An early case of vaccine court verifying vaccine-induced autism in a child


While experts say most vaccines are well-tolerated by most children, side effects do at least rarely occur and victims are entitled to compensation in a special federal vaccine court.  

The case of Hannah Poling was initially sealed by the government, but eventually leaked out to the public. In that case, the government secretly conceded that Hannah’s autism was triggered by her vaccinations as well as a thimerosal (mercury) preservative. (The mercury exposure in childhood vaccinations was been greatly reduced during this time period due to safety concerns, even as the government publicly denied there was any reason for concern.)

Additionally, I found a key 1986 case in which the vaccine court determined vaccinations aggravated a pre-existing condition called “TS ” in a child, resulting in his mental retardation and autism. 

Court documents verify a third, early case of vaccine injury in a child born in 1974. It may be one of the first cases in which the government compensated a child who became mentally retarded and developed autistic behavior after a vaccine injury. In this case, unlike the two mentioned, the child did not have a known pre-existing condition.

What does this tell us that’s relevant to the current debate over vaccines and autism/ADD? Medical experts differ on that front. Is it another “anomoly” like Hannah’s case? Early evidence of a possible vaccine/autism link that the government hasn’t publicly discussed? Did the child have a pre-existing susceptibility to vaccines that simply went undiscovered? No matter the interpretation, the case demonstrates the vaccine/autism debate has been going for decades. 

In excerpts from the case below, the government agreed the child suffered “a residual seizure disorder” after his second Diphtheria, Tetanus & Pertussis (DPT) vaccine but attempted to argue that the child’s mental retardation and brain injury were unrelated to the seizure disorder and were, instead, caused by his autism. On the other hand, the court found that the autistic behavior, brain injury and mental retardation were all part of the vaccine injury. (It is significant to note that this case involves injury from a DPT vaccine that has since been replaced by what is believed to be a safer version).

Case Excerpts as written by the vaccine court judge: Elizabeth E. Wright, Special Master

FACTS

CHILD was born on August 23, 1974, the 9 lb. 9 oz. product of an uncomplicated pregnancy and delivery. CHILD developed normally until the age of four months when he was administered his second DPT vaccination on December 23, 1974… That evening, he experienced a grand mal seizure. CHILD’s mother… took CHILD to the… emergency room where he was found to have a fever of 101.8 degrees at that time and a bulging fontanelle…CHILD had a seizure on March 25, 1975, with a temperature of 102 degrees. The next day, he had another seizure with a fever less than 102 degrees…On April 15, 1975, CHILD experienced a petit mal seizure without an associated fever… CHILD apparently did well until mid-July 1975, when he had four seizures, with fever around 100.7 degrees… CHILD had additional seizure activity in November 1975. Again in February 1976, CHILD had seizures. At that time, a repeat EEG was grossly abnormal…when CHILD was 21 months of age, (CHILD’s doctor) noted that CHILD had a vocabulary of only two to three words. At that time, (CHILD’s doctor) discussed… the possibility that CHILD was mentally retarded and developmentally delayed. CHILD currently is severely mentally retarded and has an intractable seizure disorder.

(The government) respondent has conceded that CHILD suffered a residual seizure disorder as set forth in the Vaccine Injury Table, but argues against a finding that CHILD also suffered an encephalopathy (brain injury). Moreover, (the government) contends that CHILD suffers from autism, which has produced his severe mental retardation and developmental delay. Consequently, (the government) urges that compensation in this case be limited to those expenses that reasonably might be incurred for CHILD’s residual seizure disorder, not for expenses he might accrue because of his mental retardation, developmental delay and autistic behaviors.

The question of encephalopathy.

(Government physician) believes that CHILD currently suffers from autism and mental retardation that are the result of an independent underlying neurologic condition that pre-dated the vaccination. However, all tests that were conducted to determine possible causes for CHILD’s condition have revealed none. Furthermore, (government physician) has posited no origin of any underlying neurologic condition. (Government physician) would have us believe that CHILD’s grand mal convulsion following his second DPT vaccination was simply a manifestation of benign febrile seizures and that CHILD had another concurrent underlying (but etiologically undetermined) neurological disorder which later produced his severe mental retardation and autism.

I reject this theory for several reasons. First, the Vaccine Act’s defines encephalopathy as “any significant acquired abnormality of, or injury to, or impairment of function of the brain.” Section 14(b)((3)(A). This definition is extremely broad. CHILD’s initial grand mal seizure indicated an impairment of function of the brain. The question becomes whether this was a benign event unrelated to any lasting neurological sequelae. In my view… (CHILD’s treating pediatric neurologist) is in a better position to accurately assess CHILD’s illness than (government physician). Beginning in 1980, when he first evaluated CHILD, (CHILD’s neurologist) diagnosed CHILD as having static encephalopathy probably related to the time of his first seizure at four months of age. 

Based on the foregoing, I find that there is a preponderance of the evidence that CHILD suffered an encephalopathy within 72 hours of the administration of a DPT vaccination on December 23, 1974, and that no alternative cause for such encephalopathy has been satisfactorily shown.

Current Status

Today (written in 1991), CHILD is 16 years old, approximately five feet five inches and weighs one-hundred and thirty pounds, has intractable seizures, an IQ of approximately 50 or less, and is unable to perform any of his self care… he requires considerable attention and handling. (CHILD’s mother) has been attempting to do most of his care by herself while also raising a five year old daughter. CHILD cannot be left alone for any period of time…He is ambulatory, slightly stooped, and moves in slow motion. He presents with a continuous drool which is apparently due to his dropped head and mouth position. His hands and feet are often cold and bluish. The cause of his circulation problems is unknown. He is incontinent and not toilet trained…Despite his seizure condition, CHILD is relatively healthy with minor problems of constipation and drowsiness. He will often place his fingers into his ears or clap his hands over his ears. CHILD has been treated over the years for recurrent ear infections. CHILD’s day at both home and school consists primarily of aimless wanderings or sitting for long periods on the ground “indian style”. CHILD is frequently absent from school and has no consistent programming. CHILD receives $499 per month from SSI and is Medical eligible. He will most likely lose both of these benefits under an award from this Program.


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11 thoughts on “An early case of vaccine court verifying vaccine-induced autism in a child”

  1. Thank you Sharyl for this article.
    I have been following you online and I agree with you.
    Over the years I have been aware of this tragic link of vaccines and autism. I was a member of the Colorado State Board of Education from 1996 to 2001 and attempted to fight a battle on two fronts. One, was that many Colorado teachers were forcing parents with the threat that their child could not attend school unless they place their child on Ritalin for ADD or ADHD. I believed that this was only a decision between the parents and their child’s doctor. I was widely criticized by the press. They claimed I was trying to ban Ritalin – kind of like an antivaxxer. My research exposed that there was a money connection. The more children labeled and placed on Ritalin, the more money the school received from the federal government. At that time, with a conservative majority on the board, we formed a resolution against this practice and brought to light the over prescription of Ritalin for hyperactive or behavior disorders. There were so many attendant causes for these behaviors such as, child bored and not challenged enough, bad diet – too much sugar, child needing glasses, trouble at home, eliminating recess, etc. Boys were the main culprit for Ritalin prescriptions – I think at the time over 6 million American boys were on this schedule 2 drug. Other schedule 2 drugs include: oxycodone (OxyContin®, Percocet®), and fentanyl as well as morphine, opium, codeine, and hydrocodone. Children that had been on Ritalin since they were young had heart attacks in their teens. A Medical Examiner said that the autopsies showed that their hearts were like that of a cocaine addict, but I digress.. The Ritalin controversy brought national attention, the NYT covered it and I ended up before a congressional sub- committee testifying with others about this problem in the schools.
    The other battle front was the fight against the lunacy of vaccinating school children and new born babies against Hepatitis B. With normal, critical thinking skills, I saw that Hep B was contracted by the following groups: drug users that would share needles, surgeons that come into contact with infected blood, hetero and homosexuals who had sex with multiple partners and mothers who had Hep B at birth. You can’t get it in a typical school setting – period! There are no cases of transmission from sharing drinks or coughing. We attempted to change the law and influence our Colorado legislation – even utilizing testimony from Barbara Loe Fisher from the NVIC, Professor Bonnie Dunbar PhD, a cell biologist and vaccine researcher https://en.wikipedia.org/wiki/Bonnie_S._Dunbar, as well as Dr Jane Orient of the AAPS – to no avail.
    With the rapid evolution of “the vaccine mandate” that is permeating our country, I see a pattern, from 1997, when at that time, 42 states were requiring Hep B vaccinations for children entering daycare, preschool, kindergarten, middle school and high school, with the coming covid19 vaccine requirements. Also, I see a parallel to the pushback against those who questioned the “government narrative” back then, to the pushback and marginalization of those who question the “government’s scientists ” and their narrative today. We were criticized as anti science and antivaxxers back then.
    Thanks again for your article.

  2. Thank you and may God Bless and keep you safe for continuing to write and broadcast about vaccine injury. If only this information had been made public many years ago, the rest of us could have made informed choices about the vaccines OUR child received. Unfortunately, since vaccine injury information is hidden by the government and most of the media, we listened to our doctors and nurses and also have a vax injured son (MMR+varicella). His and our lives might have been so different (and healthy) if we had been made aware of the possibility of vaccine injury. Please keep shining a light on it. Vaccine injury is real, not rare… P.S. Just finished “Slanted” – it was fantastic!!

  3. A child in my extended family was injured at 18 months by the MMR vaccine. He is mentally retarded and autistic. Fortunately his parents have the means to pay for much special care, which along with a special diet has greatly improved his condition, and his grandparents are able to provide much assistance with his care. But he will never be normal.

    I simply do not believe that injury to some children is excused by a benefit to the many. Such a position is especially inexcusable regarding the MMR vaccine, which protects against childhood illnesses that are almost always benign in cultures where sanitation practices and adequate nutrition are common.

  4. Thanks. This short video shows a similar case of a young girl who deteriorates dramatically toward autism immediately after receiving a MMR/flu combination vaccine when she was 3. https://www.youtube.com/watch?v=csS7W_P-NlU

    About a decade later she received the following therapies:
    * Intravenous ozone therapy
    * Patricia Kane protocol for autism and gut flora restauration
    * Mini-chelation to remove heavy metals in vaccine
    * Some supplements

    The mother reports that just one month after starting this therapy, her daughter has improved enormously. The child herself also says she feels much better. While she was extremely reluctant to receive her first treatment (because of the needle), she’s actually looking forward to the second treatment.

    I am always sceptical, but give dr. Rowen and intravenous ozone therapy the benefit of the doubt. I have watched so many of his videos showing case studies where he interviews patients who have dramatically improved almost immediately after receiving his treatment. It could be that they are all actors who’ve been bought, but that would be a lot of actors over a very long time period.

    If you know or are someone who has (high functioning) autism and don’t believe in intravenous ozone therapy, I can certainly understand and respect that. You could always consider testing the other 3 mentioned therapies and see how far that gets you. In the mean time, you might consider doing more research on intravenous ozone therapy.

  5. The world is not our home. This is a dark and evil place that is never or has never been our home. Quit being comfortable in it. Or being shocked at what evil is here. F this place.

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