The Ferrari family had asked the Court to rule that the vaccine maker, American Home Products Corp. (now Wyeth), was liable for damages involving their son, Stefan. Their son was a talkative toddler, and after he received a round of shots at the age of 18 months, that all changed. The boy is now 10 years old, and has not spoken since receiving the shots.

Vaccine manufacturers are up in arms about the decision. The main argument is that seven other state courts have ruled that federal laws pre-empt state laws giving families the right to fight vaccine companies. The Georgia Court of Appeals is the first appellate court to rule that federal law does not take precedence over state tort rules, claiming that the law is unclear.

Vaccine manufacturers have the protection of the federal law so that they are not subjected to a wide variety of state mandates. The vaccine company plans on appealing the decision, stating that the Georgia Court’s decision does not allow for a “uniform procedure to handle claims.” The attorney for the Ferrari family contends that federal law is in place to supplement state law, not replace it. The ruling in favor of the Ferrari family upholds the idea that vaccine manufacturers must prove on a case-by-case basis that vaccines are not responsible for severe side effects in children.

This is a victory for families who firmly believe that, despite claims by the Centers for Disease Control, the thimerosal in vaccines is linked to autism.

You first need to evaluate your needs. There are two main situations where a family may seek guidance from an attorney when autism is involved. The first situation may involve a child who does not receive the proper type of educational services. In many cases, you can file appeals with your State Board of Education to appeal any decisions you find unfair. This can be done without the help of an attorney, but if you feel that your child’s needs still aren’t being met and your appeals are not producing the desired result, an attorney who specializes in special education rights and advocacy may be able to provide you with some firepower.

If a family believes that vaccines have caused their child to develop autism, they can file a claim under the National Vaccination Injury Compensation Program (VICP). Often though, families are bypassing this step and are filing lawsuits. Under the current system, vaccine injury claims need to be evaluated by the federal compensation program before they go to trial. If a family is denied their claim or is not satisfied with the award, then they may choose to take their case to court, as Hannah Poling’s family did.

Statute of Limitations

Currently, claims for vaccine-related injuries must be filed within three years. If a vaccination is linked to the death of a child, the statute of limitations is only two years. This is not a well known fact, and many are pushing for change. Families with autistic children are pressuring Congress to extend the statute of limitations to allow children affected by vaccine-induced autism to have lawsuits filed on their behalf until they reach adulthood. Often, it takes a long time for these families to obtain a proper diagnosis, and then to find the money to file claims and hire the experts necessary to achieve the proper documentation. If you have concerns or questions, you need to seek legal guidance immediately to protect both you and your autistic child.

If you would like assistance finding a competent attorney in your area to help you with your child’s health concerns, please fill in the form at the upper right to contact us for a referral.

As presented on this website’s page entitled educational options, if your autistic child meets eligibility requirements, he or she has the right to access an educationally appropriate program. To determine the program applicable for your child, an assessment will be conducted. It is important to ask for the qualifications of the person performing the assessment. By law, standardized tests must be administered by a trained and knowledgeable educator. Also, check your individual state laws outlining the applicable timeline when it comes to performing assessments. You will find that the school may have a set number of days to complete the assessment process.

If you do not agree with the decision presented by those at your child’s school, you also have the right to have an assessment completed by a private expert. This will have to be done at your cost, but it may be a step you need to take to ensure the school provides your child with the necessary services.

Documentation

Anytime you contact the school or any other agency about your child and his/her educational future, be sure to do so in writing. This will allow you to keep a record of what you requested and when the request was made. Keeping accurate documentation is important should you need to provide evidence in the case you have to file a grievance with the school. Take notes at meetings as well. You will be given so much information and will never be able to accurately digest it all in one sitting. Detailed notes will provide reference should you have questions in the future.

Autistic children cannot fight for themselves, so you, the parents, need to know what programs are available to support and provide help for your child. Whether the needs are health related or involve the education process, stay informed with the latest programs and statutes that will have a direct affect on your particular situation.

If you would like assistance finding a competent attorney in your area to help you with your child’s health concerns, please fill in the form at the upper right to contact us for a referral.

Vaccines and Autism

In March 2008, a Georgia court ruled that Hannah Poling’s pre-existing mitochondrial disorder was aggravated by vaccinations. Hannah was developing normally and after receiving a batch of vaccinations she became ill and regressed. The once exhuberant 19-month-old little girl, lost her words; any eye contact with her parents; and began exhibiting repetitive behaviors typical of an autistic child. Hanna’s health deteriorated right in front of her parents eyes and she never was the same again. It is important to note that the United Mitochondrial Disease Foundation released a statement claiming that they have not seen any documentation that proves vaccines cause mitochondrial disease to worsen.

Hannah’s case was the first where federal authorities admitted a connection between autistic symptoms and vaccines. Medical evaluators at the Department of Health and Human Services made this determination and recommended that the Poling family receive compensation for her injuries. The panel said that Hannah’s underlying mitochondrial disorder was triggered by her vaccinations and caused brain damage that ultimately resulted in an autism spectrum disorder (ASD).

Damages in these types of cases are awarded through the National Vaccine Injury Compensation Program (VICP). This program was established in October of 1988 to ensure an adequate supply of vaccinations; to stabilize vaccine costs as well as to provide a forum for addressing cases where individuals were injured by vaccines. Beginning in 2001, parents began filing claims under the VICP claiming that childhood vaccinations contributed to autism spectrum disorders.

In Hannah’s case, in 2000, thimerosal was still in use and she received an unusual number of vaccines at once. Because of a series of illnesses, she was behind in her vaccination schedule and received five shots in one visit. Some individuals are afraid that cases like this will make parents afraid to vaccinate their children. Vaccines do provide important protection from disease, and parents need to stay informed and make the best decisions for their children. Officials also shared that this ruling did not make a statement that vaccines are the cause of autism.

If you would like assistance finding a competent attorney in your area to help you with your child’s health concerns, please fill in the form at the upper right to contact us for a referral.