For over 20 years, the US government has publicly denied a vaccine-autism link, while at the same time its Vaccine Injury Compensation Program (VICP) has been awarding damages for vaccine injury to children where their brain damage results in autism. A new investigation, due out Monday 10 May, based on public, verifiable government data, breaks new ground in the controversial vaccine-autism debate.

The investigation, which officials have already attempted to suppress, was conducted by the Elizabeth Birt Center for Autism Law and Advocacy (EBCALA) and Pace Law School. They found that a substantial number of children compensated for vaccine injury also have autism. The evidence indicates that autism is at least three times more prevalent among the compensated vaccine-injured children than the already epidemic level among children in the general population.

For over 15 years, Dr. Andrew Wakefield, the British gastroenterologist who first described the now widely acknowledged intestinal disease[1][1] in children with autism, has fought for recognition of the vaccine link to this disorder. He has done so in the face of relentless government and industry sponsored attacks, intended to destroy his reputation and his career. This study confirms what he and a growing number of doctors and scientists[2][2] have suspected all along – vaccines cause autism.

The new findings come at the same time that at least 4 federal agencies have reversed their position on the vaccine-autism link and acknowledged the urgent need for further research.[3][3] The latest study endorses the concerns of the 89% of US parents who put vaccine safety as their number one medical research priority.[4][4] It also supports the recognition of the vaccine-autism link by some senior US scientists and officials.[5][5]

The culpability of VCIP needs wide-ranging investigation. This program was charged with looking at long term outcome of vaccine injured children. It failed to do this. Had VCIP officials done their job properly, the vaccine-autism link would have been picked up much sooner and tens of thousands of children might have avoided this catastrophic illness.

EBCALA’s findings will be revealed at the United States Court of Claims 717 Madison Place, NW Washington, DC on Tuesday, May 10 12:00 noon.

EBCALA, the autism community, and physicians like Dr. Wakefield call on Congress to investigate the VICP for its failure to adequately monitor vaccine injury. In comment, Dr Wakefield said, “What is required in nothing less than an overhaul of the entire vaccine program.”


A Review of Compensated Cases of Vaccine-Induced Brain Injury

Pace Environmental Law Review, vol. 28, no. 2, 2011

Mary Holland, Louis Conte, Robert Krakow and Lisa Colin

Available in full * at

Executive Summary

In 1986, Congress created the Vaccine Injury Compensation Program (VICP) under the National Childhood Vaccine Injury Act (1986 Law). This Program has original jurisdiction for children’s claims of vaccine injury. Because almost all children receive multiple vaccinations for daycare and school, it is critically important that the Program provides fundamental fairness, due process and transparency.

This empirical investigation, published in a peer-reviewed law journal, examines claims that the VICP compensated for vaccine-induced encephalopathy and seizure disorder. The VICP has compensated approximately 2,500 claims of vaccine injury since the inception of the program. This study found 83 cases of acknowledged vaccine-induced brain damage that include autism, a disorder that affects speech, social communication and behavior. In 21 published cases of the Court of Federal Claims, which administers the VICP, the Court stated that the petitioners had autism or described autism unambiguously. In 62 remaining cases, the authors identified settlement agreements where Health and Human Services (HHS) compensated children with vaccine-induced brain damage, who also have autism or an autism spectrum disorder.

Parents reported the existence of autism in telephone interviews and supplied supplemental materials including medical diagnoses, school records, and completed, standard autism screening questionnaires to verify their reports. In 39 of the 83 cases, or 47% of the cases of vaccine injury reviewed, there is confirmation of autism or autism spectrum disorder beyond parental report.

This finding of autism in compensated cases of vaccine injury is significant. U.S. government spokespeople have been asserting no vaccine-autism link for more than a decade. This finding calls into question the decisions of the Court of Federal Claims in the Omnibus Autism Proceeding in 2009 and 2010 and the statement of Health and Human Services on its website that “HHS has never concluded in any case that autism was caused by vaccination.”

Using publicly available information, the investigation shows that the VICP has been compensating cases of vaccine-induced brain damage associated with autism for more than twenty years. This investigation suggests that officials at HHS, the Department of Justice and the Court of Federal Claims may have been aware of this association but failed to publicly disclose it.

The study calls on Congress to thoroughly investigate the VICP, including a medical investigation of compensated claims of vaccine injury. This investigation calls on Congress to get answers to these critically important unanswered questions.







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