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Omnibus Autism Alert   March 7, 2008

Hannah Poling is an autistic child with a claim in the Omnibus Autism Proceeding (OAP) in the Vaccine Program. Her case was scheduled to be heard in May of 2008 as a test case on the theory that she was injured by thimerosal-containing vaccines. Surprisingly, the government has now conceded that she was injured by vaccines and has agreed to compensate her for all of her injuries, including her autism. At the present time, the government will not permit the public to explore the details of this concession. However, Dr. Jon Poling, Hannah's father and a adult neurologist, has stated that Hannah has a mitochondrial disorder that was aggravated by vaccines. He has stated that the aggravation resulted in her suffering seizures and autism. Until the government permits the public to access the details of this concession, however, it will be impossible to assess how this concession will affect other cases in the OAP. We will post information on our website as it becomes available.
Potential Autism Clients

CHCC will review only autism cases that meet the following criteria: (1) an MMR was received; (2) the child then regressed; (3) the child has gastrointestinal symptoms; (4) measles virus has been recovered in the blood, gut tissue, or cerebral spinal fluid; and (5) the symptoms after the MMR occurred within the past three years. Please be asssured we will continue to provide instructions (and forms) to persons who wish to file by themselves. However, those persons who still wish to file should be aware that: (1) the deadline to file a claim in the Vaccine Program is, at the latest, three (3) years from the date of the diagnosis and possibly as early as three (3) years from the onset of symptoms; (2) the presence of thimerosal (ethylmercury) in the Hep B, HiB, and/or DTaP vaccines is essential to our theory that these vaccines caused symptoms on the spectrum; (3) manufacturers of these vaccines claim to have stopped using thimerosal in the production of new vaccines beginning in the year 2000; and (4) there is a $250 filing fee required by the United States Court of Federal Claims.

In the United States, vaccinating children against infectious diseases has been one of the most effective public health initiatives ever undertaken. Vaccinations have reduced vaccine-preventable disease by more than 95 percent. But that is not the whole story.

Unfortunately, vaccination programs also carry a human cost. The United States Government acknowledges that "[a] vaccine can have severe side effects, including death or disabling conditions requiring lifetime medical care." 1 These reactions can be "devastating" to affected families. 2 Conditions that may be associated with vaccines include neurological injuries (such as encephalopathy, neuropathy, and transverse myelitis), seizures, and a number of auto-immune disorders (such as Guillan Barre Syndrome, Multiple Sclerosis, and arthritis).

If you believe that you or a loved one has been injured as a result of a vaccination, we may be able to help. We are an alliance of law firms and legal professionals who are committed to helping families in obtaining compensation for the devastating effects of vaccine-related injuries under the National Vaccine Injury Compensation Program.

The law firm of Conway, Homer & Chin-Caplan, P.C. specializes in obtaining compensation for persons injured by vaccines.

Vaccines include:

Diphtheria, pertussis, tetanus (DTP, DtaP, Tdap, DT, Td, or TT)
Haemophilis influenzae type b (Hib)
Hepatitis A (HAV)
Hepatitis B (HBV)
Trivalent influenza (TIV, LAIV)(given each year during flu season)
Measles-mumps-rubella (MMR, MR. M, R)
Meningoccal (conjugate & polysaccharide)(MCV4, MPSV4)(meningitis)
Polio (IPV, OPV)
Pneumococcal conjugate( PCV) (Streptococcus pneumoniae bacteria, cause bacterial meningitis, deaths, ear infections in children)
Rotovirus (RV)
varicella (VZV)(chickenpox)
Papillomavirus (HPV)(STD, cervical cancer)
any combination of above vaccines

Conway, Homer & Chin-Caplan, P.C. presently represents nearly 1200 adults and children, located in all 50 states who have filed for compensation under the National Childhood Vaccine Injury Program within the Federal Claims Court.

Since 1988, the firm has represented hundreds of people under the Program, resulting in awards of millions of dollars.

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1 United States, General Accounting Office Report, Dec. 22, 1999 p.1.

2. lbid. p.4.

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News and Updates
vaccine attorney
1.28.2008
Cedillo Post Hearing Brief

The post-hearing brief in Cedillo v. Sec'y of HHS, the first autism test case, is 264 pages long. In it, Michelle argues that vaccines caused her many injuries, including autism. The brief summarizes Michelle's medical history, the opinions of 17 expert witnesses, and much of the scientific literature upon which they rely. It also describes the purposes of the Vaccine Program, prior decisions in the Vaccine Program, and the relaxed standards of proof for a petitioner. The respondent's response is due on January 11, 2008. Michelle will have an opportunity to reply to the responent's response. Her reply is due February 11, 2008.


3.16.2006
Capizzano v. Sec'y of HHS

On March 9, 2006, in a clear victory for petitioners in the Vaccine Program, the Federal Circuit Court of Appeals issued Capizzano v. Sec'y. The Court held, once again, that petitioners need not present peer-reviewed scientific literature to prevail. It is enough, the Court said, if a petitioner provides a medical theory linking an injury to the vaccine, a logical sequence of cause and effect between the vaccine and the injury (significantly, the Court found that the opinions of treating doctors should be given great evidentiary weight when considering the logical sequence of cause and effect), and an appropriate temporal relationship between them. This can be accomplished, the Court stated, by medical records or by an expert opinion. Peer-reviewed literature, pathological markers, rechallenge and general medical acceptance, are unnecessary. Once a petitioner has provided this information, the Court said, he or she will be compensated unless the government show the injury was caused by something else. In the past, special masters have discounted the opinions of treating physicians unless they were supported by peer-reviewed scientific literature.


3.3.2006
Stevens v. Sec'y of HHS

On February 24, 2006, Special Master Laura Millman ruled that a hepatitis B vaccine caused an adult woman to suffer transverse myelitis (TM), a serious neurological, demyelinating disorder. The evidence in this case was stronger than most, because the petitioner suffered two separate episodes of TM after two separate hepatitis B vaccines (a "challenge/rechallenge" case). However, significantly, the Special Master also found probative value in a variety of pieces of circumstantial evidence, such as an appropriate temporal relationship between the vaccines and the episodes of TM, the absence of another likely cause, similar case reports, the opinions of the petitioner's treating doctors, and other cases of vaccine-related TM filed in the Vaccine Program. This decision, we believe, bodes well for numerous other petitioners who allege that a hepatitis B vaccine caused a neurological demyelinating disorder.


2.16.2006
Snyder v. Sec'y of HHS

In 1994, Barbara Snyder filed a claim alleging a rubella vaccine caused her to suffer chronic arthralgia (joint pain) and fibromyalgia. Barbara died on April 28, 2005 before a decision was made in her case. On May 6, 2005, eight (8) days after Barbara's death, a special master issued a decision denying her claim. Conway, Homer & Chin-Caplan appealed the case on behalf of her estate. On February 9, 2006, Judge Thomas Wheeler of the U.S. Court of Federal Claims reversed the special master's decision and ruled that Barbara's estate is entitled to compensation. Judge Wheeler ruled that live expert testimony is unnecessary for a petitioner to be successful in the Program, especially if the opinions of treating doctors contained in the medical records link the vaccine to the injury. He also ruled that once a petitioner proves an injury was probably caused by a vaccine, the government, to defeat the claim, must prove something else actually caused the injury. It is not enough, he ruled, for the government to merely offer another explanation for the injury.


8.26.2005
Althen v. Sec'y of HHS

In a landmark decision by the Court of Appeals for the Federal Circuit, the Court lightened the burden of proof for petitioners in the Vaccine Program.

2.5.2008
Attention Autism Clients

Please check your client log-on status for a recent update of February 5, 2008.


6.21.2006
Attention Hepatitis B / Neuro-demyelinating Clients

Special Master Millman has found that the hepatitis B can cause transverse myelitis (see, Stevens v. Sec'y of HHS), GBS (see, Peugh v. Sec'y of HHS), CIDP (see, Gilbert v. Sec'y of HHS) and MS (see, Wedertish v. Sec'y of HHS). All the foregoing cases can be located under the "Decisions" tab at this website.


7.1.2005
Trivalent ("adult flu") Influenza Vaccine Injuries Are Added to Federal Compensation Program

People thought to be injured by influenza vaccines given annually will be eligible for compensation under National Vaccine Injury Compensation Program (VICP), effective July 1, 2005.

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