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When Judges Play Doctor (Why We Need Tort Reform)
Wall Street Journal ^ | February 9, 2004 12:03 a.m. | By PAUL A. OFFIT

Posted on 02/09/2004 9:14:40 AM PST by shrinkermd

Edited on 04/22/2004 11:51:03 PM PDT by Jim Robinson. [history]

In the spring of 2001, thimerosal (an ethylmercury-containing preservative) was removed from all routinely recommended vaccines given to young infants. As a consequence, lawsuits claiming that vaccines cause neurological damage, specifically autism, are now quietly amassing across the country. Soon, judges and jurors may decide whether thimerosal in vaccines caused harm.


(Excerpt) Read more at online.wsj.com ...


TOPICS: Business/Economy; Constitution/Conservatism; Editorial; Government; Politics/Elections
KEYWORDS: benedictin; breast; implants; lawsuits; reform; thimerosal; tort; tortreform
FYI. A good argument for tort reform. What the Judges seem to do is to reinforce Albert J. Nock's second law of economics which was people will do the least to make the most. Entering the litigation lottery is a favorite means to get ahead. Please see the other editorial from the WSJ regarding the responses they have received on their efforts to highlight Judicial misadventures.

Everyone in our business learns to take a punch, but even we've been surprised by the furious response to an editorial we ran a few weeks ago about vaccines. The subject deserves further attention, not least because the goal of our antagonists appears to be to shut down public debate on the matter.

For the past few years, a small coterie of parents has taken to loudly claiming that thimerosal, a preservative used in vaccines for 60 years, is the cause of autism in their children. Their allegations have scared many parents about immunizations, sent trial lawyers scurrying to sue the few remaining vaccine makers, and inspired an ugly political dispute. Lost in the controversy has been a little thing called science.

We felt someone ought to point out that nothing currently exists in the medical world to justify this furor -- that thimerosal has never been credibly linked to autism, and that recent studies in leading medical journals have also failed to find a link. That research is one of many reasons the medical community remains solid in its belief that vaccines are safe.

To our surprise, we had wandered into a hornet's nest of moral intimidation. In letters and e-mails we've since been accused of "fraud," a "terrorist act," and of having an "industry profit promoting agenda." We've been told we belong to a vast conspiracy -- including researchers, pediatricians, corporations, health officials and politicians -- devoted to poisoning their children. A few have harassed our secretaries and threatened an editorial writer.

As writers for an independent newspaper, we aren't about to shut up. But what worries us is that these activists are using the same tactics in an attempt to silence others with crucial roles in public health and scientific research. The campaign to silence or discredit them has already had damaging consequences.

A case in point is the National Alliance for Autism Research. This widely respected outfit was founded by parents of autistic children, and its staff and volunteers have raised millions for research. When the autism claims first surfaced, NAAR dutifully cofunded a Danish study, which found no connection between the measles-mumps-rubella vaccine and autism. Within days, the critics were trashing NAAR, claiming it was under the influence of drug companies (untrue) and suggesting its research couldn't be trusted. NAAR had to spend valuable time and resources rebutting those claims so it can remain a source of honest information for worried parents.

Meanwhile, doctors who have spoken about the benefits of vaccination -- Paul Offit (who writes here) and Samuel Katz (the co-creator of the measles vaccine) -- have been targeted as baby killers and compared to Hitler. The goal appears to be to silence doctors who encourage immunizations.

That would be a disaster. While we don't know what causes autism, we do know that diseases like measles cause blindness and brain damage. Doctors are already struggling to be heard over Internet rumors, and they report that parents are increasingly nervous about vaccines. That's how paranoia started in England and Ireland, where parents were swept up in autism claims and refused to immunize. Ireland, a country with a population 77 times smaller than that of the U.S., reported 2,000 measles cases in 2002. The U.S. had 37.

As it happens, the thimerosal flap has already taken a human toll. Health officials recommended taking thimerosal out of vaccines in 1999 to help calm fears -- but this only fueled claims of a government cover-up. Worse, as Dr. Offit reported in a recent issue of Pediatrics, some hospitals misinterpreted thimerosal-related recommendations and suspended some vaccinations for newborns. One institution later reported the death, from acute hepatitis B-induced liver failure, of a three-month-old infant who wasn't immunized.

Aided by trial lawyers, the intimidation has spread to Congress. Vaccine makers receive some liability protection from the federal Vaccine Injury Compensation Program -- which pays out to the rare family whose child is injured by vaccines. But tort lawyers have exploited loopholes to file billion-dollar thimerosal suits that could bankrupt the few remaining vaccine makers.

When Republican Majority Leader Bill Frist tried to modernize VICP -- and require autism claims to go through the program like everyone else -- the autism police went to work. They camped out in Washington and convinced three Republican Senators to kill any liability protection. The Senators claimed in a recent letter to us that they hope the bill will be reconsidered, but it seems to have disappeared. The lawsuits go on.

None of this, we should stress, is in the interest of families struck with autism. Researchers have spent years studying the vaccine-autism link, and we hope they continue. But if the research disproves a connection -- as it has up to now -- the autism community needs to listen and move on. Research dollars are limited, and parents of autistic children deserve to see the money spent where it will do the most good.

Autism is a terrible diagnosis, and we hope science soon gives parents the chance at a cure. But the best way to achieve that goal is through open and honest inquiry that shouldn't be stopped because of the clamoring of an intolerant few.

Updated February 9, 2004 12:10 a.m.

1 posted on 02/09/2004 9:14:43 AM PST by shrinkermd
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To: shrinkermd
Part of the problem is a general ignorance of science and scientific principles. Jurors as products of an education system that teaches pseudo-science as fact (environmental wacko propaganda about global warming for instance)and who can't distinguish works of fiction like the DaVinci Code from historic fact will continue to be swayed by greedy trial lawyers.
2 posted on 02/09/2004 9:24:53 AM PST by The Great RJ
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To: The Great RJ
Juries are not moved by dry scientific evidence. Juries are moved by sobbing witnesses, telling how the defendent's product has destroyed their lives and dreams (whether it actually happened or not).
3 posted on 02/09/2004 9:33:37 AM PST by solzhenitsyn ("Live Not By Lies")
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To: solzhenitsyn
Exactly so. Your statement is the principal reason that trial evidence should be presented to the jury by transcript only, not by direct testimony, in order that judgment can be unprejudicially and unemotionally rendered. In addition, such a practice would eliminate idiotic constructions such as a judge instructing a jury to ''disregard that remark''.

As a side bonus, this practice would ensure that jury members will necessarily be able to, at least, read -- not at all the case today.

4 posted on 02/09/2004 9:52:36 AM PST by SAJ
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To: SAJ
What's really needed is to eliminate the awarding of "punitive damages" to the plaintiff. Punishment and resolution of disputes are two completely incompatible notions. If punishment is the issue, then that's a matter for criminal courts, not civil courts.

By mixing the two, it creates a confusion among jurors in a civil trial as to what their role is supposed to be. Even when, technically speaking, there are no punitive damages awarded, jurors still have a punitive mentality, and that needs to stop.

5 posted on 02/09/2004 10:30:34 AM PST by inquest (The only problem with partisanship is that it leads to bipartisanship)
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To: shrinkermd; All
Soon, judges and jurors may decide whether thimerosal in vaccines caused harm.

Republican Dan Burton is absolutely "on the warpath" on thimerisol.

Seems one of his grandkids was given some 10 doses of various vaccines at the same time to get him "caught up".

Within two days, he came down with Autism.

Gotta walk in someone else's Moccasins!

6 posted on 02/09/2004 1:49:23 PM PST by Lael (Offshore Outsourcing will be solved politically...the process for CEO's will "end badly" !!)
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To: Lael
"Republican Dan Burton is absolutely "on the warpath" on thimerisol

Someone should have him read the WSJ article. There is not a shred of evidence to back the claim that Thimersol causes autism. Also, Autism is not a disorder that suddenly begins in two days it is a pervasive and gradual disorder with most having an IQ. of forty or less. Finally, it is hard to imagine a baby receiving 10 vaccines at once or in a short time.

7 posted on 02/09/2004 3:10:36 PM PST by shrinkermd (i)
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To: shrinkermd; All
Someone should have him read the WSJ article.

Polemics from professional Polemicists!

Actually, I cought the Hearing he chaired on C-SPAN...In this instance, the WSJ should be ashamed of itself!!

8 posted on 02/09/2004 5:35:45 PM PST by Lael (Offshore Outsourcing will be solved politically...the process for CEO's will "end badly" !!)
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