Posts Tagged ‘vaccines’

Thimerosal Disappears but Autism Remains

That’s the title of this commentary in the latest issue of Archives of General Psychiatry. The author, Dr. Eric Fombonne of Montreal Children’s Hospital, provides his two cents regarding a new study in the same issue: Continuing Increases in Autism Reported to California’s Developmental Services System: Mercury in Retrograde. In sum, as Dr. Frombonne concludes:

The study by Schechter and Grether in this issue of the Archives provides additional evidence of the lack of association between thimerosal exposure and the risk of autism in the US population. Using an ecologic design and data from the California Department of Developmental Services, the authors showed that the prevalence rate of autism increased continuously during the study period even after the discontinuation of the use of thimerosal in US vaccines in 2001. Had there been any risk association between thimerosal-containing vaccines and autism, the rate of autism should have decreased in young children between 2004 and 2007. Instead, the rate increase did not attenuate, indicating that thimerosal exposure bears no relationship to the risk of autism.

Whatever the science says, there’s at least three reasons why people continue to believe in a vaccine-autism link. Yet like the Vioxx litigation, science only gets you so far once litigation is introduced to the mix.

Stories that shouldn’t get away, part I

A guestblogger will be joining us momentarily, and I’ll be posting less over the holidays. Meanwhile, my pipeline is still backed up with items from the past year that deserve a more serious treatment than a hurried roundup mention permits. Here are four of them:

  • More docs moving to Texas? Watch out, they must be quacks! After the New York Times reported that doctors seemed to be showing fresh interest in practicing in Texas since its enactment of litigation reforms, our frequent sparring partner Eric Turkewitz of New York Personal Injury Law Blog quickly countered by noting that disciplinary actions in the state are way up, and — quite a jump here — concluded with a suggestion that the newly arriving docs must be causing quality problems. Among bloggers who took this idea and ran with it: Phillip Martin of Burnt Orange Report. Then Prof. Childs had to spoil the fun by asking whether the doctors being disciplined were in fact newcomers to the state and found that, to judge by an initial sampling, no, they’re not. And the medical blogs then knocked the remaining props out from under the reform-made-care-worse theory by linking to coverage documenting how the increase in disciplinary actions reflected the Texas medical board’s concerted recent effort to get tough on doctors — too tough, said many critics. In other words, the Texas medical profession was doing exactly what many skeptics demanded it do — submit to stricter oversight in exchange for liability reform — and now that very submission was being cited as if it proved that standards of care were slipping.
  • Uninjured car owners can sue GM over seatbacks. No class members claim to have been injured, but Maryland appeals court allows class action over cost of replacing allegedly weak seatbacks in GM cars. [DLA Piper; opinion, PDF; Maryland Courts Watcher]
  • The litigious stylings of Jonathan Lee Riches. We mostly ignore litigants who file handwritten pleadings from prison cells complaining of obviously hallucinated events, but there’s no getting around it: the South Carolina convict has become a pop culture phenomenon with his scores of lawsuits against sports figures, President Bush, Perez Hilton, William Lerach and Elvis Presley over a host of imagined legal injuries. Some of the coverage: The Smoking Gun, Dreadnaught, Deadspin, Justia, Above the Law. He even has several Facebook fan groups.
  • Taxpayers and vaccine-compensation lawyers. Under the federally enacted vaccine-compensation program, notes Kathleen Seidel, “a petitioner who brings a claim in good faith is entitled to reimbursement for reasonable attorneys’ fees and costs, regardless of whether the claim is successful.” (Forget about loser-pays; this ensures that taxpayer-defendants can win but pay the other side’s fees anyway.) What sorts of bills do you think attorneys file for reimbursement under those circumstances? Yep, very optimistic bills, in which they expect taxpayers to shell out for their attendance at “advocacy group meetings, and attendance at a conference of trial lawyers representing autism plaintiffs”. In this case, HHS successfully appealed (PDF) an order that it pay the fees. Seidel’s Neurodiversity blog offers a remarkable trove of insight into litigation relating to autism causation theories, vaccines and thimerosal, and this post is no exception. (Updated to include links.)
More stories that shouldn’t get away in another post to come.

October 25 roundup

  • Lawyer for Mothers Against Drunk Driving: better not call yourself Mothers Against Anything Else without our say-so [Phoenix New Times]
  • Ohio insurer agrees to refund $51 million in premiums, but it’s a mutual, so money’s more or less moving from customers’ left to right pockets — except for a big chunk payable to charity, and $16 million to you-know-who [Business First of Columbus; Grange Mutual Casualty]
  • Sources say Judge Pearson, of pants suit fame, isn’t getting reappointed to his D.C. administrative law judge post [WaPo]
  • Between tighter safety rules and rising liability costs, more British towns are having to do without Christmas light displays [Telegraph]
  • So strong are the incentives to settle class-action securities suits that only four have been tried to a verdict in past twelve years [WSJ law blog]. More: D&O Diary.
  • It’s so cute when a family’s small kids all max out at exactly the same $2,300 donation to a candidate, like when they dress in matching outfits or something [WaPo via Althouse]
  • Idea of SueEasy.com website for potential injury plaintiffs [Oct. 19] deemed “incredibly stupid” [Turkewitz]
  • New at Point of Law: med-mal reports from Texas and Colorado; Lynne-Stewart-at-Hofstra wrap-up (more); immune to reason on vaccines; turning tax informants into bounty-hunters?; and much more;
  • $800,000 race-bias suit filed after restaurant declines to provide free extra lemons with water [Madison County Record]
  • Settling disabled-rights suit, biggest card banking network agrees to install voice-guidance systems on 30,000 ATMs to assist blind customers [NFB]
  • Think twice before publishing “ratings” of Pennsylvania judges [six years ago on Overlawyered]

Thimerosal trials begin

The quack theory that thimerosal causes autism is getting a hearing in trials in Federal Claims Court in June, with the possibility of bankrupting the vaccine compensation program, and substantially hurting public health as a consequence. Slate has coverage, but underplays the role of plaintiffs’ lawyers in the bogus activism. Trial lawyers looking for a cash cow have seized upon the quackery, and, with the help of unethical shills like Robert F. Kennedy, Jr., have dissuaded parents from vaccinations across the country, leading to new disease hot spots. Remember that the next time you hear the plaintiffs’ bar (falsely) taking credit for safety innovations that have saved lives. Earlier: Jul. 16 and other Overlawyered coverage; and Point of Law coverage. Orac has regularly blogged on the issue, and his April 30 entry is also worth reading.

John Stossel on vaccine scares

It was one of the topics of his prime-time special last Friday:

[Attorney Allen] McDowell is now debating whether to file new lawsuits claiming that vaccines cause autism. I said to him, “You scare people and make money off it!” After a pause, he replied, “True.”

(“The Fear Industrial Complex”, syndicated/RealClearPolitics, Feb. 28; Autism Diva, Feb. 23 and Feb. 24). More: Mar. 8, 2006 and many others.

February 20 roundup

  • Trucker-friendly Arizona legislature declines to ban naked lady mudflaps [NBC4.com; Houstonist]
  • Crumb of approbation dept.: I’m “[not] as unreasonable as most of the tort-reform crowd” [Petit]
  • Sponsors of large banquets in D.C. must pay to have a paramedic on hand even when the banquet crowd consists of doctors [ShopFloor]
  • Homeowner’s insurance doesn’t cover homewrecking: umbrella policy doesn’t create duty to defend lawsuit claiming the insured broke up someone’s marriage (Pins v. State Farm (PDF), S. Dak., Mayerson via Elefant)
  • New York mag on RFK Jr.: Is there some law saying all press profiles of America’s Most Irresponsible Public Figure® must be weirdly softball in nature and glide over his embarrassing book and rants, his Osama-pig farm lunacy, his anti-vaccine humbug, his trial-lawyer entanglements and even the wind farm flap?
  • Australia court rules Muslim prison inmate suffered discrimination and deserves money for being served canned halal meat rather than fresh [The Australian]
  • High medical costs and their causes: am I listening? [Coyote]
  • Economists may puzzle their heads over the ultimate incidence of business taxes, but in Wisconsin it’s whatever Gov. Jim Doyle says it is [Krumm via Taranto]
  • Feds may punish Red Sox pitcher Matsuzaka for doing a beer ad in Japan, where it’s perfectly legal for athletes to appear in such [To The People]
  • Guns in company parking lots: still one of the rare issues where the ABA manages to be righter than the NRA [AP/CBSNews.com; see Apr. 6, 2006]
  • Thanks, NYC taxpayers: Brooklyn jury awards $16 million against city in case where drugged-up motorist jumped sidewalk and ran over pedestrians, later blaming the accident on a city sanitation truck [seven years ago on Overlawyered]

Do new studies portend litigation rationality on vaccines?

Orac, whose blog has done much to rebut vaccine conspiracy theories published in the mainstream media, expresses hope (via Childs) that a new study showing the likelihood of autism increases with the age of the father will add to the weight of evidence showing that autism is genetic, rather than caused by vaccines.

Of course, Orac is presuming that litigation-driven theories and for-hire-expert testimony have any basis in rationality or science. We have known for nearly twenty years that “sudden acceleration” is much more likely to occur to elderly, new, or very short drivers, and demonstrating conclusively that it is purely a function of pedal misapplication, yet we still see lawsuits (and verdicts!) today alleging that (apparently age-discriminating) magnetic interference with defective cruise control causes accidents (e.g., Aug. 7).

Vioxx coverage (and more) at Point of Law

For comprehensive coverage of this week’s verdicts in lawsuits against Merck, see Point of Law. In particular, Ted corrects reporters who keep passing on ill-informed assertions that the Cona/McDarby results are going to preclude Merck from raising its earlier defenses in the thousands of Vioxx cases yet to come, and that that New Jersey cases are being heard in “Merck’s home court“.

Other things you’ve been missing if you don’t check our sister site regularly:

* New regular contributors include Larry Ribstein (Ideoblog), Tom Kirkendall (Houston’s Clear Thinkers), and Sam Munson (Manhattan Institute);

* Theodore Dalrymple on a new history of vaccine litigation;

* Jim Copland on Rep. Cynthia McKinney and a class action on behalf of Capitol police;

* Ted on the Supreme Court’s recent Dabit decision on state-court securities suits (here and here); and on a new med-mal study;

* Michael Krauss on a tort suit in the U.S. against ExxonMobil over abuses by the Indonesian military;

* Jonathan B. Wilson on offer-of-judgment reform in Georgia (and more); and joint-and-several-liability reform in Pennsylvania, just vetoed by that state’s Gov. Ed Rendell;

* Posts by me nominating an Arizona lawprof for “the worst and most tendentious analogy in the history of the liability debate”; on doctors’ Good Samaritan liability; a ruling in the New York school finance case, an AG who dissents from his brethren on the tobacco deal; the Rhode Island lead paint verdict (here, here, etc.); Seventh Circuit judge Diane Sykes criticizes the Wisconsin Supreme Court; and lost-overtime suits on behalf of $400,000-a-year stockbrokers. And, of course, much much more — bookmark the site today.