn H. Ferrari, et al., No. 08-1120, U.S. Sup.; See May 2009, Page 4). Full story on lexis.com
Source: LexisNexis® Mealey's™ Thimerosal & Vaccines Legal News - June 26, 2009 Category: Allergy & Immunology Source Type: info

Petitioners Fail To Prove Varicella Vaccine Caused Developmental Delaysemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
WASHINGTON, D.C. - Parents of a child with a seizure disorder and developmental delays have failed to prove that the varicella (chicken pox) vaccine was responsible, a Vaccine Court special master ruled in a decision released May 26 (Kathaleen Stapleford v. Secretary, No. 03-234V, Fed. Clms., Off. Spec. Masters). Full story on lexis.com
Source: LexisNexis® Mealey's™ Thimerosal & Vaccines Legal News - June 26, 2009 Category: Allergy & Immunology Source Type: info

Late Filing Dooms Petition Claiming Injury From DTP Vaccinationemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
WASHINGTON, D.C. - The Office of Special Masters has said it cannot accept a petitioner's argument that policy considerations underlying the Vaccine Act urge leniency in applying the act's strict three-year statute of limitations to a petition alleging injury from the diphtheria-tetanus-pertussis (DTP) and "other" vaccines (Julie Davis, et al. v. Secretary, No. 08-335V, Fed. Clms., Off. Spec. Masters). Full story on lexis.com
Source: LexisNexis® Mealey's™ Thimerosal & Vaccines Legal News - June 26, 2009 Category: Allergy & Immunology Source Type: info

Child's Viral Infection, Not DTaP Vaccination Ruled As Cause Of Injuryemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
WASHINGTON, D.C. - A Vaccine Court special master has denied program compensation to a child who developed transverse myelitis (TM) within the appropriate time frame after the diphtheria-tetanus-acellular pertussis (DTaP) vaccination, saying it was more likely that the child's injury stemmed from a viral infection (Mary Ann Egan v. Secretary, No. 05-1032V, Fed. Clms., Off. Spec. Masters). Full story on lexis.com
Source: LexisNexis® Mealey's™ Thimerosal & Vaccines Legal News - June 26, 2009 Category: Allergy & Immunology Source Type: info

Government Compensates Man Who Claimed Injury From Influenza Vaccineemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
WASHINGTON, D.C. - The federal vaccine injury compensation program has agreed to pay $250,000 to a man who says the influenza vaccine caused chronic inflammatory demyelinating polyradiculoneuropathy (CIDP) (Zachary David Tennessen v. Secretary, No. 06-862V, Fed. Clms., Off. Spec. Masters). Full story on lexis.com
Source: LexisNexis® Mealey's™ Thimerosal & Vaccines Legal News - June 26, 2009 Category: Allergy & Immunology Source Type: info

Government Agrees To Pay Program Benefits To Dead Child's Familyemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
WASHINGTON, D.C. - While denying that three vaccines caused a child's death, the secretary of Health and Human Services has agreed to pay the child's family $100,000 in benefits, according to a stipulation approved May 13 by the Office of Special Masters (Roberta Demetsenare v. Secretary, No. 08-289V, Fed. Clms., Off. Spec. Masters). Full story on lexis.com
Source: LexisNexis® Mealey's™ Thimerosal & Vaccines Legal News - June 26, 2009 Category: Allergy & Immunology Source Type: info

MMR Injury Results In $250,000 Lump Sum And Lifetime Medical Annuityemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
WASHINGTON, D.C. - Nearly three years after a Vaccine Court special master ruled that the measles-mumps-rubella (MMR) vaccine caused a child's opsoclonus-myoclonus syndrome (OMS), the petitioner and government have arrived at a compensation package involving a lump sum payment of approximately $250,000 and the purchase of a lifetime annuity for future medical expenses (Patrick Mulvaney, et al. v. Secretary, No. 05-556V, Fed. Clms., Off. Spec. Masters; See September 2006, Page 6). Full story on lexis.com
Source: LexisNexis® Mealey's™ Thimerosal & Vaccines Legal News - June 26, 2009 Category: Allergy & Immunology Source Type: info

Inquiry Required Into Whether Polio Vaccine Caused 1 Injury Or 2email this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
WASHINGTON, D.C. - Ruling that a genuine of fact exists as to whether two injuries alleged are a single entity, a Vaccine Court special master on May 15 denied summary judgment to a petitioner claiming that she contracted polio and post-polio syndrome from the oral polio vaccine (Rene and Maria Elena Ortiz v. Secretary, No. 05-1052V, Fed. Clms., Off. Spec. Masters). Full story on lexis.com
Source: LexisNexis® Mealey's™ Thimerosal & Vaccines Legal News - June 26, 2009 Category: Allergy & Immunology Source Type: info

Bill To Eliminate Mercury From Vaccines Reintroduced In Congressemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
WASHINGTON, D.C. - Five members of Congress from both sides of the aisle introduced a bill May 21 that would amend the federal Food, Drug and Cosmetic Act to reduce exposure to mercury through vaccines by eliminating the preservative thimerosal from vaccines. Full story on lexis.com
Source: LexisNexis® Mealey's™ Thimerosal & Vaccines Legal News - June 26, 2009 Category: Allergy & Immunology Source Type: info

Obama Orders Halt, Review Of Regulatory Preemption Preamblesemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
WASHINGTON, D.C. - President Obama on May 20 moved to undo Bush administration preemption regulations by ordering department and agency heads not to include preemption preambles and to review past preemption preambles. Full story on lexis.com
Source: LexisNexis® Mealey's™ Thimerosal & Vaccines Legal News - June 26, 2009 Category: Allergy & Immunology Source Type: info

Manufacturer Seeks Review Of Georgia Autism Decision, Arguing Vaccine Preemptionemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
WASHINGTON, D.C. - Saying the Georgia Supreme Court's decision allowing a lawsuit alleging that thimerosal in childhood vaccines caused autism to proceed reverses congressional intent expressed in the Vaccine Act and runs counter to all other jurisprudence on the issue, American Home Products Co. (AHP) has filed a petition for writ of certiorari before the U.S. Supreme Court (American Home Products Corporation, et al. v. Marcelo A. Ferrari and Carolyn H. Ferrari, et al., No. 08-1120, U.S. Sup.; See October 2008, Page 4). Full story on lexis.com
Source: LexisNexis® Mealey's™ Thimerosal & Vaccines Legal News - May 23, 2009 Category: Allergy & Immunology Source Type: info

DTaP And Unknown Virus Ruled To Be Cause Of Child's Transverse Myelitisemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals has "applied a judicial gloss" to the text of the Vaccine Act such that a petition alleging the diphtheria-tetanus-acellular pertussis (DTaP) vaccine caused transverse myelitis that would be denied compensation under a literal reading of the act nevertheless qualifies for benefits under the appeals court's jurisprudence, a Vaccine Court special master has ruled (Tysheem Hargrove Jr. v. Secretary, No. 05-694V, Fed. Clms., Off. Spec. Masters). Full story on lexis.com
Source: LexisNexis® Mealey's™ Thimerosal & Vaccines Legal News - May 23, 2009 Category: Allergy & Immunology Source Type: info

Court Affirms Tolling Is Not Available For 'Heavy Metal' Petitionemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
WASHINGTON, D.C. - The U.S. Court of Federal Claims has affirmed dismissal of a petition claiming that "heavy metal poisoning" from vaccines caused a child's autism, saying the petitioners had not overcome the Vaccine Act's strict statute of limitations (Scott and Laura Bono v. Secretary, No. 02-1085V, Fed. Clms.; 2009 U.S. Claims LEXIS 103; See February 2009, Page 9). Full story on lexis.com
Source: LexisNexis® Mealey's™ Thimerosal & Vaccines Legal News - May 23, 2009 Category: Allergy & Immunology Source Type: info

Judge Affirms Finding That Theory Of Hepatitis B Cytokine Storm Was Unprovenemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
WASHINGTON, D.C. - In its second review of a special master's denial of a petition claiming that a "cytokine storm" triggered by the hepatitis B vaccine caused a child's death, the U.S. Court of Federal Claims this time affirmed the master's finding that the cause was sudden infant death syndrome (SIDS) or accidental suffocation by a sleeping adult (John Doe/11 v. Secretary, No. 99-212V, Fed. Clms.; 2009 U.S. Claims LEXIS 112; See November 2008, Page 5). Full story on lexis.com
Source: LexisNexis® Mealey's™ Thimerosal & Vaccines Legal News - May 23, 2009 Category: Allergy & Immunology Source Type: info

Supplemental Hearing Is Denied, But Petitioners May File Rebuttal Reportemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
WASHINGTON, D.C. - A Vaccine Court special master has denied a motion by petitioners claiming that the hepatitis B vaccine caused chronic fatigue syndrome (CFS) for a supplemental hearing to rebut a respondent's expert who testified beyond the scope of his report but ruled that petitioners may file a supplemental report from their expert (Dr. Yuliya Dobrydneva, et al. v. Secretary, No. 04-1593V, Fed. Clms., Off. Spec. Masters). Full story on lexis.com
Source: LexisNexis® Mealey's™ Thimerosal & Vaccines Legal News - May 23, 2009 Category: Allergy & Immunology Source Type: info

Without Diagnosis, Child May Not Enter Autism Proceedingemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
WASHINGTON, D.C. - A Vaccine Court special master has ruled that absent a diagnosis of autism spectrum disorder (ASD), a petition may not be transferred to the Omnibus Autism Proceeding (OAP) (Child Doe/37 v. Secretary, No. [redacted]V, Fed. Clms., Off. Spec. Masters). Full story on lexis.com
Source: LexisNexis® Mealey's™ Thimerosal & Vaccines Legal News - May 23, 2009 Category: Allergy & Immunology Source Type: info

Vaccine 'Administrator' Dismissed; Plaintiffs May Amend Against Other Defendantsemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
SYRACUSE, NY - A federal judge in New York has dismissed vaccine-related claims against one company but allowed plaintiffs to amend their complaint to clarify the role of other defendants (Tracy Arakelian, et al. v. Target, et al., No. 08-CV-970, N.D. N.Y.; 2009 U.S. Dist. LEXIS 38883). Full story on lexis.com
Source: LexisNexis® Mealey's™ Thimerosal & Vaccines Legal News - May 23, 2009 Category: Allergy & Immunology Source Type: info

3rd Circuit Vacates Colacicco, McNellis Preemption Opinions, Remands To Trial Courtsemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this article1 CommentDiscuss or comment on this article.
PHILADELPHIA - The Third Circuit U.S. Court of Appeals on April 28 reversed its drug preemption rulings in Joseph C. Colacicco, et al. v. Apotex Inc., et al. and Beth Ann McNellis, et al. v. Pfizer Inc. and remanded them to two U.S. district courts for further proceedings consistent with the U.S. Supreme Court's drug preemption ruling in Wyeth v. Diana Levine (No. 06-1249, U.S. Sup.; 2009 U.S. LEXIS 1774; See April 2009, Page 9) (Joseph C. Colacicco, et al. v. Apotex Inc., No. 06-3107, and Beth Ann McNellis, et al. v. Pfizer Inc., No. 06-5148, 3rd Cir.). Full story on lexis.com
Source: LexisNexis® Mealey's™ Thimerosal & Vaccines Legal News - May 23, 2009 Category: Allergy & Immunology Source Type: info

Man Who Contracted Polio From Diaper Change Wins $22.5 Million Awardemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
STATEN ISLAND, NY - A New York man who contracted polio 30 years ago while changing his daughter's diaper after she had received Lederle Laboratories Orimune oral polio vaccine won a $22.5 million award March 20 from a Richmond County, N.Y., Supreme Court jury (Dominick Tenuto v. Lederle Laboratories, No. 1134/1981, N.Y. Sup., Richmond Co.). Full story on lexis.com
Source: LexisNexis® Mealey's™ Thimerosal & Vaccines Legal News - April 20, 2009 Category: Allergy & Immunology Source Type: info

Immunity Affirmed For Functionaries Of U.S. Vaccine Courtemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
PHILADELPHIA - The Third Circuit U.S. Court of Appeals affirmed dismissal on March 25 of claims brought against a Vaccine Court special master and court clerk by an Allentown, Pa., couple who once brought an unsuccessful claim over the death of a child allegedly from the oral polio vaccine, saying the trial court correctly found that the defendants enjoy immunity from suits arising out of their judicial duties (John Wallace, et al. v. Richard Abell, et al., No. 07-4918, 3rd Cir.; 2008 U.S. Dist. LEXIS 55421; See August 2008,Page 10). Full story on lexis.com
Source: LexisNexis® Mealey's™ Thimerosal & Vaccines Legal News - April 20, 2009 Category: Allergy & Immunology Source Type: info

Vaccine Claims Preempted, 3rd Circuit Rules, In Conflict With Georgia Supreme Courtemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
PHILADELPHIA - The Third Circuit U.S. Court of Appeals on March 27 affirmed that claims that the pertussis vaccine injured a child are preempted by the Vaccine Act, setting up a conflict with a Georgia case before the U.S. Supreme Court (Russell Bruesewitz, et al. v. Wyeth Inc., No. 07-3794, 3rd Cir.; 2009 U.S. App. LEXIS 6410). Full story on lexis.com
Source: LexisNexis® Mealey's™ Thimerosal & Vaccines Legal News - April 20, 2009 Category: Allergy & Immunology Source Type: info

Autism Petitioner Says Compensation Denied To Protect Vaccinesemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
WASHINGTON, D.C. - One of the three unsuccessful test petitioners in the Omnibus Autism Proceeding (OAP) argues in a March 16 motion for review in the U.S. Court of Federal Claims that the special master who decided her case applied a more stringent standard of proof than required by the Vaccine Act out of concern that an award of compensation would threaten the basis of the childhood vaccination schedule (Theresa Cedillo, et al. v. Secretary, No. 98-916V, Fed. Clms., Off. of Spec. Masters; See February 2009, Page 4). Full story on lexis.com
Source: LexisNexis® Mealey's™ Thimerosal & Vaccines Legal News - April 20, 2009 Category: Allergy & Immunology Source Type: info

Government Releases Expert Reports From Autism Causation Casesemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
WASHINGTON, D.C. - The government has released dozens of expert reports it used to rebut successfully claims in the Omnibus Autism Proceeding (OAP) that the measles virus causes autism, including that of a child psychiatrist who says the autism epidemic is an artifact of better reporting and broader diagnostic criteria (In Re: Claims for Vaccine Injuries Resulting in Autism Spectrum Disorder or a Similar Neurodevelopmental Disorder, Various Petitioners v. Secretary of Health and Human Services, Autism Master File, Fed. Clms., Off. Spec. Masters; See February 2009, Page 4). Full story on lexis.com
Source: LexisNexis® Mealey's™ Thimerosal & Vaccines Legal News - April 20, 2009 Category: Allergy & Immunology Source Type: info

Counsel For Petitioners In Autism Proceeding Get $1.6M Fees And Costsemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
WASHINGTON, D.C. - The Vaccine Court special master who presides over the Omnibus Autism Proceeding (OAP) has awarded more than $1.6 million in interim fees and costs in two of the unsuccessful autism cases brought before the special court (In Re: Claims for Vaccine Injuries Resulting in Autism Spectrum Disorder or a Similar Neurodevelopmental Disorder, Various Petitioners v. Secretary of Health and Human Services, Autism Master File, Theresa Cedillo, et al. v. Secretary, No. 98-916V; Rolf and Angela Hazlehurst v. Secretary, No. 03-654V, Fed. Clms., Off. of Spec. Masters; See February 2009, Page 4). Full story on lexis.com
Source: LexisNexis® Mealey's™ Thimerosal & Vaccines Legal News - April 20, 2009 Category: Allergy & Immunology Source Type: info

Lack Of Substantiation In Old Records Is Not Fatal To Vaccine Claimemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
WASHINGTON, D.C. - A Vaccine Court special master ruled March 6 that the absence of contemporaneous medical records to support parents' description of a child's deterioration after a measles-mumps-rubella (MMR) vaccination is not necessarily fatal to their claims (Peter Nuttall, et al. v. Secretary, No. 07-810V, Fed. Clms., Off. Spec. Masters). Full story on lexis.com
Source: LexisNexis® Mealey's™ Thimerosal & Vaccines Legal News - April 20, 2009 Category: Allergy & Immunology Source Type: info

Vaccine Petitioners May Engage Annuity Broker Of Their Own Choosingemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
WASHINGTON, D.C. - Petitioners may secure their own broker to provide advice in structuring an annuity for their daughter injured by the diphtheria-tetanus-pertussis vaccine, but a Vaccine Court special master ruled March 19 that payment to the expert cannot be guaranteed (Tsuyoshi and Marie Miyake v. Secretary, No. 06-459V, Fed. Clms., Off. Spec. Masters). Full story on lexis.com
Source: LexisNexis® Mealey's™ Thimerosal & Vaccines Legal News - April 20, 2009 Category: Allergy & Immunology Source Type: info

Government Stipulates To Lump Sum, Annuity For Vaccine Injuriesemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
WASHINGTON, D.C. - While denying that a petitioner was injured by the diphtheria-tetanus-acellular pertussis (DTaP) or haemophilus influenzae type b (HIB) vaccines, the government on March 17 agreed to pay a lump sum of $769,803 plus an annuity for counseling (Jason Agresti, et al. v. Secretary, No. 05-752V, Fed. Clms., Off. Spec. Masters). Full story on lexis.com
Source: LexisNexis® Mealey's™ Thimerosal & Vaccines Legal News - April 20, 2009 Category: Allergy & Immunology Source Type: info

Vaccine Master Awards Interim Fee In Petition That Settled In 2007email this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
WASHINGTON, D.C. - A Vaccine Court special master has awarded over the government's objection an "irreducible minimum" attorney fee of $42,000 to three attorneys who prosecuted a 1999 case to settlement with the government in 2007 (Donald R. Masias v. Secretary, No. 99-697V, Fed. Clms., Off. Spec. Masters). Full story on lexis.com
Source: LexisNexis® Mealey's™ Thimerosal & Vaccines Legal News - April 20, 2009 Category: Allergy & Immunology Source Type: info

Autism Activists Say 2007 Decision Shows Vaccine Causationemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
WASHINGTON, D.C. - Autism activists recently began discussing a Vaccine Court decision that largely escaped public attention when it was filed that they say represents an admission by the Office of Special Masters that vaccines caused a child's autism (Bailey Banks v. Secretary, No. 02-738V, Fed. Clms., Office of Spec. Masters). Full story on lexis.com
Source: LexisNexis® Mealey's™ Thimerosal & Vaccines Legal News - March 20, 2009 Category: Allergy & Immunology Source Type: info