Government Concedes Vaccine-Autism Case in Federal Court - Now What?

The claim, one of 4,900 autism cases currently pending in Federal "Vaccine Court," was conceded by US Assistant Attorney General Peter Keisler and other Justice Department officials, on behalf of the Department of Health and Human Services, the "defendant" in all Vaccine Court cases.

The child's claim against the government -- that mercury-containing vaccines were the cause of her autism -- was supposed to be one of three "test cases" for the thimerosal-autism theory currently under consideration by a three-member panel of Special Masters, the presiding justices in Federal Claims Court.

Keisler wrote that medical personnel at the HHS Division of Vaccine Injury Compensation (DVIC) had reviewed the case and "concluded that compensation is appropriate."

The doctors conceded that the child was healthy and developing normally until her 18-month well-baby visit, when she received vaccinations against nine different diseases all at once (two contained thimerosal).

Days later, the girl began spiraling downward into a cascade of illnesses and setbacks that, within months, presented as symptoms of autism, including: No response to verbal direction; loss of language skills; no eye contact; loss of "relatedness;" insomnia; incessant screaming; arching; and "watching the florescent lights repeatedly during examination."

Seven months after vaccination, the patient was diagnosed by Dr. Andrew Zimmerman, a leading neurologist at the Kennedy Krieger Children's Hospital Neurology Clinic, with "regressive encephalopathy (brain disease) with features consistent with autistic spectrum disorder, following normal development." The girl also met the Diagnostic and Statistical Manual for Mental Disorders (DSM-IV) official criteria for autism.

In its written concession, the government said the child had a pre-existing mitochondrial disorder that was "aggravated" by her shots, and which ultimately resulted in an ASD diagnosis.

"The vaccinations received on July 19, 2000, significantly aggravated an underlying mitochondrial disorder," the concession says, "which predisposed her to deficits in cellular energy metabolism, and manifested as a regressive encephalopathy with features of ASD."

This statement is good news for the girl and her family, who will now be compensated for the lifetime of care she will require. But its implications for the larger vaccine-autism debate, and for public health policy in general, are not as certain.

In fact, the government's concession seems to raise more questions than it answers.

1) Is there a connection between vaccines, mitochondrial disorders and a diagnosis of autism, at least in some cases?

Mitochondria, you may recall from biology class, are the little powerhouses within cells that convert food into electrical energy, partly through a complex process called "oxidative phosphorylation." If this process is impaired, mitochondrial disorder will ensue.

The child in this case had several markers for Mt disease, which was confirmed by muscle biopsy. Mt disease is often marked by lethargy, poor muscle tone, poor food digestion and bowel problems, something found in many children diagnosed with autism.

But mitochondrial disorders are rare in the general population, affecting some 2-per-10,000 people (or just 0.2%). So with 4,900 cases filed in Vaccine Court, this case should be the one and only, extremely rare instance of Mt disease in all the autism proceedings.

But it is not.

Mitochondrial disorders are now thought to be the most common disease associated with ASD. Some journal articles and other analyses have estimated that 10% to 20% of all autism cases may involve mitochondrial disorders, which would make them one thousand times more common among people with ASD than the general population.

Another article, published in the Journal of Child Neurology and co-authored by Dr. Zimmerman, showed that 38% of Kennedy Krieger Institute autism patients studied had one marker for impaired oxidative phosphorylation, and 47% had a second marker.

The authors -- who reported on a case-study of the same autism claim conceded in Vaccine Court -- noted that "children who have (mitochondrial-related) dysfunctional cellular energy metabolism might be more prone to undergo autistic regression between 18 and 30 months of age if they also have infections or immunizations at the same time."

An interesting aspect of Mt disease in autism is that, with ASD, the mitochondrial disease seems to be milder than in "classic" cases of Mt disorder. In fact, classic Mt disease is almost always inherited, either passed down by the mother through mitochondrial DNA, or by both parents through nuclear DNA.

In autism-related Mt disease, however, the disorder is not typically found in other family members, and instead appears to be largely of the sporadic variety, which may now account for 75% of all mitochondrial disorders.

Meanwhile, an informal survey of seven families of children with cases currently pending in Vaccine Court revealed that all seven showed markers for mitochondrial dysfunction, dating back to their earliest medical tests. The facts in all seven claims mirror the case just conceded by the government: Normal development followed by vaccination, immediate illness, and rapid decline culminating in an autism diagnosis.

2) With 4,900 cases pending, and more coming, will the government concede those with underlying Mt disease -- and if it not, will the Court award compensation?

The Court will soon begin processing the 4900 cases pending before it. What if 10% to 20% of them can demonstrate the same Mt disease and same set of facts as those in the conceded case? Would the government be obliged to concede 500, or even 1,000 cases? What impact would that have on public opinion? And is there enough money currently in the vaccine injury fund to cover so many settlements?

When asked for a comment last week about the court settlement, a spokesman for HHS furnished the following written statement:

"DVIC has reviewed the scientific information concerning the allegation that vaccines cause autism and has found no credible evidence to support the claim. Accordingly, in every case under the Vaccine Act, DVIC has maintained the position that vaccines do not cause autism, and has never concluded in any case that autism was caused by vaccination."

3) If the government is claiming that vaccines did not "cause" autism, but instead aggravated a condition to "manifest" as autism, isn't that a very fine distinction?

For most affected families, such linguistic gymnastics is not so important. And even if a vaccine injury "manifested" as autism in only one case, isn't that still a significant development worthy of informing the public?

On the other hand, perhaps what the government is claiming is that vaccination resulted in the symptoms of autism, but not in an actual, factually correct diagnosis of autism itself.

4) If the government is claiming that this child does NOT have autism, then how many other children might also have something else that merely "mimics" autism?

Is it possible that 10%-20% of the cases that we now label as "autism," are not autism at all, but rather some previously undefined "look-alike" syndrome that merely presents as "features" of autism?

This question gets to the heart of what autism actually is. The disorder is defined solely as a collection of features, nothing more. If you have the features (and the diagnosis), you have the disorder. The underlying biology is the great unknown.

But let's say the government does determine that these kids don't have actual "autism" (something I speculated on HuffPost a year ago). Then shouldn't the Feds go back and test all people with ASD for impaired oxidative phosphorylation, perhaps reclassifying many of them?

If so, will we then see "autism" cases drop by tens, if not hundreds of thousands of people? Will there be a corresponding ascension of a newly described disorder, perhaps something like "Vaccine Aggravated Mitochondrial Disease with Features of ASD?"

And if this child was technically "misdiagnosed" with DSM-IV autism by Dr Zimmerman, how does he feel about HHS doctors issuing a second opinion re-diagnosis of his patient, whom they presumably had neither met nor examined? (Zimmerman declined an interview).

And along those lines, aren't Bush administration officials somewhat wary of making long-distance, retroactive diagnoses from Washington, given that the Terry Schiavo incident has not yet faded from national memory?

5) Was this child's Mt disease caused by a genetic mutation, as the government implies, and wouldn't that have manifested as "ASD features" anyway?

In the concession, the government notes that the patient had a "single nucleotide change" in the mitochondrial DNA gene T2387C, implying that this was the underlying cause of her manifested "features" of autism.

While it's true that some inherited forms of Mt disease can manifest as developmental delays, (and even ASD in the form of Rhett Syndrome) these forms are linked to identified genetic mutations, of which T2387C is not involved. In fact little, if anything, is known about the function of this particular gene.

What's more, there is no evidence that this girl, prior to vaccination, suffered from any kind of "disorder" at all- genetic, mitochondrial or otherwise. Some forms of Mt disease are so mild that the person is unaware of being affected. This perfectly developing girl may have had Mt disorder at the time of vaccination, but nobody detected, or even suspected it.

And, there is no evidence to suggest that this girl would have regressed into symptoms consistent with a DSM-IV autism diagnosis without her vaccinations. If there was such evidence, then why on earth would these extremely well-funded government attorneys compensate this alleged injury in Vaccine Court? Why wouldn't they move to dismiss, or at least fight the case at trial?

6) What are the implications for research?

The concession raises at least two critical research questions: What are the causes of Mt dysfunction; and how could vaccines aggravate that dysfunction to the point of "autistic features?"

While some Mt disorders are clearly inherited, the "sporadic" form is thought to account for 75% of all cases, according to the United Mitochondrial Disease Foundation. So what causes sporadic Mt disease? "Medicines or other toxins," says the Cleveland Clinic, a leading authority on the subject.

Use of the AIDS drug AZT, for example, can cause Mt disorders by deleting large segments of mitochondrial DNA. If that is the case, might other exposures to drugs or toxins (i.e., thimerosal, mercury in fish, air pollution, pesticides, live viruses) also cause sporadic Mt disease in certain subsets of children, through similar genotoxic mechanisms?

Among the prime cellular targets of mercury are mitochondria, and thimerosal-induced cell death has been associated with the depolarization of mitochondrial membrane, according to the International Journal of Molecular Medicine among several others. (Coincidently, the first case of Mt disease was diagnosed in 1959, just 15 years after the first autism case was named, and two decades after thimerosal's introduction as a vaccine preservative.)

Regardless of its cause, shouldn't HHS sponsor research into Mt disease and the biological mechanisms by which vaccines could aggravate the disorder? We still do not know what it was, exactly, about this girl's vaccines that aggravated her condition. Was it the thimerosal? The three live viruses? The two attenuated viruses? Other ingredients like aluminum? A combination of the above?

And of course, if vaccine injuries can aggravate Mt disease to the point of manifesting as autism features, then what other underlying disorders or conditions (genetic, autoimmune, allergic, etc.) might also be aggravated to the same extent?

7) What are the implications for medicine and public health?

Should the government develop and approve new treatments for "aggravated mitochondrial disease with ASD features?" Interestingly, many of the treatments currently deployed in Mt disease (i.e., coenzyme Q10, vitamin B-12, lipoic acid, biotin, dietary changes, etc.) are part of the alternative treatment regimen that many parents use on their children with ASD.

And, if a significant minority of autism cases can be linked to Mt disease and vaccines, shouldn't these products one day carry an FDA Black Box warning label, and shouldn't children with Mt disorders be exempt from mandatory immunization?

8) What are the implications for the vaccine-autism debate?

It's too early to tell. But this concession could conceivably make it more difficult for some officials to continue insisting there is "absolutely no link" between vaccines and autism.

It also puts the Federal Government's Vaccine Court defense strategy somewhat into jeopardy. DOJ lawyers and witnesses have argued that autism is genetic, with no evidence to support an environmental component. And, they insist, it's simply impossible to construct a chain of events linking immunizations to the disorder.

Government officials may need to rethink their legal strategy, as well as their public relations campaigns, given their own slightly contradictory concession in this case.

9) What is the bottom line here?

The public, (including world leaders) will demand to know what is going on inside the US Federal health establishment. Yes, as of now, n=1, a solitary vaccine-autism concession. But what if n=10% or 20%? Who will pay to clean up that mess?

The significance of this concession will unfortunately be fought over in the usual, vitriolic way -- and I fully expect to be slammed for even raising these questions. Despite that, the language of this concession cannot be changed, or swept away.

Its key words are "aggravated" and "manifested." Without the aggravation of the vaccines, it is uncertain that the manifestation would have occurred at all.

When a kid with peanut allergy eats a peanut and dies, we don't say "his underlying metabolic condition was significantly aggravated to the extent of manifesting as an anaphylactic shock with features of death."

No, we say the peanut killed the poor boy. Remove the peanut from the equation, and he would still be with us today.

Many people look forward to hearing more from HHS officials about why they are settling this claim. But whatever their explanation, they cannot change the fundamental facts of this extraordinary case:

The United State government is compensating at least one child for vaccine injuries that resulted in a diagnosis of autism.

And that is big news, no matter how you want to say it.

NOTE: Full text of the government's statement is posted here.

David Kirby is the author of "Evidence of Harm - Mercury in Vaccines and the Autism Epidemic, A Medical Controversy" (St. Martins Press 2005.

SPECIAL REPORT! Cause Of Autism Discovered...... And It's Not The Mercury!

By: Dr. Rebecca Carley Source: http://www.drcarley.com March 8, 2008

This is the update that has gone out to the thousands of people on my list.  I await the response of David Kirby and Dr Boyd Haley, who are receiving this e-mail as well. The following is the ammo by which Big Pharma can be brought to its knees.  I ask you to circulate it widely.  It is time for you to DEMAND that those promoting mercury as the cause of autism respond to what I have written below.  If the true intention of these people is to stop this epidemic in our children, then they should let go of their egos and admit that I have figured out the true cause.  Let me first encourage all of you to go to http://www.drcarley.com/the_big_picture.jpg ; you will see that I have ALWAYS said it is the BIG PICTURE of assaults to our immune systems (and mercury is there) which combine to cause disease, including autism.  But it is the corruption of the immune system caused by the inoculation of viruses which is the root cause of all autoimmune diseases and cancer...and once this information is in the hands of a critical mass of the people, we will put a stop to the biggest epidemic the world has ever known...VIDS (Vaccine Induced Diseases).  And the individuals who continue to promote mercury as the root cause in the face of this information will be exposed for being INTENTIONAL disinformers. Below is a verbatim copy of the US Government concession filed last November in a Court of Federal Claims case brought by a family claiming that mercury containing vaccines were the cause of the child's autism that is posted on David Kirby's blog at http://www.huffingtonpost.com/david-kirby/the-vaccineautism-court-_b_88558.html .  David Kirby, author of "Evidence of Harm", is one of the individuals  who is distracting the public that it is "all about the thimerosol".  The take home message therefore is that if the mercury were removed, vaccines would be safe.  A BIGGER LIE HAS NEVER BEEN TOLD; and my document "Inoculations the True Weapons of Mass Destruction" posted on www.drcarley.com describes the corruption of the immune system caused by the injection of viruses directly into the body, bypassing secretory IgA (an antibody in the upper GI and respiratory tracts critical for the processing of the germ by the immune system for natural immunity to occur). I was a guest with David Kirby on a radio show which is posted on my website at http://www.drcarley.com/kirby_vs_carley_autism.mp3 , on which I confronted him with the fact that autism is actually a non-fatal case of subacute sclerosing panencephalitis caused by demyelination following vaccine induced encephalitis, and that the name of the condition was changed to autism to hide this self evident fact.  I have sent Mr. Kirby copies of the documents on my website, and asked him multiple times to be a guest on one of my internet shows to discuss the "mercury vs demyelination" theories of autism.  He will not do so. What is truly amazing is that he is now mentioning live viruses amongst a plethora of other potential problems (see # 6 at http://www.huffingtonpost.com/david-kirby/government-concedes-vacci_b_88323.html)....but is he discussing the live viruses bypassing secretory IgA, causing vaccine induced encephalitis and subsequent demyelination?  NO...he is mentioning live viruses as a cause of mitochondrial damage.  So once again, we will now be distracted with this genetic mitochondrial defect...perhaps develop a test to find the children with this problem before they are vaccinated, when in fact genetic defects can also be caused by vaccines.  More confusion and distraction...rather than admitting that there is no such thing as a safe vaccine...and the practice should be abandoned altogether, and attention placed on strengthening the immune system.  Of course, since population reduction is the true agenda of the powers that be, not only will the vaccine push continue...but viruses are being developed to cause disease and cancer.  The mad scientists have to be stopped...and this WILL happen once enough people have opened their eyes. I urge all of you to carefully read this decision dated 11/9/07, in which this young girl won her case claiming vaccines caused her autism.  Note these important points: 1.  2 days after multiple vaccines (which included the MMR, which has NEVER had mercury), she developed a high fever, high pitched screaming, and was lethargic and irritable.  these are symptoms of VACCINE INDUCED ENCEPHALITIS, an inflammation of the brain caused by injection of LIVE VIRUSES (not from mercury).  2. She also began to arch her back when she cried (a sign of vaccine induced encephalitis, NOT mercury poisoning). 3.  She developed a POST-VARICELLA VACCINATION RASH (which proves that the vaccination GAVE HER THAT DISEASE). 4.  She was diagnosed with vaccine induced ENCEPHALOPATHY (degenerative disease of the brain)...as you will see below, mercury is involved in causing the degenerative disease Alzheimer's, NOT autism). 5.  She developed a SEIZURE DISORDER later on (go to the CDC website and look for the vaccine information statement on the MMR vaccine (which has never had mercury), and you will see that one of the side effects is LONG TERM SEIZURES. 6.  You will also note that they did genetic testing of the child and found that she has a genetic defect in her cellular energetics (Note that vaccines are known to cause GENETIC MUTATION due to insertion of plasmids of DNA from the viruses or tissues used to culture them; in fact, this is the whole basis on which DNA vaccines are designed).  7.  You will notice that although the white coat in this case went as far as to do genetic testing in this child, there were NO ANTI MYELIN OR ANTI NEURONAL FILAMENT LEVELS DONE; this IS the test that demonstrates demyelination before it is massive enough to show up on MRI's; and this IS the test that proves that autism is actually a non-fatal form of subacute sclerosing panencephalitis (which is why this test is almost never done).  Here is the decision (but please be sure to also read what I have written after it)...     IN THE UNITED STATES COURT OF FEDERAL CLAIMS     OFFICE OF SPECIAL MASTERS     CHILD, a minor,     by her Parents and Natural Guardians,     Petitioners,     v.     SECRETARY OF HEALTH AND HUMAN SERVICES,     Respondent.     RESPONDENT'S RULE 4(c) REPORT     In accordance with RCFC, Appendix B, Vaccine Rule 4(c), the Secretary of Health and Human Services submits the following response to the petition for compensation filed in this case.     FACTS     CHILD ("CHILD") was born on December --, 1998, and weighed eight pounds, ten ounces. Petitioners' Exhibit ("Pet. Ex.") 54 at 13. The pregnancy was complicated by gestational diabetes. Id. at 13. CHILD received her first Hepatitis B immunization on December 27, 1998. Pet. Ex. 31 at 2.     From January 26, 1999 through June 28, 1999, CHILD visited the Pediatric Center, in Catonsville, Maryland, for well-child examinations and minor complaints, including fever and eczema. Pet. Ex. 31 at 5-10, 19. During this time period, she received the following pediatric vaccinations, without incident:     Vaccine Dates Administered     Hep B 12/27/98; 1/26/99     IPV 3/12/99; 4/27/99     Hib 3/12/99; 4/27/99; 6/28/99     DTaP 3/12/99; 4/27/99; 6/28/99     Id. at 2. At seven months of age, CHILD was diagnosed with bilateral otitis media. Pet. Ex. 31 at 20. In the subsequent months between July 1999 and January 2000, she had frequent bouts of otitis media, which doctors treated with multiple antibiotics. Pet. Ex. 2 at 4. On December 3,1999, CHILD was seen by Karl Diehn, M.D., at Ear, Nose, and Throat Associates of the Greater Baltimore Medical Center ("ENT Associates"). Pet. Ex. 31 at 44. Dr. Diehn recommend that CHILD receive PE tubes for her "recurrent otitis media and serious otitis." Id. CHILD received PE tubes in January 2000. Pet. Ex. 24 at 7. Due to CHILD's otitis media, her mother did not allow CHILD to receive the standard 12 and 15 month childhood immunizations. Pet. Ex. 2 at 4. According to the medical records, CHILD consistently met her developmental milestones during the first eighteen months of her life. The record of an October 5, 1999 visit to the Pediatric Center notes that CHILD was mimicking sounds, crawling, and sitting. Pet. Ex. 31 at 9. The record of her 12-month pediatric examination notes that she was using the words "Mom" and "Dad," pulling herself up, and cruising. Id. at 10. At a July 19, 2000 pediatric visit, the pediatrician observed that CHILD "spoke well" and was "alert and active." Pet. Ex. 31 at 11. CHILD's mother reported that CHILD had regular bowel movements and slept through the night. Id. At the July 19, 2000 examination, CHILD received five vaccinations - DTaP, Hib, MMR, Varivax, and IPV. Id. at 2, 11. According to her mother's affidavit, CHILD developed a fever of 102.3 degrees two days after her immunizations and was lethargic, irritable, and cried for long periods of time. Pet. Ex. 2 at 6. She exhibited intermittent, high-pitched screaming and a decreased response to stimuli. Id. MOM spoke with the pediatrician, who told her that CHILD was having a normal reaction to her immunizations. Id. According to CHILD's mother, this behavior continued over the next ten days, and CHILD also began to arch her back when she cried. Id. On July 31, 2000, CHILD presented to the Pediatric Center with a 101-102 degree temperature, a diminished appetite, and small red dots on her chest. Pet. Ex. 31 at 28. The nurse practitioner recorded that CHILD was extremely irritable and inconsolable. Id. She was diagnosed with a post-varicella vaccination rash. Id. at 29. Two months later, on September 26, 2000, CHILD returned to the Pediatric Center with a temperature of 102 degrees, diarrhea, nasal discharge, a reduced appetite, and pulling at her left ear. Id. at 29. Two days later, on September 28, 2000, CHILD was again seen at the Pediatric Center because her diarrhea continued, she was congested, and her mother reported that CHILD was crying during urination. Id. at 32. On November 1, 2000, CHILD received bilateral PE tubes. Id. at 38. On November 13, 2000, a physician at ENT Associates noted that CHILD was "obviously hearing better" and her audiogram was normal. Id. at 38. On November 27, 2000, CHILD was seen at the Pediatric Center with complaints of diarrhea, vomiting, diminished energy, fever, and a rash on her cheek. Id. at 33. At a follow-up visit, on December 14, 2000, the doctor noted that CHILD had a possible speech delay. Id. CHILD was evaluated at the Howard County Infants and Toddlers Program, on November 17, 2000, and November 28, 2000, due to concerns about her language development. Pet. Ex. 19 at 2, 7. The assessment team observed deficits in CHILD's communication and social development. Id. at 6. CHILD's mother reported that CHILD had become less responsive to verbal direction in the previous four months and had lost some language skills. Id. At 2. On December 21, 2000, CHILD returned to ENT Associates because of an obstruction in her right ear and fussiness. Pet. Ex. 31 at 39. Dr. Grace Matesic identified a middle ear effusion and recorded that CHILD was having some balance issues and not progressing with her speech. Id. On December 27, 2000, CHILD visited ENT Associates, where Dr. Grace Matesic observed that CHILD's left PE tube was obstructed with crust. Pet. Ex. 14 at 6. The tube was replaced on January 17, 2001. Id. Dr. Andrew Zimmerman, a pediatric neurologist, evaluated CHILD at the Kennedy Krieger Children's Hospital Neurology Clinic ("Krieger Institute"), on February 8, 2001. Pet. Ex. 25 at 1. Dr. Zimmerman reported that after CHILD's immunizations of July 19, 2000, an "encephalopathy progressed to persistent loss of previously acquired language, eye contact, and relatedness." Id. He noted a disruption in CHILD's sleep patterns, persistent screaming and arching, the development of pica to foreign objects, and loose stools. Id. Dr. Zimmerman observed that CHILD watched the fluorescent lights repeatedly during the examination and would not make eye contact. Id. He diagnosed CHILD with "regressive encephalopathy with features consistent with an autistic spectrum disorder, following normal development." Id. At 2. Dr. Zimmerman ordered genetic testing, a magnetic resonance imaging test ("MRI"), and an electroencephalogram ("EEG"). Id. Dr. Zimmerman referred CHILD to the Krieger Institute's Occupational Therapy Clinic and the Center for Autism and Related Disorders ("CARDS"). Pet. Ex. 25 at 40. She was evaluated at the Occupational Therapy Clinic by Stacey Merenstein, OTR/L, on February 23, 2001. Id. The evaluation report summarized that CHILD had deficits in "many areas of sensory processing which decrease[d] her ability to interpret sensory input and influence[d] her motor performance as a result." Id. at 45. CHILD was evaluated by Alice Kau and Kelley Duff, on May 16, 2001, at CARDS. Pet. Ex. 25 at 17. The clinicians concluded that CHILD was developmentally delayed and demonstrated features of autistic disorder. Id. at 22. CHILD returned to Dr. Zimmerman, on May 17, 2001, for a follow-up consultation. Pet. Ex. 25 at 4. An overnight EEG, performed on April 6, 2001, showed no seizure discharges. Id. at 16. An MRI, performed on March 14, 2001, was normal. Pet. Ex. 24 at 16. A G-band test revealed a normal karyotype. Pet. Ex. 25 at 16. Laboratory studies, however, strongly indicated an underlying mitochondrial disorder. Id. at 4. Dr. Zimmerman referred CHILD for a neurogenetics consultation to evaluate her abnormal metabolic test results. Pet. Ex. 25 at 8. CHILD met with Dr. Richard Kelley, a specialist in neurogenetics, on May 22, 2001, at the Krieger Institute. Id. In his assessment, Dr. Kelley affirmed that CHILD's history and lab results were consistent with "an etiologically unexplained metabolic disorder that appear[ed] to be a common cause of developmental regression." Id. at 7. He continued to note that children with biochemical profiles similar to CHILD's develop normally until sometime between the first and second year of life when their metabolic pattern becomes apparent, at which time they developmentally regress. Id. Dr. Kelley described this condition as "mitochondrial PPD." Id. On October 4, 2001, Dr. John Schoffner, at Horizon Molecular Medicine in Norcross, Georgia, examined CHILD to assess whether her clinical manifestations were related to a defect in cellular energetics. Pet. Ex. 16 at 26. After reviewing her history, Dr. Schoffner agreed that the previous metabolic testing was "suggestive of a defect in cellular energetics." Id. Dr. Schoffner recommended a muscle biopsy, genetic testing, metabolic testing, and cell culture based testing. Id. at 36. A CSF organic acids test, on January 8, 2002, displayed an increased lactate to pyruvate ratio of 28,1 which can be seen in disorders of mitochondrial oxidative phosphorylation. Id. at 22. A muscle biopsy test for oxidative phosphorylation disease revealed abnormal results for Type One and Three. Id. at 3. The most prominent findings were scattered atrophic myofibers that were mostly type one oxidative phosphorylation dependent myofibers, mild increase in lipid in selected myofibers, and occasional myofiber with reduced cytochrome c oxidase activity. Id. at 7. After reviewing these laboratory results, Dr. Schoffner diagnosed CHILD with oxidative phosphorylation disease. Id. at 3. In February 2004, a mitochondrial DNA ("mtDNA") point mutation analysis revealed a single nucleotide change in the 16S ribosomal RNA gene (T2387C). Id. at 11. CHILD returned to the Krieger Institute, on July 7, 2004, for a follow-up evaluation with Dr. Zimmerman. Pet. Ex. 57 at 9. He reported CHILD "had done very well" with treatment for a mitochondrial dysfunction. Dr. Zimmerman concluded that CHILD would continue to require services in speech, occupational, physical, and behavioral therapy. Id. On April 14, 2006, CHILD was brought by ambulance to Athens Regional Hospital and developed a tonic seizure en route. Pet. Ex. 10 at 38. An EEG showed diffuse slowing. Id. At 40. She was diagnosed with having experienced a prolonged complex partial seizure and transferred to Scottish Rite Hospital. Id. at 39, 44. She experienced no more seizures while at Scottish Rite Hospital and was discharged on the medications Trileptal and Diastal. Id. at 44. A follow-up MRI of the brain, on June 16, 2006, was normal with evidence of a left mastoiditis manifested by distortion of the air cells. Id. at 36. An EEG, performed on August 15, 2006, showed "rhythmic epileptiform discharges in the right temporal region and then focal slowing during a witnessed clinical seizure." Id. At 37. CHILD continues to suffer from a seizure disorder.     ANALYSIS Medical personnel at the Division of Vaccine Injury Compensation, Department of Health and Human Services (DVIC) have reviewed the facts of this case, as presented by the petition, medical records, and affidavits. After a thorough review, DVIC has concluded that compensation is appropriate in this case. In sum, DVIC has concluded that the facts of this case meet the statutory criteria for demonstrating that the vaccinations CHILD received on July 19, 2000, significantly aggravated an underlying mitochondrial disorder, which predisposed her to deficits in cellular energy metabolism, and manifested as a regressive encephalopathy with features of autism spectrum disorder. Therefore, respondent recommends that compensation be awarded to petitioners in accordance with 42 U.S.C. § 300aa-11(c)(1)(C)(ii).     DVIC has concluded that CHILD's complex partial seizure disorder, with an onset of almost six years after her July 19, 2000 vaccinations, is not related to a vaccine-injury.     Respectfully submitted,     PETER D. KEISLER     Assistant Attorney General     TIMOTHY P. GARREN     Director     Torts Branch, Civil Division     MARK W. ROGERS     Deputy Director     Torts Branch, Civil Division     VINCENT J. MATANOSKI     Assistant Director     Torts Branch, Civil Division     s/ Linda S. Renzi by s/ Lynn E. Ricciardella     LINDA S. RENZI     Senior Trial Counsel     Torts Branch, Civil Division     U.S. Department of Justice     P.O. Box 146     Benjamin Franklin Station     Washington, D.C. 20044     (202) 616-4133     DATE: November 9, 2007 PS: On Friday, February 22, HHS conceded that this child's complex partial seizure disorder was also caused by her vaccines. Now we the taxpayers will award this family compensation to finance her seizure medication. Surely ALL decent people can agree that is a good thing. By the way, it''s worth noting that her seizures did not begin until six years after the date of vaccination, yet the government acknowledges they were, indeed, linked to the immunizations of July, 2000, - David Kirby Now I am going to prove to you, BEYOND A SHADOW OF A DOUBT, that mercury is a distraction in the case of autism: Please go to http://healthtruthrevealed.com/audio-interviews.php , click on "inoculations the true weapons of mass destruction", and listen to the interview I did on this very subject on 3/4/08.  You will hear Greg Ciola mention research done at the University of Calgary regarding mercury's effect on brain neurons, and I thank him for sending me a link to this information.  He also mentions an interview he did with John Moore, a researcher in the dangers of mercury who himself was severely injured by mercury poisoning due to multiple amalgam fillings.  His interview is posted at http://healthtruthrevealed.com/full-page.php?id=39&&page=news .  You will read on page 16 that Mr. Moore states that the research done at the University of Calgary shows "the myelin sheathing simply stripped away from the nerve".  Now, go to http://www.youtube.com/watch?v=85tgwh3HpsM ; this is CRITICAL.  You will hear and see the effect of mercury on brain neurons demonstrated by the University of Calgary which Mr. Moore refers to.  Mercury causes DEATH of the nerve's axon, as the actin & tubulin which make up the neurofibrils are destroyed when mercury binds to the tubulin molecules, causing the neurofibril to collapse, and some neurofibrils form aggregates or tangles.  THIS IS THE KEY DIAGNOSTIC FEATURE SEEN IN ALZHEIMER'S DISEASE; NOT AUTISM!  You will also notice that these neurons in a culture dish do not have myelin on then; in fact, THE MYELIN SHEATH IS NOT EVEN MENTIONED IN THIS VIDEO.  (Side note - when the brains of Alzheimer's patients are studied microscopically, ALUMINUM is found in the middle of these neurofibrillary tangles). I also encourage you to go to http://video.google.com/videoplay?docid=1803137818942286763 , and hear Dr Boyd Haley discuss autism & thimerosol (be sure to watch all 4 videos in this series).  Dr Haley blames thimerosol for Gulf War Syndrome (GWS) as well as autism. I have done many shows on GWS, which has many factors; Gulf War PLAGUE (the infectious component of the SYNDROME) is due to mycoplasma incognitas which was in the vaccines given to the soldiers.  As explained in my document "Inoculation the true weapons of mass destruction" at www.drcarley.com , the injection of vaccines corrupts the immune system and prevents any infective agent from being eliminated from the body.  GWS has many other aspects to it; depleted uranium, pyridostigmine pills given to the soldiers, aspartame in their beverages, etc.  To blame thimerosol solely for GWS is disinformation in its highest form.  Dr. Haley brings up the work of Dr Andrew Wakefield, whose medical license was attacked because he demonstrated measles virus in the lymphoid patches in the guts of autistic children.  DR. BOYD ADMITS HE DID NOT EVEN STUDY THE MEASLES VIRUS.  Although Dr Wakefield did not realize that these viruses' significance  as a chronic infection is that this leads to a constant production of anti-measles antibody which, through molecular mimicry, then attackes the myelin sheath (causing demyelination), he was attacked because his work supports my work; especially since the MMR has NEVER HAD MERCURY.  Dr. Haley's work reinforces the notion that if you take mercury out of vaccines, they will be safe.  My work proves there is NO SUCH THING as a safe vaccine, due to the corruption of the immune system caused by injection of live viruses. Dr. Haley also discusses how antibiotics further accelerate the damage in these children.  The question he does not address is why are the vaccinated children on antibiotics?  Answer...because they have chronic infection caused by inoculation of live viruses; as quoted from Harrison's principles of medicine in my response to the CDC (also on my website), "RARELY IS PREVENTION OF INFECTION PER SE CONSIDERED TO BE AN IMPORTANT GOAL OF VACCINATION.  In fact, asymptomatic infection after vaccination can serve to enhance and prolong the immune response".  (And this prolonged immune response IS prolonged production of anti-measles antibody which then continue to attack the myelin sheath, causing demyelination).  As I also quote from Harrison's in my CDC response the symptoms of subacute sclerosing panencephalitis (SSPE), you will see that autism is a non-fatal form of SSPE.  The way Dr. Haley gets around the fact that almost every parent reports their child descended into autism following their MMR shot is by saying that the children received OTHER vaccines containing mercury at the same time as they received the MMR. Dr. Haley also discusses how mercury is more toxic in children with immune disorders.  Where did these immune disorders come from?  From the corruption of the immune system caused by the inoculation of live viruses.  He also discusses that mercury can cause toxicity which affects genetics by decreased methylation of DNA & RNA.  However, no mention is made of the genetic mutations caused by injection of plasmids of DNA from the  organisms themselves and the tissues that the viruses are cultured on, which is the whole basis of DNA vaccines.  That is why this court case focuses on the fact that the child had a genetic defect which caused mitochondrial dysfunction.  Where this defect originated is not discussed...injection of foreign DNA in prior vaccines (You will note in the court decision that the parents were not tested for this defect, as that would have proven that this is NOT an inherited genetic defect, but rather a mutation that occurred in this child de novo). Lastly, Dr. also states that oral vaccines would be safer, but does not say this is because of the secretory IgA causing proper handling of the antigen (as also explained in my inoculation paper), leading to life long NATURAL immunity.  Of course, if all vaccines were made into oral forms, people may then ask the hard question...SO WHY ISN'T NATURAL EXPOSURE TO THESE VIRUSES THE BEST WAY TO GO?  This question would stop vaccine production altogether, which would stop the creation of all autoimmune diseases and cancer, which would shut down Big Pharma.  THAT IS THE POTENTIAL OF MY INFORMATION; which is why the medical mafia has gone as far as taking my only child, not just my medical license as they tried with Dr. Wakefield in an attempt to shut me down. Can you handle knowing the fact that all this is being done to the children ON PURPOSE?  Then go here and listen to the 2nd hour of my interview on 3/5/08 with Dr. True Ott, where he discusses how the history of MediSIN goes back to the 1600's as detailed in the Magnum Opus, with the creation of amulets by sacrificing animals and mixing their blood with mercurial compounds TO CAST A SPELL AND CONTROL THE MINDS OF THE POPULATIONS (Dr Ott discusses this starting at 13 minutes of the 2nd hour of our interview).  He explains how the origins of the word "pharmaceutical" in Latin is "pharmakia", which translates to "SORCERY".  Yes, folks...you have now entered the rabbit hole...because nothing has changed since the 1600's. I have been trying for 10 years to stop the vaccination holocaust on people and pets.  I have proven, with the quoted studies and works of the "mercury causes autism" disinformers themselves, that it is NOT MERCURY WHICH CAUSES AUTISM.  I leave it up to you to forward this e-mail to all the individuals and groups which promote mercury as the cause of autism, so you will see for YOURSELVES who is intentionally misleading you, vs. who was misguided.  You will know which is the case by whether or not they respond.  SILENCE IS CONSENT that I am right; and if they do not join with me to stop this holocaust altogether, you must then ask yourself WHY.  IT IS TIME FOR THOSE WITH HONORABLE INTENTIONS TO JOIN WITH ME TO STOP THIS EPIDEMIC OF VIDS.  Let's roll.... Namaste, Dr Carley