Legal Issues Concerning Vaccinations

by Marlene Gundlach on August 26, 2008

There was a court ruling in March 2008 about a case involving autism and vaccinations. Parents also have to be aware of their child’s legal right to an appropriate educational program. Being informed of your autistic child’s rights will help you pave a smooth way for future success.

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.

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