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Re: Family win 18 year f ig ht over MMR damage to son: £ 90,000 payout is f irst since concerns over vaccine surfaced | Mail on S unday + Sunday Times

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One doctor at the hearing said he was predisposed

to epilepsy and would have gotten it anyway; the

MMR just helped it along. Fortunately he was overruled.

Christie

At 10:42 PM 8/29/2010, you wrote:

>

>

>Ten days after the MMR, the child got sick--you

>hear that over and over again, ten days (and as

>I experienced with my oldest son who is now fine).

>

>So, what did the doctors say caused this to

>happen if not the MMR? Do they think it's normal

>for perfectly healthy children to suddenly

>become stricken to this degree of permanent disability?

>

>Winnie

>

> Family win 18 year f

>ight over MMR damage to son: £ 90,000 payout is

>first since concerns over vaccine surfaced | Mail on Sunday + Sunday Times

>Recipient list suppressed: ;

>

> > thank goodness that the Fletchers have finally

> > received some compensation but do you think that

> > £ 90,000 covers anywhere near what they have

> > spent or will spend or compensates for such and

> > injury? ( £ 90,000 is about $145,000 USD at today's exchange rate)

> > Sheri

> >

> >

> > Mother wins MMR payout after 18 years

> >

> > Links to Sunday Times AND Mail on Sunday, below

> >

> > " Details of successful claims involving

> > vaccine-damaged children are seldom publicised

> > because the Department of Health is thought to be

> > anxious not to encourage a rush of applications.

> >

> > Figures released in 2005 under the Freedom of

> > Information Act revealed that tribunals had paid

> > out £3.5 million over the previous eight years.

> >

> > The Department for Work and Pensions, which

> > administers the Vaccine Damage Payment Scheme,

> > said: ‘We do not hold any information on how many

> > awards have been MMR-related. "

> >

> > From: Jackie Fletcher

> >

> >

> >

>

http://www.thesundaytimes.co.uk/sto/news/uk_news/Health/article381972.ece?lightb\

ox

> > (unable to access without paid subscription)

> >

> >

> > Mother wins MMR payout after 18 years

> >

> >

> >

> >

> > Jackie Fletcher secured a ruling that has forced

> > the government to accept that its vaccination

> > programme left her son , now 18, severely disabled

> >

> > -Kate Templeton

> > Published: 29 August 2010

> > * Recommend (0)

> > Fletcher (centre) was a healthy 13-month-old before bein

> >

> > (centre) was a healthy baby before being

> > given the MMR vaccination in 1992 (Warren )

> > A mother whose son was severely brain damaged by

> > the MMR vaccine in an extremely rare reaction has

> > won her battle for justice after 18 years.

> >

> > Jackie Fletcher secured a legal ruling that has

> > forced the government to accept that its

> > vaccination programme left her son , now

> > 18, severely disabled and to pay him compensation.

> >

> > The case has been overshadowed by the furore that

> > began in 1998 over allegations that the MMR

> > vaccine caused autism. These claims proved to be unfounded.

> >

> > However, all vaccines carry the risk of extreme

> > reactions and, in highly unusual cases, children

> > have been left brain-damaged by the jab.

> > was a healthy 13- month-old before being

> > given the vaccination for measles, mumps and

> > rubella in 1992. He was developing like any other

> > toddler, walking around furniture and saying:

> > “Hi Mummy†and “Daddy here†when Fletcher

> > took him to their GP surgery for the vaccine in November 1992.

> >

> > Ten days later he suffered the first in a series

> > of epileptic seizures. He appeared drowsy after

> > his afternoon sleep and, at tea-time, had a fit.

> > Fletcher said: “I hoped that when the thrashing

> > finished would be okay and come to, but it

> > was actually more frightening when he finished

> > because his head was rolled back, his eyes were

> > glazed and he was totally unresponsive.

> >

> > " I laid him on the sofa and was trying to call

> > his name. His breathing was coming in little gasps. "

> >

> > was taken to hospital, but doctors

> > dismissed any suggestion that the vaccine could

> > have caused the fits. Further seizures followed and he gradually

> > lost speech.

> >

> > “Whereas would previously say ‘all

> > gone’ when he had finished eating something and

> > make a gesture with his hands, he lost the word

> > ‘gone’ and then he lost the word ‘all’

> > and then he lost the gesture,†said Fletcher.

> > The mother of three from Warrington, Cheshire,

> > who was a bank clerk and a registered childminder

> > before becoming the full-time carer for ,

> > began to research what had happened. She found

> > papers in medical journals reporting problems

> > with the MMR vaccine and took these to a solicitor.

> > She also founded Jabs, a support group for

> > parents who believe their children have been damaged by vaccination.

> > By July 1996 Fletcher had gathered enough

> > evidence to lodge a claim with the government

> > under the vaccine damage payment scheme. A year

> > later this was turned down. In 2003 she was refused a second time.

> > Fletcher, 53, and her husband , 58, an

> > engineer who retired early to help look after

> > , tried to sue the vaccine manufacturer but

> > the time limit elapsed before the case reached court.

> > Eventually Fletcher gathered enough evidence to

> > appeal against the decision to deny compensation,

> > which she did last September. The case was

> > referred to a tribunal which found that, on the

> > balance of probabilities, ’s brain damage

> > was caused by the MMR vaccine and ordered the

> > government to pay £91,500 in compensation.

> > The judgment said: “The seizure occurred 10

> > days after the vaccination. In our view this

> > cannot be put down to coincidence. It is this

> > temporal association that provides the link. It

> > is this that shows, on the balance of

> > probabilities, that the vaccine triggered the epilepsy.

> > “It only happened because was

> > genetically predisposed to epilepsy but,

> > nevertheless, it was the vaccine that triggered

> > the epilepsy and this led to the disability.

> > “On this basis we find that is severely

> > disabled as a result of vaccination.â€

> > The tribunal specifically stated that the finding

> > that ’s brain damage was caused by the

> > MMR jab is not relevant to the claims of a link between the jab

> > and autism.

> > “All along, doctors said: ‘Why are you

> > banging your head against a brick wall? You will

> > never get anywhere with this’. They said:

> > ‘ is probably the one in a million’.

> > has been damaged 100% and matters,†Fletcher said.

> > The Department of Health said the MMR vaccine,

> > which is routinely given to babies at 13 months,

> > is safe and encouraged parents to ensure their

> > children are immunised. It was unable to give

> > information about the number of children who have

> > suffered ’s reaction.

> >

> > ****

> >

> > > year-fight-MMR-damage-son--90-000-payout-concerns-vaccine-

> >

>

surfaced.html>http://www.dailymail.co.uk/news/article-1307095/Family-win-18-year\

-fight-MMR-damage-son--90-000-payout-concerns-vaccine-surfaced.html

> >

> >

> >

> > Family win 18 year fight over MMR damage to son:

> > £90,000 payout is first since concerns over vaccine surfaced

> >

> > By

> >

> > Delgado

> > Last updated at 11:01 PM on 28th August 2010

> > *

> > > year-fight-MMR-damage-son--90-000-payout-concerns-vaccine-

> > surfaced.html#comments>Comments

> > (0)

> > *

> > > year-fight-MMR-damage-son--90-000-payout-concerns-vaccine-

> > surfaced.html>Add

> > to My Stories

> >

> > A mother whose son suffered severe brain damage

> > after he was given the controversial MMR vaccine

> > as a baby has been awarded £90,000 compensation.

> >

> > The judgment is the first of its kind to be

> > revealed since concerns were raised about the safety of the

> > triple jab.

> >

> > Fletcher, 18, is unable to talk, stand unaided or feed himself.

> >

> > Read more:

> > > year-fight-MMR-damage-son--90-000-payout-concerns-vaccine-

> >

>

surfaced.html#ixzz0y07yxtEQ>http://www.dailymail.co.uk/news/article-1307095/Fami\

ly-win-18-year-fight-MMR-damage-son--90-000-payout-concerns-vaccine-surfaced.htm\

l#ixzz0y07yxtEQ

> >

> >

> > Lovely boy: Fletcher with his mother Jackie at the

> > &

> >

> > He endures frequent epileptic fits and requires

> > round-the-clock care from his parents Jackie and

> > , though he is not autistic.

> >

> > He suffered the devastating effects after being

> > given the combined measles, mumps and rubella

> > vaccine when he was 13 months old.

> >

> >

> >

> >

> > More...

> >

> > *

> > > cancer-vaccine-girls-12.html>Cervical

> > cancer jab for girls aged 12 can be given without parental consent

> >

> > The Department of Health had always denied that

> > the jab was the cause of ’s disability.

> >

> > But now, in a judgment which will give hope to

> > hundreds of other parents whose children have

> > been severely affected by routine vaccinations, a

> > medical assessment panel consisting of two

> > doctors and a barrister has concluded that MMR was to blame.

> >

> > ’s mother Jackie said the money would help

> > with his care, though she described the amount as ‘derisory’.

> >

> > Her first application for compensation under the

> > Government’s Vaccine Damage Payment Scheme was

> > rejected in 1997 on the grounds that it was

> > impossible to prove beyond reasonable doubt what had caused

> > ’s illness.

> >

> > But Mrs Fletcher appealed and in a ruling

> > delivered last week, a new panel of experts came to a different

> > conclusion.Healthy: in the bath as baby before he had the

> > MMR jab

> >

> >

> > Healthy: in the bath as baby before he had the MMR jab

> >

> > In a six-page judgment, they said: ‘ was a

> > more or less fit boy who, within the period

> > usually considered relevant to immunisation,

> > developed a severe convulsion... and he then went

> > on to be epileptic and severely retarded.

> >

> > ‘The seizure occurred ten days after the

> > vaccination. In our view, this cannot be put down to coincidence.

> >

> > 'It is this temporal association that provides

> > the link. It is this that has shown on the

> > balance of probabilities that the vaccination triggered the epilepsy.

> >

> > 'On this basis, we find that is severely

> > disabled as a result of vaccination and this is why we allowed

> > the appeal.’

> >

> > The ruling will reignite the debate over the

> > safety of common childhood vaccines, although it

> > makes clear that ’s case does not involve autism.

> >

> > There is one other reported case of a family

> > being given compensation as a result of an MMR jab.

> >

> > But Mrs Fletcher said she believed the

> > compensation award to was the first to a

> > surviving MMR-damaged person since controversy

> > erupted in 1998 when the now discredited Dr

> > Wakefield raised concerns about a possible

> > link between the combined MMR injection and autism.

> >

> > He has since been struck off the medical register.

> > Affected: with his parents as a five-year-old. He is una

> >

> >

> > Affected: with his parents as a

> > five-year-old. He is unable to stand, feed himself and speaks

> > very little

> >

> > The Government refuses to say how many awards

> > have been directly attributed to this jab rather

> > than other inoculations against illnesses such as diphtheria or

> > whooping cough.

> >

> > Details of successful claims involving

> > vaccine-damaged children are seldom publicised

> > because the Department of Health is thought to be

> > anxious not to encourage a rush of applications.

> >

> > Figures released in 2005 under the Freedom of

> > Information Act revealed that tribunals had paid

> > out £3.5 million over the previous eight years.

> >

> > The Department for Work and Pensions, which

> > administers the Vaccine Damage Payment Scheme,

> > said: ‘We do not hold any information on how many

> > awards have been MMR-related.

> >

> > 'It is not a requirement when a case is being

> > assessed for the medical adviser to state which

> > vaccine the damage has been attributed to.

> >

> > 'Nor is it a requirement to list the disabling

> > condition that gave rise to the award.’

> >

> > The controversy over a suggested link between MMR

> > and autism erupted in 1998 when Dr Wakefield

> > published a paper in The Lancet medical journal.

> >

> > His work has since been discredited and earlier

> > this year Dr Wakefield, who has moved to America,

> > was struck off the medical register after the

> > General Medical Council ruled that he had acted

> > against the interests of patients and ‘failed in

> > his duties as a responsible consultant’.

> > Campaign: 's mother Jackie set up JABS - a pressure group

> >

> >

> > Campaign: 's mother Jackie set up JABS - a

> > pressure group which provides advice and support

> > to families affected by vaccinations

> >

> > Fletcher does not suffer from autism. But

> > Mrs Fletcher, from Warrington, Cheshire, said the

> > ruling would give hope to hundreds of other

> > parents fighting to prove that their children’s

> > disabilities were caused by the MMR injection.

> >

> > Mrs Fletcher set up and runs pressure group JABS

> > - Justice, Awareness and Basic

> > Support.

> >

> > Around 2,000 families seeking compensation for

> > their vaccine-damaged children are registered

> > with the group, which provides advice and support.

> >

> > ‘My husband and I have battled for 18 years

> > for the cause of ’s disability to be officially

> > recognised,’ she said.

> >

> > ‘We were told the vaccine was perfectly safe.

> > Like most people, we trusted what the doctors and nurses were

> > putting to us.

> >

> > ' is nearly 19 but mentally he is like a

> > 14-month-old toddler. He can’t stand unaided and he is doubly

> > incontinent.

> > 'He can’t speak except to say “Hi, Mum” or “Hi, Daddy”.

> >

> > ‘We chop up his food and have to anticipate all

> > his needs. He is prone to various illnesses and

> > last week suffered around 40 severe epileptic seizures.

> > Discredited: Dr Wakefield was struck off by the GMC afte

> >

> >

> > Discredited: Dr Wakefield was struck off

> > by the GMC after it found his research into the

> > possible effects of MMR was flawed

> >

> > 'In April this year, we thought we’d lost him. He

> > contracted a chest infection and had to go to hospital for

> > several days.

> >

> > ‘He is such a lovely boy. When he’s not ill, he’s

> > so cheerful and seems to take everything on the

> > chin. In between seizures he says “Hi, Mum” and tries to kiss me.

> >

> > ‘The money is a derisory amount though it will

> > help with making adaptations to the house for ’s benefit.

> >

> > 'What matters is the recognition that MMR was the reason this

> > happened.’

> > The first doctor who assessed under the

> > compensation scheme in 1996 concluded that he had

> > suffered a ‘simple febrile convulsion with no long-lasting

> > consequences’.

> > Although he agreed that had a degree of

> > disability, he refused to accept that the MMR vaccine was to blame.

> >

> > At this month’s appeal, evidence was given by a

> > leading expert on vaccine-damaged children,

> > paediatric neurologist Dr Marcel Kinsbourne. He

> > explained the biological changes which had

> > occurred in ’s brain following the vaccination.

> >

> > The one-day hearing was chaired by a barrister

> > sitting with two doctors, Professor Sundara

> > Lingam, a former consultant at Great Ormond

> > Street Hospital for Children, and Dr Allaway.

> >

> > In a dissenting judgment, Professor Lingam said

> > he believed was ‘genetically predisposed

> > to epilepsy and that the vaccination triggered it rather than

> > caused it.

> >

> > ' would have developed epilepsy in any

> > event, even if he had not had the vaccination’.

> >

> > But Professor Lingam was overruled by his two colleagues.

> >

> > In their final judgment, they accepted that MMR

> > had caused ’s illness but added: ‘We would

> > stress that this decision is fact-specific and it

> > should not be seen as a precedent for any other case.

> >

> > 'In particular, it has no relevance to the

> > issue... as to whether there is a link between the MMR vaccine

> > and autism.’

> >

> > Last night, Tory MP Nadine Dorries, a member of

> > the powerful Commons Health Committee, said: ‘If

> > an independent panel has reached the conclusion

> > that there has been a link between the MMR

> > vaccine and the brain damage suffered by this boy

> > in this case, then it is fair to assume that

> > there could be as many as thousands of children

> > and parents in the same position.

> >

> > ‘There should be full and easy access to all

> > documentation relating to the judgment for any

> > parent or professional to read and assess.’

> >

> > Dr Fitzpatrick, a London GP whose own son

> > is autistic, said: ‘It is a very important

> > principle that parents should be compensated in cases of this kind.

> >

> > 'But although a causal link has been established

> > in law in this instance, exhaustive scientific

> > research has failed to establish any link between MMR and brain

> > damage.

> > 'This case should not make parents feel any

> > different about the safety of the vaccine.’

> >

> > The Department of Health said: ‘This decision

> > reflects the opinion of a tribunal on the

> > specific facts of the case and they were clear

> > that it should not be seen as a precedent for any other case.

> >

> > 'The safety of MMR has been endorsed through

> > numerous studies in many countries.’

> >

> >

> >

> >

> > New hope for parents who claim MMR jab blighted their children

> >

> > By SALLY BECK

> >

> > For MMR campaigners, the Fletcher ruling

> > is a small but significant milestone in their

> > efforts to prove that the vaccine is not safe for

> > a few children, even though the Government

> > insists it is and that serious reactions are rare.

> >

> > The triple jab was introduced in 1988, and has

> > been given to millions of children as part of

> > their vaccination schedule, which includes inoculations for 12

> > diseases.

> > The vast majority of children suffer no more than

> > redness and swelling around the injection site or

> > a fever that can be easily treated.

> >

> > But a small number suffer serious reactions. The

> > official figure is one in a million, but

> > campaigners believe that is an underestimate.

> >

> > Up to 2,000 parents remain convinced their

> > children have suffered significant harm from MMR

> > but have been unable to prove it.

> >

> > This new decision will give them hope, even

> > though compensation panels do not officially recognise autism claims.

> >

> > Campaigner Polly Tommey, who edits the magazine

> > The Autism File and believes her son is

> > autistic because of MMR, says: ‘This is fantastic

> > news. Now doctors can’t tell me that the MMR is safe.

> >

> > 'This payout is evidence that it is not safe.

> > It’s interesting that they will look at epilepsy

> > and not autism, and you have to ask why.

> >

> > 'Is it because the compensation would be billions?’

> >

> > Parents have tried to get the medical profession

> > and the Government to investigate their claims

> > that MMR damaged their children but have failed so far.

> >

> > A group of parents brought a case in 1993 which

> > was blocked after their legal aid was withdrawn in 2003.

> >

> > They claimed for various injuries including

> > autism, Guillain-Barre syndrome, epilepsy,

> > sensorineural deafness, diabetes and arthritis.

> >

> > ’s mother Jackie Fletcher, who set up the

> > vaccine campaign group JABS, is one of a group of

> > parents who continued to fight.

> >

> > His compensation comes 12 years after the

> > London-based paediatrician Wakefield

> > claimed a link between MMR and autism.

> >

> > He was struck off this year after the General

> > Medical Council judged his research to be flawed.

> >

> > Claiming compensation for any vaccine-related

> > disability is notoriously difficult.

> >

> > Mrs Fletcher said: ‘Only one in 200 parents who

> > applies to the Vaccine Damage Payment Scheme is

> > successful in receiving compensation.

> >

> > 'Claims for autism are not considered. There are

> > 120 MMR cases waiting to be heard, but none is for autism.’

> >

> > In America, 4,000 parents are claiming

> > compensation for MMR damage, but again the courts

> > will not officially look at cases where autism is mentioned.

> >

> > However, cases involving autism do slip through the net.

> >

> > Banks, who suffered seizures 16 days after

> > receiving the MMR jab and was diagnosed with

> > pervasive developmental disorder, an autistic condition, was

> > paid compensation.

> >

> > So was Ben Zeller, who suffered seizures, while

> > Hannah Poling, who is autistic, was paid in secret.

> >

> > Another 1,820 cases of brain damage caused by

> > vaccines in the U.S., including MMR, have been settled in private.

> >

> > Mrs Fletcher hopes that the 2,000 families

> > registered with JABS will be awarded legal aid to continue their

> > cases.

> > She says: ‘We plan to talk to our MP Andy Burnham

> > about the anomalies in the Vaccine Damage

> > Payments Act, the main one being that you can

> > apply for compensation only if a child has died after the age of two.

> >

> > 'We have a number of children on our books who

> > died younger after receiving MMR, but they are not eligible to claim.

> >

> > 'Most vaccines are given at two, three and four

> > months old, so this rule makes no sense.

> >

> > ‘ was 13 months old when he had his seizure

> > and, under the rules today, he wouldn’t be eligible to claim.’

> >

> > Read more:

> > > year-fight-MMR-damage-son--90-000-payout-concerns-vaccine-

> >

>

surfaced.html#ixzz0y08ABqkj>http://www.dailymail.co.uk/news/article-1307095/Fami\

ly-win-18-year-fight-MMR-damage-son--90-000-payout-concerns-vaccine-surfaced.htm\

l#ixzz0y08ABqkj

> >

> >

>

>

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Hmm, I wonder if the doctor checked him for this before giving the MMR. If so, then sue him?? Family win 18 year f > >ight over MMR damage to son: £ 90,000 payout is > >first since concerns over vaccine surfaced | Mail on Sunday + > Sunday Times> >Recipient list suppressed: ;> >> > > thank goodness that the Fletchers have finally> > > received some compensation but do you think that> > > £ 90,000 covers anywhere near what they have> > > spent or will spend or compensates for such and> > > injury? ( £ 90,000 is about $145,000 USD at today's exchange rate)> > > Sheri> > >> > >> > > Mother wins MMR payout after 18 years> > >> > > Links to Sunday Times AND Mail on Sunday, below> > >> > > "Details of successful claims involving> > > vaccine-damaged children are seldom publicised> > > because the Department of Health is thought to be> > > anxious not to encourage a rush of applications.> > >> > > Figures released in 2005 under the Freedom of> > > Information Act revealed that tribunals had paid> > > out £3.5 million over the previous eight years.> > >> > > The Department for Work and Pensions, which> > > administers the Vaccine Damage Payment Scheme,> > > said: ‘We do not hold any information on how many> > > awards have been MMR-related. "> > >> > > From: Jackie Fletcher> > >> > >> > > > > > http://www.thesundaytimes.co.uk/sto/news/uk_news/Health/article381972.ece?lightbox> > (unable to access without paid subscription)> > >> > >> > > Mother wins MMR payout after 18 years> > >> > >> > >> > >> > > Jackie Fletcher secured a ruling that has forced> > > the government to accept that its vaccination> > > programme left her son , now 18, severely disabled> > >> > > -Kate Templeton> > > Published: 29 August 2010> > > * Recommend (0)> > > Fletcher (centre) was a healthy 13-month-old before bein> > >> > > (centre) was a healthy baby before being> > > given the MMR vaccination in 1992 (Warren )> > > A mother whose son was severely brain damaged by> > > the MMR vaccine in an extremely rare reaction has> > > won her battle for justice after 18 years.> > >> > > Jackie Fletcher secured a legal ruling that has> > > forced the government to accept that its> > > vaccination programme left her son , now> > > 18, severely disabled and to pay him compensation.> > >> > > The case has been overshadowed by the furore that> > > began in 1998 over allegations that the MMR> > > vaccine caused autism. These claims proved to be unfounded.> > >> > > However, all vaccines carry the risk of extreme> > > reactions and, in highly unusual cases, children> > > have been left brain-damaged by the jab.> > > was a healthy 13- month-old before being> > > given the vaccination for measles, mumps and> > > rubella in 1992. He was developing like any other> > > toddler, walking around furniture and saying:> > > “Hi Mummy†and “Daddy here†when Fletcher> > > took him to their GP surgery for the vaccine in November 1992.> > >> > > Ten days later he suffered the first in a series> > > of epileptic seizures. He appeared drowsy after> > > his afternoon sleep and, at tea-time, had a fit.> > > Fletcher said: “I hoped that when the thrashing> > > finished would be okay and come to, but it> > > was actually more frightening when he finished> > > because his head was rolled back, his eyes were> > > glazed and he was totally unresponsive.> > >> > > "I laid him on the sofa and was trying to call> > > his name. His breathing was coming in little gasps."> > >> > > was taken to hospital, but doctors> > > dismissed any suggestion that the vaccine could> > > have caused the fits. Further seizures followed and he gradually> > > lost speech.> > >> > > “Whereas would previously say ‘all> > > gone’ when he had finished eating something and> > > make a gesture with his hands, he lost the word> > > ‘gone’ and then he lost the word ‘all’> > > and then he lost the gesture,†said Fletcher.> > > The mother of three from Warrington, Cheshire,> > > who was a bank clerk and a registered childminder> > > before becoming the full-time carer for ,> > > began to research what had happened. She found> > > papers in medical journals reporting problems> > > with the MMR vaccine and took these to a solicitor.> > > She also founded Jabs, a support group for> > > parents who believe their children have been damaged by > vaccination.> > By July 1996 Fletcher had gathered enough> > > evidence to lodge a claim with the government> > > under the vaccine damage payment scheme. A year> > > later this was turned down. In 2003 she was refused a second time.> > > Fletcher, 53, and her husband , 58, an> > > engineer who retired early to help look after> > > , tried to sue the vaccine manufacturer but> > > the time limit elapsed before the case reached court.> > > Eventually Fletcher gathered enough evidence to> > > appeal against the decision to deny compensation,> > > which she did last September. The case was> > > referred to a tribunal which found that, on the> > > balance of probabilities, ’s brain damage> > > was caused by the MMR vaccine and ordered the> > > government to pay £91,500 in compensation.> > > The judgment said: “The seizure occurred 10> > > days after the vaccination. In our view this> > > cannot be put down to coincidence. It is this> > > temporal association that provides the link. It> > > is this that shows, on the balance of> > > probabilities, that the vaccine triggered the epilepsy.> > > “It only happened because was> > > genetically predisposed to epilepsy but,> > > nevertheless, it was the vaccine that triggered> > > the epilepsy and this led to the disability.> > > “On this basis we find that is severely> > > disabled as a result of vaccination.â€> > > The tribunal specifically stated that the finding> > > that ’s brain damage was caused by the> > > MMR jab is not relevant to the claims of a link between the jab> > > and autism.> > > “All along, doctors said: ‘Why are you> > > banging your head against a brick wall? You will> > > never get anywhere with this’. They said:> > > ‘ is probably the one in a million’.> > > has been damaged 100% and matters,†Fletcher said.> > > The Department of Health said the MMR vaccine,> > > which is routinely given to babies at 13 months,> > > is safe and encouraged parents to ensure their> > > children are immunised. It was unable to give> > > information about the number of children who have> > > suffered ’s reaction.> > >> > > ****> > >> > > > year-fight-MMR-damage-son--90-000-payout-concerns-vaccine-> > > > > surfaced.html>http://www.dailymail.co.uk/news/article-> 1307095/Family-win-18-year-fight-MMR-damage-son--90-000-payout-> concerns-vaccine-surfaced.html> > >> > >> > >> > > Family win 18 year fight over MMR damage to son:> > > £90,000 payout is first since concerns over vaccine surfaced> > >> > > By> > > > > > Delgado> > > Last updated at 11:01 PM on 28th August 2010> > > *> > > > year-fight-MMR-damage-son--90-000-payout-concerns-vaccine-> > > surfaced.html#comments>Comments> > > (0)> > > *> > > > year-fight-MMR-damage-son--90-000-payout-concerns-vaccine-> > > surfaced.html>Add> > > to My Stories> > >> > > A mother whose son suffered severe brain damage> > > after he was given the controversial MMR vaccine> > > as a baby has been awarded £90,000 compensation.> > >> > > The judgment is the first of its kind to be> > > revealed since concerns were raised about the safety of the> > > triple jab.> > >> > > Fletcher, 18, is unable to talk, stand unaided or > feed himself.> > >> > > Read more:> > > > year-fight-MMR-damage-son--90-000-payout-concerns-vaccine-> > > > > > surfaced.html#ixzz0y07yxtEQ>http://www.dailymail.co.uk/news/article-1307095/Family-win-18-year-fight-MMR-damage-son--90-000-payout-concerns-vaccine-surfaced.html#ixzz0y07yxtEQ> > >> > >> > > Lovely boy: Fletcher with his mother Jackie at the> > > & > > >> > > He endures frequent epileptic fits and requires> > > round-the-clock care from his parents Jackie and> > > , though he is not autistic.> > >> > > He suffered the devastating effects after being> > > given the combined measles, mumps and rubella> > > vaccine when he was 13 months old.> > >> > >> > >> > >> > > More...> > >> > > *> > > > cancer-vaccine-girls-12.html>Cervical> > > cancer jab for girls aged 12 can be given without parental consent> > >> > > The Department of Health had always denied that> > > the jab was the cause of ’s disability.> > >> > > But now, in a judgment which will give hope to> > > hundreds of other parents whose children have> > > been severely affected by routine vaccinations, a> > > medical assessment panel consisting of two> > > doctors and a barrister has concluded that MMR was to blame.> > >> > > ’s mother Jackie said the money would help> > > with his care, though she described the amount as ‘derisory’.> > >> > > Her first application for compensation under the> > > Government’s Vaccine Damage Payment Scheme was> > > rejected in 1997 on the grounds that it was> > > impossible to prove beyond reasonable doubt what had caused> > > ’s illness.> > >> > > But Mrs Fletcher appealed and in a ruling> > > delivered last week, a new panel of experts came to a different> > > conclusion.Healthy: in the bath as baby before he had the> > > MMR jab> > >> > >> > > Healthy: in the bath as baby before he had the MMR jab> > >> > > In a six-page judgment, they said: ‘ was a> > > more or less fit boy who, within the period> > > usually considered relevant to immunisation,> > > developed a severe convulsion... and he then went> > > on to be epileptic and severely retarded.> > >> > > ‘The seizure occurred ten days after the> > > vaccination. In our view, this cannot be put down to coincidence.> > >> > > 'It is this temporal association that provides> > > the link. It is this that has shown on the> > > balance of probabilities that the vaccination triggered the > epilepsy.> >> > > 'On this basis, we find that is severely> > > disabled as a result of vaccination and this is why we allowed> > > the appeal.’> > >> > > The ruling will reignite the debate over the> > > safety of common childhood vaccines, although it> > > makes clear that ’s case does not involve autism.> > >> > > There is one other reported case of a family> > > being given compensation as a result of an MMR jab.> > >> > > But Mrs Fletcher said she believed the> > > compensation award to was the first to a> > > surviving MMR-damaged person since controversy> > > erupted in 1998 when the now discredited Dr> > > Wakefield raised concerns about a possible> > > link between the combined MMR injection and autism.> > >> > > He has since been struck off the medical register.> > > Affected: with his parents as a five-year-old. He is una> > >> > >> > > Affected: with his parents as a> > > five-year-old. He is unable to stand, feed himself and speaks> > > very little> > >> > > The Government refuses to say how many awards> > > have been directly attributed to this jab rather> > > than other inoculations against illnesses such as diphtheria or> > > whooping cough.> > >> > > Details of successful claims involving> > > vaccine-damaged children are seldom publicised> > > because the Department of Health is thought to be> > > anxious not to encourage a rush of applications.> > >> > > Figures released in 2005 under the Freedom of> > > Information Act revealed that tribunals had paid> > > out £3.5 million over the previous eight years.> > >> > > The Department for Work and Pensions, which> > > administers the Vaccine Damage Payment Scheme,> > > said: ‘We do not hold any information on how many> > > awards have been MMR-related.> > >> > > 'It is not a requirement when a case is being> > > assessed for the medical adviser to state which> > > vaccine the damage has been attributed to.> > >> > > 'Nor is it a requirement to list the disabling> > > condition that gave rise to the award.’> > >> > > The controversy over a suggested link between MMR> > > and autism erupted in 1998 when Dr Wakefield> > > published a paper in The Lancet medical journal.> > >> > > His work has since been discredited and earlier> > > this year Dr Wakefield, who has moved to America,> > > was struck off the medical register after the> > > General Medical Council ruled that he had acted> > > against the interests of patients and ‘failed in> > > his duties as a responsible consultant’.> > > Campaign: 's mother Jackie set up JABS - a pressure group> > >> > >> > > Campaign: 's mother Jackie set up JABS - a> > > pressure group which provides advice and support> > > to families affected by vaccinations> > >> > > Fletcher does not suffer from autism. But> > > Mrs Fletcher, from Warrington, Cheshire, said the> > > ruling would give hope to hundreds of other> > > parents fighting to prove that their children’s> > > disabilities were caused by the MMR injection.> > >> > > Mrs Fletcher set up and runs pressure group JABS> > > - Justice, Awareness and Basic> > > Support.> > >> > > Around 2,000 families seeking compensation for> > > their vaccine-damaged children are registered> > > with the group, which provides advice and support.> > >> > > ‘My husband and I have battled for 18 years> > > for the cause of ’s disability to be officially> > > recognised,’ she said.> > >> > > ‘We were told the vaccine was perfectly safe.> > > Like most people, we trusted what the doctors and nurses were> > > putting to us.> > >> > > ' is nearly 19 but mentally he is like a> > > 14-month-old toddler. He can’t stand unaided and he is doubly> > > incontinent.> > > 'He can’t speak except to say “Hi, Mum” or “Hi, Daddy”.> > >> > > ‘We chop up his food and have to anticipate all> > > his needs. He is prone to various illnesses and> > > last week suffered around 40 severe epileptic seizures.> > > Discredited: Dr Wakefield was struck off by the GMC afte> > >> > >> > > Discredited: Dr Wakefield was struck off> > > by the GMC after it found his research into the> > > possible effects of MMR was flawed> > >> > > 'In April this year, we thought we’d lost him. He> > > contracted a chest infection and had to go to hospital for> > > several days.> > >> > > ‘He is such a lovely boy. When he’s not ill, he’s> > > so cheerful and seems to take everything on the> > > chin. In between seizures he says “Hi, Mum” and tries to > kiss me.> > >> > > ‘The money is a derisory amount though it will> > > help with making adaptations to the house for ’s benefit.> > >> > > 'What matters is the recognition that MMR was the reason this> > > happened.’> > > The first doctor who assessed under the> > > compensation scheme in 1996 concluded that he had> > > suffered a ‘simple febrile convulsion with no long-lasting> > > consequences’.> > > Although he agreed that had a degree of> > > disability, he refused to accept that the MMR vaccine was to > blame.> >> > > At this month’s appeal, evidence was given by a> > > leading expert on vaccine-damaged children,> > > paediatric neurologist Dr Marcel Kinsbourne. He> > > explained the biological changes which had> > > occurred in ’s brain following the vaccination.> > >> > > The one-day hearing was chaired by a barrister> > > sitting with two doctors, Professor Sundara> > > Lingam, a former consultant at Great Ormond> > > Street Hospital for Children, and Dr Allaway.> > >> > > In a dissenting judgment, Professor Lingam said> > > he believed was ‘genetically predisposed> > > to epilepsy and that the vaccination triggered it rather than> > > caused it.> > >> > > ' would have developed epilepsy in any> > > event, even if he had not had the vaccination’.> > >> > > But Professor Lingam was overruled by his two colleagues.> > >> > > In their final judgment, they accepted that MMR> > > had caused ’s illness but added: ‘We would> > > stress that this decision is fact-specific and it> > > should not be seen as a precedent for any other case.> > >> > > 'In particular, it has no relevance to the> > > issue... as to whether there is a link between the MMR vaccine> > > and autism.’> > >> > > Last night, Tory MP Nadine Dorries, a member of> > > the powerful Commons Health Committee, said: ‘If> > > an independent panel has reached the conclusion> > > that there has been a link between the MMR> > > vaccine and the brain damage suffered by this boy> > > in this case, then it is fair to assume that> > > there could be as many as thousands of children> > > and parents in the same position.> > >> > > ‘There should be full and easy access to all> > > documentation relating to the judgment for any> > > parent or professional to read and assess.’> > >> > > Dr Fitzpatrick, a London GP whose own son> > > is autistic, said: ‘It is a very important> > > principle that parents should be compensated in cases of > this kind.> > >> > > 'But although a causal link has been established> > > in law in this instance, exhaustive scientific> > > research has failed to establish any link between MMR and brain> > > damage.> > > 'This case should not make parents feel any> > > different about the safety of the vaccine.’> > >> > > The Department of Health said: ‘This decision> > > reflects the opinion of a tribunal on the> > > specific facts of the case and they were clear> > > that it should not be seen as a precedent for any other case.> > >> > > 'The safety of MMR has been endorsed through> > > numerous studies in many countries.’> > >> > >> > >> > >> > > New hope for parents who claim MMR jab blighted their children> > >> > > By SALLY BECK> > >> > > For MMR campaigners, the Fletcher ruling> > > is a small but significant milestone in their> > > efforts to prove that the vaccine is not safe for> > > a few children, even though the Government> > > insists it is and that serious reactions are rare.> > >> > > The triple jab was introduced in 1988, and has> > > been given to millions of children as part of> > > their vaccination schedule, which includes inoculations for 12> > > diseases.> > > The vast majority of children suffer no more than> > > redness and swelling around the injection site or> > > a fever that can be easily treated.> > >> > > But a small number suffer serious reactions. The> > > official figure is one in a million, but> > > campaigners believe that is an underestimate.> > >> > > Up to 2,000 parents remain convinced their> > > children have suffered significant harm from MMR> > > but have been unable to prove it.> > >> > > This new decision will give them hope, even> > > though compensation panels do not officially recognise > autism claims.> > >> > > Campaigner Polly Tommey, who edits the magazine> > > The Autism File and believes her son is> > > autistic because of MMR, says: ‘This is fantastic> > > news. Now doctors can’t tell me that the MMR is safe.> > >> > > 'This payout is evidence that it is not safe.> > > It’s interesting that they will look at epilepsy> > > and not autism, and you have to ask why.> > >> > > 'Is it because the compensation would be billions?’> > >> > > Parents have tried to get the medical profession> > > and the Government to investigate their claims> > > that MMR damaged their children but have failed so far.> > >> > > A group of parents brought a case in 1993 which> > > was blocked after their legal aid was withdrawn in 2003.> > >> > > They claimed for various injuries including> > > autism, Guillain-Barre syndrome, epilepsy,> > > sensorineural deafness, diabetes and arthritis.> > >> > > ’s mother Jackie Fletcher, who set up the> > > vaccine campaign group JABS, is one of a group of> > > parents who continued to fight.> > >> > > His compensation comes 12 years after the> > > London-based paediatrician Wakefield> > > claimed a link between MMR and autism.> > >> > > He was struck off this year after the General> > > Medical Council judged his research to be flawed.> > >> > > Claiming compensation for any vaccine-related> > > disability is notoriously difficult.> > >> > > Mrs Fletcher said: ‘Only one in 200 parents who> > > applies to the Vaccine Damage Payment Scheme is> > > successful in receiving compensation.> > >> > > 'Claims for autism are not considered. There are> > > 120 MMR cases waiting to be heard, but none is for autism.’> > >> > > In America, 4,000 parents are claiming> > > compensation for MMR damage, but again the courts> > > will not officially look at cases where autism is mentioned.> > >> > > However, cases involving autism do slip through the net.> > >> > > Banks, who suffered seizures 16 days after> > > receiving the MMR jab and was diagnosed with> > > pervasive developmental disorder, an autistic condition, was> > > paid compensation.> > >> > > So was Ben Zeller, who suffered seizures, while> > > Hannah Poling, who is autistic, was paid in secret.> > >> > > Another 1,820 cases of brain damage caused by> > > vaccines in the U.S., including MMR, have been settled in private.> > >> > > Mrs Fletcher hopes that the 2,000 families> > > registered with JABS will be awarded legal aid to continue their> > > cases.> > > She says: ‘We plan to talk to our MP Andy Burnham> > > about the anomalies in the Vaccine Damage> > > Payments Act, the main one being that you can> > > apply for compensation only if a child has died after the > age of two.> > >> > > 'We have a number of children on our books who> > > died younger after receiving MMR, but they are not eligible > to claim.> > >> > > 'Most vaccines are given at two, three and four> > > months old, so this rule makes no sense.> > >> > > ‘ was 13 months old when he had his seizure> > > and, under the rules today, he wouldn’t be eligible to claim.’> > >> > > Read more:> > > > year-fight-MMR-damage-son--90-000-payout-concerns-vaccine-> > > > > > surfaced.html#ixzz0y08ABqkj>http://www.dailymail.co.uk/news/article-1307095/Family-win-18-year-fight-MMR-damage-son--90-000-payout-concerns-vaccine-surfaced.html#ixzz0y08ABqkj> > >> > >> >> >> >No virus found in this incoming message.> >Checked by AVG - www.avg.com> >Version: 9.0.851 / Virus Database: 271.1.1/3101 > >- Release Date: 08/29/10 14:34:00> >

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Very good point Winnie!

At 10:58 PM 8/29/2010, you wrote:

>

>

>Hmm, I wonder if the doctor checked him for this

>before giving the MMR. If so, then sue him??

>

> Family win 18 year f

> > >ight over MMR damage to son: £ 90,000 payout is

> > >first since concerns over vaccine surfaced | Mail on Sunday +

> > Sunday Times

> > >Recipient list suppressed: ;

> > >

> > > > thank goodness that the Fletchers have finally

> > > > received some compensation but do you think that

> > > > £ 90,000 covers anywhere near what they have

> > > > spent or will spend or compensates for such and

> > > > injury? ( £ 90,000 is about $145,000 USD at today's exchange rate)

> > > > Sheri

> > > >

> > > >

> > > > Mother wins MMR payout after 18 years

> > > >

> > > > Links to Sunday Times AND Mail on Sunday, below

> > > >

> > > > " Details of successful claims involving

> > > > vaccine-damaged children are seldom publicised

> > > > because the Department of Health is thought to be

> > > > anxious not to encourage a rush of applications.

> > > >

> > > > Figures released in 2005 under the Freedom of

> > > > Information Act revealed that tribunals had paid

> > > > out £3.5 million over the previous eight years.

> > > >

> > > > The Department for Work and Pensions, which

> > > > administers the Vaccine Damage Payment Scheme,

> > > > said: ‘We do not hold any information on how many

> > > > awards have been MMR-related. "

> > > >

> > > > From: Jackie Fletcher

> > > >

> > > >

> > > >

> > >

> >

>

http://www.thesundaytimes.co.uk/sto/news/uk_news/Health/article381972.ece?lightb\

ox>

> > (unable to access without paid subscription)

> > > >

> > > >

> > > > Mother wins MMR payout after 18 years

> > > >

> > > >

> > > >

> > > >

> > > > Jackie Fletcher secured a ruling that has forced

> > > > the government to accept that its vaccination

> > > > programme left her son , now 18, severely disabled

> > > >

> > > > -Kate Templeton

> > > > Published: 29 August 2010

> > > > * Recommend (0)

> > > > Fletcher (centre) was a healthy 13-month-old before bein

> > > >

> > > > (centre) was a healthy baby before being

> > > > given the MMR vaccination in 1992 (Warren )

> > > > A mother whose son was severely brain damaged by

> > > > the MMR vaccine in an extremely rare reaction has

> > > > won her battle for justice after 18 years.

> > > >

> > > > Jackie Fletcher secured a legal ruling that has

> > > > forced the government to accept that its

> > > > vaccination programme left her son , now

> > > > 18, severely disabled and to pay him compensation.

> > > >

> > > > The case has been overshadowed by the furore that

> > > > began in 1998 over allegations that the MMR

> > > > vaccine caused autism. These claims proved to be unfounded.

> > > >

> > > > However, all vaccines carry the risk of extreme

> > > > reactions and, in highly unusual cases, children

> > > > have been left brain-damaged by the jab.

> > > > was a healthy 13- month-old before being

> > > > given the vaccination for measles, mumps and

> > > > rubella in 1992. He was developing like any other

> > > > toddler, walking around furniture and saying:

> > > > “Hi Mummy†and “Daddy here†when Fletcher

> > > > took him to their GP surgery for the vaccine in November 1992.

> > > >

> > > > Ten days later he suffered the first in a series

> > > > of epileptic seizures. He appeared drowsy after

> > > > his afternoon sleep and, at tea-time, had a fit.

> > > > Fletcher said: “I hoped that when the thrashing

> > > > finished would be okay and come to, but it

> > > > was actually more frightening when he finished

> > > > because his head was rolled back, his eyes were

> > > > glazed and he was totally unresponsive.

> > > >

> > > > " I laid him on the sofa and was trying to call

> > > > his name. His breathing was coming in little gasps. "

> > > >

> > > > was taken to hospital, but doctors

> > > > dismissed any suggestion that the vaccine could

> > > > have caused the fits. Further seizures followed and he gradually

> > > > lost speech.

> > > >

> > > > “Whereas would previously say ‘all

> > > > gone’ when he had finished eating something and

> > > > make a gesture with his hands, he lost the word

> > > > ‘gone’ and then he lost the word ‘all’

> > > > and then he lost the gesture,†said Fletcher.

> > > > The mother of three from Warrington, Cheshire,

> > > > who was a bank clerk and a registered childminder

> > > > before becoming the full-time carer for ,

> > > > began to research what had happened. She found

> > > > papers in medical journals reporting problems

> > > > with the MMR vaccine and took these to a solicitor.

> > > > She also founded Jabs, a support group for

> > > > parents who believe their children have been damaged by

> > vaccination.> > By July 1996 Fletcher had gathered enough

> > > > evidence to lodge a claim with the government

> > > > under the vaccine damage payment scheme. A year

> > > > later this was turned down. In 2003 she was refused a second time.

> > > > Fletcher, 53, and her husband , 58, an

> > > > engineer who retired early to help look after

> > > > , tried to sue the vaccine manufacturer but

> > > > the time limit elapsed before the case reached court.

> > > > Eventually Fletcher gathered enough evidence to

> > > > appeal against the decision to deny compensation,

> > > > which she did last September. The case was

> > > > referred to a tribunal which found that, on the

> > > > balance of probabilities, ’s brain damage

> > > > was caused by the MMR vaccine and ordered the

> > > > government to pay £91,500 in compensation.

> > > > The judgment said: “The seizure occurred 10

> > > > days after the vaccination. In our view this

> > > > cannot be put down to coincidence. It is this

> > > > temporal association that provides the link. It

> > > > is this that shows, on the balance of

> > > > probabilities, that the vaccine triggered the epilepsy.

> > > > “It only happened because was

> > > > genetically predisposed to epilepsy but,

> > > > nevertheless, it was the vaccine that triggered

> > > > the epilepsy and this led to the disability.

> > > > “On this basis we find that is severely

> > > > disabled as a result of vaccination.â€

> > > > The tribunal specifically stated that the finding

> > > > that ’s brain damage was caused by the

> > > > MMR jab is not relevant to the claims of a link between the jab

> > > > and autism.

> > > > “All along, doctors said: ‘Why are you

> > > > banging your head against a brick wall? You will

> > > > never get anywhere with this’. They said:

> > > > ‘ is probably the one in a million’.

> > > > has been damaged 100% and matters,†Fletcher said.

> > > > The Department of Health said the MMR vaccine,

> > > > which is routinely given to babies at 13 months,

> > > > is safe and encouraged parents to ensure their

> > > > children are immunised. It was unable to give

> > > > information about the number of children who have

> > > > suffered ’s reaction.

> > > >

> > > > ****

> > > >

> > > > > year-fight-MMR-damage-son--90-000-payout-concerns-vaccine-

> > > >

> > > surfaced.html>http://www.dailymail.co.uk/news/article-

> > 1307095/Family-win-18-year-fight-MMR-damage-son--90-000-payout-

> > concerns-vaccine-surfaced.html

> > > >

> > > >

> > > >

> > > > Family win 18 year fight over MMR damage to son:

> > > > £90,000 payout is first since concerns over vaccine surfaced

> > > >

> > > > By

> > > >

> > > > Delgado

> > > > Last updated at 11:01 PM on 28th August 2010

> > > > *

> > > > > year-fight-MMR-damage-son--90-000-payout-concerns-vaccine-

> > > > surfaced.html#comments>Comments

> > > > (0)

> > > > *

> > > > > year-fight-MMR-damage-son--90-000-payout-concerns-vaccine-

> > > > surfaced.html>Add

> > > > to My Stories

> > > >

> > > > A mother whose son suffered severe brain damage

> > > > after he was given the controversial MMR vaccine

> > > > as a baby has been awarded £90,000 compensation.

> > > >

> > > > The judgment is the first of its kind to be

> > > > revealed since concerns were raised about the safety of the

> > > > triple jab.

> > > >

> > > > Fletcher, 18, is unable to talk, stand unaided or

> > feed himself.

> > > >

> > > > Read more:

> > > > > year-fight-MMR-damage-son--90-000-payout-concerns-vaccine-

> > > >

> > >

> >

>

surfaced.html#ixzz0y07yxtEQ>http://www.dailymail.co.uk/news/article-1307095/Fami\

ly-win-18-year-fight-MMR-damage-son--90-000-payout-concerns-vaccine-surfaced.htm\

l#ixzz0y07yxtEQ

> > > >

> > > >

> > > > Lovely boy: Fletcher with his mother Jackie at the

> > > > &

> > > >

> > > > He endures frequent epileptic fits and requires

> > > > round-the-clock care from his parents Jackie and

> > > > , though he is not autistic.

> > > >

> > > > He suffered the devastating effects after being

> > > > given the combined measles, mumps and rubella

> > > > vaccine when he was 13 months old.

> > > >

> > > >

> > > >

> > > >

> > > > More...

> > > >

> > > > *

> > > > > cancer-vaccine-girls-12.html>Cervical

> > > > cancer jab for girls aged 12 can be given without parental consent

> > > >

> > > > The Department of Health had always denied that

> > > > the jab was the cause of ’s disability.

> > > >

> > > > But now, in a judgment which will give hope to

> > > > hundreds of other parents whose children have

> > > > been severely affected by routine vaccinations, a

> > > > medical assessment panel consisting of two

> > > > doctors and a barrister has concluded that MMR was to blame.

> > > >

> > > > ’s mother Jackie said the money would help

> > > > with his care, though she described the amount as ‘derisory’.

> > > >

> > > > Her first application for compensation under the

> > > > Government’s Vaccine Damage Payment Scheme was

> > > > rejected in 1997 on the grounds that it was

> > > > impossible to prove beyond reasonable doubt what had caused

> > > > ’s illness.

> > > >

> > > > But Mrs Fletcher appealed and in a ruling

> > > > delivered last week, a new panel of experts came to a different

> > > > conclusion.Healthy: in the bath as baby before he had the

> > > > MMR jab

> > > >

> > > >

> > > > Healthy: in the bath as baby before he had the MMR jab

> > > >

> > > > In a six-page judgment, they said: ‘ was a

> > > > more or less fit boy who, within the period

> > > > usually considered relevant to immunisation,

> > > > developed a severe convulsion... and he then went

> > > > on to be epileptic and severely retarded.

> > > >

> > > > ‘The seizure occurred ten days after the

> > > > vaccination. In our view, this cannot be put down to coincidence.

> > > >

> > > > 'It is this temporal association that provides

> > > > the link. It is this that has shown on the

> > > > balance of probabilities that the vaccination triggered the

> > epilepsy.> >

> > > > 'On this basis, we find that is severely

> > > > disabled as a result of vaccination and this is why we allowed

> > > > the appeal.’

> > > >

> > > > The ruling will reignite the debate over the

> > > > safety of common childhood vaccines, although it

> > > > makes clear that ’s case does not involve autism.

> > > >

> > > > There is one other reported case of a family

> > > > being given compensation as a result of an MMR jab.

> > > >

> > > > But Mrs Fletcher said she believed the

> > > > compensation award to was the first to a

> > > > surviving MMR-damaged person since controversy

> > > > erupted in 1998 when the now discredited Dr

> > > > Wakefield raised concerns about a possible

> > > > link between the combined MMR injection and autism.

> > > >

> > > > He has since been struck off the medical register.

> > > > Affected: with his parents as a five-year-old. He is una

> > > >

> > > >

> > > > Affected: with his parents as a

> > > > five-year-old. He is unable to stand, feed himself and speaks

> > > > very little

> > > >

> > > > The Government refuses to say how many awards

> > > > have been directly attributed to this jab rather

> > > > than other inoculations against illnesses such as diphtheria or

> > > > whooping cough.

> > > >

> > > > Details of successful claims involving

> > > > vaccine-damaged children are seldom publicised

> > > > because the Department of Health is thought to be

> > > > anxious not to encourage a rush of applications.

> > > >

> > > > Figures released in 2005 under the Freedom of

> > > > Information Act revealed that tribunals had paid

> > > > out £3.5 million over the previous eight years.

> > > >

> > > > The Department for Work and Pensions, which

> > > > administers the Vaccine Damage Payment Scheme,

> > > > said: ‘We do not hold any information on how many

> > > > awards have been MMR-related.

> > > >

> > > > 'It is not a requirement when a case is being

> > > > assessed for the medical adviser to state which

> > > > vaccine the damage has been attributed to.

> > > >

> > > > 'Nor is it a requirement to list the disabling

> > > > condition that gave rise to the award.’

> > > >

> > > > The controversy over a suggested link between MMR

> > > > and autism erupted in 1998 when Dr Wakefield

> > > > published a paper in The Lancet medical journal.

> > > >

> > > > His work has since been discredited and earlier

> > > > this year Dr Wakefield, who has moved to America,

> > > > was struck off the medical register after the

> > > > General Medical Council ruled that he had acted

> > > > against the interests of patients and ‘failed in

> > > > his duties as a responsible consultant’.

> > > > Campaign: 's mother Jackie set up JABS - a pressure group

> > > >

> > > >

> > > > Campaign: 's mother Jackie set up JABS - a

> > > > pressure group which provides advice and support

> > > > to families affected by vaccinations

> > > >

> > > > Fletcher does not suffer from autism. But

> > > > Mrs Fletcher, from Warrington, Cheshire, said the

> > > > ruling would give hope to hundreds of other

> > > > parents fighting to prove that their children’s

> > > > disabilities were caused by the MMR injection.

> > > >

> > > > Mrs Fletcher set up and runs pressure group JABS

> > > > - Justice, Awareness and Basic

> > > > Support.

> > > >

> > > > Around 2,000 families seeking compensation for

> > > > their vaccine-damaged children are registered

> > > > with the group, which provides advice and support.

> > > >

> > > > ‘My husband and I have battled for 18 years

> > > > for the cause of ’s disability to be officially

> > > > recognised,’ she said.

> > > >

> > > > ‘We were told the vaccine was perfectly safe.

> > > > Like most people, we trusted what the doctors and nurses were

> > > > putting to us.

> > > >

> > > > ' is nearly 19 but mentally he is like a

> > > > 14-month-old toddler. He can’t stand unaided and he is doubly

> > > > incontinent.

> > > > 'He can’t speak except to say “Hi, Mum” or “Hi, Daddy”.

> > > >

> > > > ‘We chop up his food and have to anticipate all

> > > > his needs. He is prone to various illnesses and

> > > > last week suffered around 40 severe epileptic seizures.

> > > > Discredited: Dr Wakefield was struck off by the GMC afte

> > > >

> > > >

> > > > Discredited: Dr Wakefield was struck off

> > > > by the GMC after it found his research into the

> > > > possible effects of MMR was flawed

> > > >

> > > > 'In April this year, we thought we’d lost him. He

> > > > contracted a chest infection and had to go to hospital for

> > > > several days.

> > > >

> > > > ‘He is such a lovely boy. When he’s not ill, he’s

> > > > so cheerful and seems to take everything on the

> > > > chin. In between seizures he says “Hi, Mum” and tries to

> > kiss me.

> > > >

> > > > ‘The money is a derisory amount though it will

> > > > help with making adaptations to the house for ’s benefit.

> > > >

> > > > 'What matters is the recognition that MMR was the reason this

> > > > happened.’

> > > > The first doctor who assessed under the

> > > > compensation scheme in 1996 concluded that he had

> > > > suffered a ‘simple febrile convulsion with no long-lasting

> > > > consequences’.

> > > > Although he agreed that had a degree of

> > > > disability, he refused to accept that the MMR vaccine was to

> > blame.> >

> > > > At this month’s appeal, evidence was given by a

> > > > leading expert on vaccine-damaged children,

> > > > paediatric neurologist Dr Marcel Kinsbourne. He

> > > > explained the biological changes which had

> > > > occurred in ’s brain following the vaccination.

> > > >

> > > > The one-day hearing was chaired by a barrister

> > > > sitting with two doctors, Professor Sundara

> > > > Lingam, a former consultant at Great Ormond

> > > > Street Hospital for Children, and Dr Allaway.

> > > >

> > > > In a dissenting judgment, Professor Lingam said

> > > > he believed was ‘genetically predisposed

> > > > to epilepsy and that the vaccination triggered it rather than

> > > > caused it.

> > > >

> > > > ' would have developed epilepsy in any

> > > > event, even if he had not had the vaccination’.

> > > >

> > > > But Professor Lingam was overruled by his two colleagues.

> > > >

> > > > In their final judgment, they accepted that MMR

> > > > had caused ’s illness but added: ‘We would

> > > > stress that this decision is fact-specific and it

> > > > should not be seen as a precedent for any other case.

> > > >

> > > > 'In particular, it has no relevance to the

> > > > issue... as to whether there is a link between the MMR vaccine

> > > > and autism.’

> > > >

> > > > Last night, Tory MP Nadine Dorries, a member of

> > > > the powerful Commons Health Committee, said: ‘If

> > > > an independent panel has reached the conclusion

> > > > that there has been a link between the MMR

> > > > vaccine and the brain damage suffered by this boy

> > > > in this case, then it is fair to assume that

> > > > there could be as many as thousands of children

> > > > and parents in the same position.

> > > >

> > > > ‘There should be full and easy access to all

> > > > documentation relating to the judgment for any

> > > > parent or professional to read and assess.’

> > > >

> > > > Dr Fitzpatrick, a London GP whose own son

> > > > is autistic, said: ‘It is a very important

> > > > principle that parents should be compensated in cases of

> > this kind.

> > > >

> > > > 'But although a causal link has been established

> > > > in law in this instance, exhaustive scientific

> > > > research has failed to establish any link between MMR and brain

> > > > damage.

> > > > 'This case should not make parents feel any

> > > > different about the safety of the vaccine.’

> > > >

> > > > The Department of Health said: ‘This decision

> > > > reflects the opinion of a tribunal on the

> > > > specific facts of the case and they were clear

> > > > that it should not be seen as a precedent for any other case.

> > > >

> > > > 'The safety of MMR has been endorsed through

> > > > numerous studies in many countries.’

> > > >

> > > >

> > > >

> > > >

> > > > New hope for parents who claim MMR jab blighted their children

> > > >

> > > > By SALLY BECK

> > > >

> > > > For MMR campaigners, the Fletcher ruling

> > > > is a small but significant milestone in their

> > > > efforts to prove that the vaccine is not safe for

> > > > a few children, even though the Government

> > > > insists it is and that serious reactions are rare.

> > > >

> > > > The triple jab was introduced in 1988, and has

> > > > been given to millions of children as part of

> > > > their vaccination schedule, which includes inoculations for 12

> > > > diseases.

> > > > The vast majority of children suffer no more than

> > > > redness and swelling around the injection site or

> > > > a fever that can be easily treated.

> > > >

> > > > But a small number suffer serious reactions. The

> > > > official figure is one in a million, but

> > > > campaigners believe that is an underestimate.

> > > >

> > > > Up to 2,000 parents remain convinced their

> > > > children have suffered significant harm from MMR

> > > > but have been unable to prove it.

> > > >

> > > > This new decision will give them hope, even

> > > > though compensation panels do not officially recognise

> > autism claims.

> > > >

> > > > Campaigner Polly Tommey, who edits the magazine

> > > > The Autism File and believes her son is

> > > > autistic because of MMR, says: ‘This is fantastic

> > > > news. Now doctors can’t tell me that the MMR is safe.

> > > >

> > > > 'This payout is evidence that it is not safe.

> > > > It’s interesting that they will look at epilepsy

> > > > and not autism, and you have to ask why.

> > > >

> > > > 'Is it because the compensation would be billions?’

> > > >

> > > > Parents have tried to get the medical profession

> > > > and the Government to investigate their claims

> > > > that MMR damaged their children but have failed so far.

> > > >

> > > > A group of parents brought a case in 1993 which

> > > > was blocked after their legal aid was withdrawn in 2003.

> > > >

> > > > They claimed for various injuries including

> > > > autism, Guillain-Barre syndrome, epilepsy,

> > > > sensorineural deafness, diabetes and arthritis.

> > > >

> > > > ’s mother Jackie Fletcher, who set up the

> > > > vaccine campaign group JABS, is one of a group of

> > > > parents who continued to fight.

> > > >

> > > > His compensation comes 12 years after the

> > > > London-based paediatrician Wakefield

> > > > claimed a link between MMR and autism.

> > > >

> > > > He was struck off this year after the General

> > > > Medical Council judged his research to be flawed.

> > > >

> > > > Claiming compensation for any vaccine-related

> > > > disability is notoriously difficult.

> > > >

> > > > Mrs Fletcher said: ‘Only one in 200 parents who

> > > > applies to the Vaccine Damage Payment Scheme is

> > > > successful in receiving compensation.

> > > >

> > > > 'Claims for autism are not considered. There are

> > > > 120 MMR cases waiting to be heard, but none is for autism.’

> > > >

> > > > In America, 4,000 parents are claiming

> > > > compensation for MMR damage, but again the courts

> > > > will not officially look at cases where autism is mentioned.

> > > >

> > > > However, cases involving autism do slip through the net.

> > > >

> > > > Banks, who suffered seizures 16 days after

> > > > receiving the MMR jab and was diagnosed with

> > > > pervasive developmental disorder, an autistic condition, was

> > > > paid compensation.

> > > >

> > > > So was Ben Zeller, who suffered seizures, while

> > > > Hannah Poling, who is autistic, was paid in secret.

> > > >

> > > > Another 1,820 cases of brain damage caused by

> > > > vaccines in the U.S., including MMR, have been settled in private.

> > > >

> > > > Mrs Fletcher hopes that the 2,000 families

> > > > registered with JABS will be awarded legal aid to continue their

> > > > cases.

> > > > She says: ‘We plan to talk to our MP Andy Burnham

> > > > about the anomalies in the Vaccine Damage

> > > > Payments Act, the main one being that you can

> > > > apply for compensation only if a child has died after the

> > age of two.

> > > >

> > > > 'We have a number of children on our books who

> > > > died younger after receiving MMR, but they are not eligible

> > to claim.

> > > >

> > > > 'Most vaccines are given at two, three and four

> > > > months old, so this rule makes no sense.

> > > >

> > > > ‘ was 13 months old when he had his seizure

> > > > and, under the rules today, he wouldn’t be eligible to claim.’

> > > >

> > > > Read more:

> > > > > year-fight-MMR-damage-son--90-000-payout-concerns-vaccine-

> > > >

> > >

> >

>

surfaced.html#ixzz0y08ABqkj>http://www.dailymail.co.uk/news/article-1307095/Fami\

ly-win-18-year-fight-MMR-damage-son--90-000-payout-concerns-vaccine-surfaced.htm\

l#ixzz0y08ABqkj

> > > >

> > > >

> > >

> > >

> > >No virus found in this incoming message.

> > >Checked by AVG - www.avg.com

> > >Version: 9.0.851 / Virus Database: 271.1.1/3101

> > >- Release Date: 08/29/10 14:34:00

> >

> >

>

>

>No virus found in this incoming message.

>Checked by AVG - www.avg.com

>Version: 9.0.851 / Virus Database: 271.1.1/3101

>- Release Date: 08/29/10 14:34:00

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