Defending The People's Right To Know

December 18, 2002

Local Mom Battles Bush Attorneys Over Son's Illness

Parents Face Quandary Over Vaccine Rider

Picture this: You're the parent of a child who has autism or related symptoms.  You believe that the child's condition has been brought on by a series of vaccination shots.  However, it took so long to diagnose the problem that the current programs will not pay for the child to get any help and the help you need costs about $500.00 a week.  So you find a law firm and sue the manufacturers of the vaccine.  However, the Homeland Security Bill ends your suit with a little known rider that's attached at the last minute.  Next, attorneys for the Bush Administration ask a federal court to seal the contents of your current lawsuit, which, if granted, will end all hope of a future suit.

Sound like a conspiracy novel?  It's not.  That's the position that the Carson family of Leicester, North Carolina finds themselves in, along with hundreds of other families that are convinced that vaccines received by their children have caused lasting damage to their children's bodies, brains and nervous systems.  Stacy and Amy Carson's six-year-old son, Kit, was born "healthy as a horse" as the saying goes, but at about one year old doctors told Amy that Kit's speech wasn't progressing and that she needed to seek help.

Amy wasn't too concerned until at almost two years of age he was still not progressing.
At two years old, doctors diagnosed Kit with autism or some such related illness.  Amy believes that Kit's vaccinations caused his condition.  Being a former member of the military, Amy took matters into her own hands and began doing research and found that many vaccines use Thimerosal as a preservative.

Thimerosal is 49.6% mercury by weight, and mercury is a known toxin.  Thimerosal used to be used as a preservative in contact lense solution, but manufacturers were forced to take it out because it irritated mucus membranes.  Amy says there is research that proves a link between mercury and autism.

In 1999, the Federal Drug Administration (FDA) banned the use of Thimerosal in child vaccines, but their action for some was too late.  Between more shots and an earlier schedule for children to have those shots, Amy said the mercury wreaked havoc on children.

An increase in autism cases supports Amy's conclusion.  According to Congressman Dan Burton (Rep), who has a grandson who has been affected by the vaccines and now has autism, 20 years ago only 1 in 10,000 children was diagnosed with the illness.  Today, the number is 1 in 150.

Years ago, Congress established a fund for victims of these vaccines called the Vaccine Injury Compensation Program (NVICP).  Here's what the NVICP was supposed to do:
The National Childhood Vaccine Injury Act of 1986 (PL-99-660) is a vaccine safety and compensation system which (1) created a no-fault compensation alternative to suing vaccine manufacturers and providers on behalf of citizens injured or killed by vaccines; (2) helps prevent future vaccine injuries through education and an adverse reaction reporting system; and (3) creates incentives for the production of safer vaccines.

Compensation is divided into two parts:
1) Injuries or deaths prior to October 1, 1988 (no matter how long ago the injury occurred):
* A citizen may choose to pursue a lawsuit unrestricted.
* A citizen could have filed a claim in the compensation by January 31, 1991.
* If the claim was not filed by 1/31/91, the statute of limitations has run out.

2) Injuries or deaths occurring after October 1, 1988:
* A citizen is required to apply for federal compensation prior to pursuing a     lawsuit.
* The system will offer to pay up to $250,000 for a vaccine associated death.
* The system will offer to pay for all past and future unreimbursed medical expenses, custodial and nursing home care; up to $250,000 pain and suffering; and loss of earned income.
* If a citizen rejects the award or is turned down; a lawsuit may be filed.
* Claims must be filed within 24 months of a death and 36 months of an injury.
* Restrictions may apply to lawsuits.
* The system is funded by a surcharge on each dose of vaccine sold.

Sounds easy enough - except for a couple of major problems.
First, according to Amy, the 36 month time limit to file claims is too short.  A lot children - like her son Kit - don't get diagnosed until after the claim period is up.
The next biggest problem.  The program is supposed to be a non-adversarial process, meaning you make a claim, all without the aid of a lawyer.  However, the program currently has an 87% denial rate, and those who do collect a claim end up paying a lawyer to help them.

Now, the Homeland Security Bill, which was supposed to help secure the country from terrorists, threatens to end all hope of securing a brighter future for Kit and others like him.
A hidden rider attached at the last minute to the bill basically took away the Carsons' right to have their day in court by protecting pharmaceutical companies from Thimerosal litigation.

Congressman Burton said that rider was added so late that he did not know it was in the bill and ended up voting for it.  After he found out and inquired where the rider came from, Congressman Dick Army said that the White House asked it be placed in the bill.  However, no one can find out who asked for it.

On top of that, the Bush Administration last month asked a federal court to seal hundreds of lawsuits claiming autism and related damages against vaccine manufacturers.  A decision to seal these records effectively end the Carsons' hopes of trying to get financial help for their son's illness, since they currently have a case pending before the court.
"If Thimerosal is harmless, why do they need to hide behind the Homeland Security rider?  Why do they need the records sealed?" asked Amy.

Amy says she been in touch with Congressman Taylor's office and they are working on her case, but nothing has been resolved as of yet.

Story filed by Clint Parker of the Tribune

Also take a look at mercury poisoning in other news stories from around the country in the national news section.