In a lawsuit with worldwide implications, a
British woman in Los Angeles is fighting drugs companies to prove her claim that
a mecury-based preservative in vaccines caused her children's autism
CLAIRE BOTHWELL wears a big badge on her jacket
with The rate of autism written on it in bold type. Underneath, in smaller
letters, it says, Twenty years ago: 1 in 10,000; five years ago: 1 in 500;
today: 1 in 250. At the bottom are another two words, again in bold type:
Scared Yet?
Above it, Bothwell wears another badge. It looks
like a No Smoking sign, but with the lit cigarette replaced by a single, unusual
word: Thimerosal. Its pronounced thigh-mare-o-sal, says Bothwell, tapping the
badge with her finger.
We are sitting in Bothwells half-decorated
kitchen, the protective plastic wrapping barely off the state-of-the-art
stainless steel appliances. Her nearly-posh English accent (shes from Coventry,
the daughter of a special forces captain-turned-software entrepreneur) seems
rather out of place here in Long Beach, a lush, affluent Los Angeles suburb
where huge mock-Tudor homes overlook a pristine golf course.
Bothwells effortless pronunciation of
Thimerosal, a mercury-based preservative used in childrens vaccines, is the
result of more than two years of study. During this time, Bothwell the mother
of three children, two of them autistic has become an English Erin Brockovich,
claiming a link between Thimerosal and her childrens disabilities and inspiring
a legal crusade that has made national headlines in the US.
Indeed, the anti-Thimerosal chorus has reached
such a crescendo that some predict it will become a key issue in the 2004
presidential campaign. It is already a subject of intense debate in California,
where a study was released earlier this month showing that the number of
autistic children in the state had doubled to more than 20,000 in four years.
Ron Huff, the Californian psychologist who conducted the study, says: I
remember in the mid-1980s, when a child came in with autism, it was an event.
You would get one or two in a year. I soon ended up getting one or two a month.
I believed that every quarter the numbers would
go down, but they just simply did not drop off. Were now counting 800 new
individuals with autism in California each quarter. And these are just the
classic cases; it doesn t include the ones with difficult types of autism.
Huffs findings are not unique to California.
All over America and in other countries, including Britain, the same autism
epidemic is causing panic among parents. If Bothwell and her fellow campaigners
can prove a link between Thimerosal and autism, Eli Lilly, the American
pharmaceutical company that developed Thimerosal along with several other
drugs companies that manufactured the ingredient until the late 1990s will be
forced to pay billions in compensation.
Bothwell says this is not just opportunistic
litigation by trial lawyers with big mortgages desperate to find the next Big
Tobacco, and says she doesnt want to put drug companies out of business: They
make things that help people. But she accuses them of suspecting since the
1930s that the mercury in Thimerosal could poison children, bringing on autism
in those with existing genetic weaknesses. The introduction of several new
Thimerosal-containing vaccines in the 1980s, effectively doubling most
childrens exposure to mercury, is the most likely reason why levels of autism
began to spike at about the same time, Bothwell argues. Several thousand other
plaintiffs across America agree with her.
Eli Lilly, unsurprisingly, does not share the
view that they have been negligent, saying that the allegations are not based on
scientific proof and that, besides, it has not made Thimerosal since 1974.
Edward Sagebiel, a spokesman for the company, points out that the US Government
took Thimerosal off the market in the late 1990s. If the theory holds, wouldnt
you begin to see, from 2000, a decrease in the levels of autism? he asks. The
answer, according to Huff at least, is no: American doctors are still working
their way through old stockpiles of Thimerosal vaccines. Also, it can take up to
four years to come up with an autism diagnosis. However, Huff agrees that,
ultimately, time will tell. Because Im a scientist, I dont speculate until
Ive seen hard data, he says. Theres enough attention being given to
Thimerosal that I think well get a definite answer within five years.
Bizarrely, Thimerosal remains virtually unknown
among the general public in Britain, even though it is still used in DTP
(diphtheria, tetanus and
pertussis) jabs. British attention is still more
focused on the infamous MMR (measles, mumps and rubella) vaccination, which has
never contained Thimerosal.
BY RIGHTS, Claire Bothwell should be living the
American dream, not fighting multinational pharmaceutical companies. She left
England when she was 19, after marrying staff sergeant Ronald Miller of the US
Air Force, who had been stationed at Upper Heyford, Oxfordshire.
The young couple moved to the former Wild West
railroad town of Alamogordo, New Mexico, and made a down payment on a small
two-bedroom family home. Bothwell says she remembers feeling giddy with
excitement as she drove to the mall in her wood-panelled Ford Pinto station
wagon and brought home groceries in stiff brown paper bags. Then one day in the
spring of 1985 her husband went fishing near a New Mexico town called Truth or
Consequences. He never came back.
Rons boat, it emerged, had capsized in choppy
waters. A fisherman discovered his remains a month later. At the age of just 22,
Bothwell was a widow. With encouragement from her father and friends, she
decided to move to San Diego, California. She didnt like it, so kept on driving
in her Ryder van up Interstate 405 until she reached the southern suburbs of Los
Angeles. Her journey came to an unscheduled end when she stopped at a petrol
station in Long Beach. It was home.
She found a job as a legal secretary working for
a lawyer called Bruce Bothwell, ten years her senior. Within two weeks they had
begun a relationship and by 1990 Bothwell was now 27 they had married. Two
years after that, Bothwells first child, William Fisk Douglas Bothwell II, was
born. Tragedy, it seemed, was behind her.
Like all American children, Fisk was given a
cocktail of 24 vaccines in the first two years of his life. Many of them,
including his four DTP shots, three hepatitis B shots and four Hib shots
(haemophilus influenzae type-B), contained Thimerosal. Like most parents at the
time, however, Bothwell had no idea what Thimerosal was or that she could use
a relatively inexpensive skin patch to test her sons sensitivity to mercury.
By the time Bothwell was pregnant with her
second child, Katrina, it was clear that there was something wrong with Fisk. He
was obsessed with letters and numbers; he couldnt look people in the eye; he
threw violent tantrums; and he was terrified of the vacuum cleaner. As time went
on, Fisk grew worse, to the point where Bothwell became reluctant to take him
out in public or share her concerns with other mothers. He had no spontaneous
conversation; his co-ordination was terrible; and he became engrossed in bizarre
mantras and rituals.
Her husband refused to accept that there was
anything wrong. I was in denial, Bruce, now 49 and a typical father figure in
his brown cords and lumberjack shirt, admits. Part of me still is. Bruces
mother was even less understanding and still, to this day, struggles to accept
any talk of the A-word. This lack of understanding by grandparents is, according
to doctors, normal. They are, after all, part of the generation who believed
Bruno Bettelheim, the now-discredited Austrian psychologist who blamed autism on
a lack of love and support at home: parental refrigeration, he called it.
Eventually, in 1994, the Bothwells decided to
consult a psychiatrist at the University of California, Los Angeles (UCLA) about
Fisk. Then came the news they had been dreading: Fisk, then nearly three, was
autistic.
Tragically, the Bothwells luck didnt get much
better. Katrina, although less troubled than Fisk, was also a problem child. At
two years old, she too was found to be autistic. At about the same time,
Bothwell had her third and final child, Jillian. She turned out to be a normal,
healthy little girl.
By the end of the decade, Bothwell became aware
of the international controversy over MMR and the claims that it could cause
autism. As a precaution, she refused to give Katrina her booster MMR jab.
Jillian, meanwhile, was given no MMR at all. Bothwell also held back giving
other vaccines to Jillian, who, to this day, has shown no signs of her siblings
autism.
Then, out of the blue, Bothwells old boss
called and said he had something she needed to see. Andy Waters had left Los
Angeles to set up his own law firm, Waters & Kraus, in Dallas. But he had kept
in touch over the years and knew that Frisk and Katrina had autism. The document
Waters wanted to show Bothwell was a report called Autism: A Novel Form of
Mercury Poisoning. It claimed that children were being exposed to unsafe levels
of mercury because of an ingredient called Thimerosal used in vaccines. She was
the first person I thought of when I saw it, Waters says. He went on to ask
Bothwell to help him open a new Los Angeles office. She agreed, but on the
condition that Waters take on the Thimerosal case. Within a few months he had
filed the first Thimerosal lawsuit in civil court.
Another 300 or so claims followed, with Bothwell
appearing as a plaintiff in one of them. More than 2,000 other claims also soon
made their way to the National Vaccine Injury Compensation Programme. For Eli
Lilly and the other drug manufacturers, Thimerosal was turning into a public
relations nightmare and a multibillion-dollar legal headache. The company argued
that it was the victim of a legal loophole: American law protects vaccine
manufacturers from being sued. It does not, however, provide similar protection
for the makers of vaccine ingredients.
That programme was developed because the US was
losing vaccine manufacturers at an alarming rate, in great part due to liability
issues, says Sagebiel, the Eli Lilly spokesman, adding that the likes of Waters
are abusing a loophole with their lawsuits.
The issue became highly politicised last year
when a clause was inserted into the Homeland Security Bill giving drug companies
immunity from legal action over Thimerosal. But the clause was repealed amid
accusations of cronyism, with Congress agreeing to come up with a compromise by
this summer. Eli Lilly has already offered to increase the statute of limitation
on Thimerosal cases from three to six years, but only if the cases are heard
through the vaccine injury programme, not in civil court.
Waters, however, says he is convinced that
nothing much will happen until next year when the vaccine injury programme holds
a hearing on the probable causation of autism. There will be an election
three or four months away, and this will be a significant issue, he says. And
if a link between Thimerosal and autism is found? People will freak out.
Theyll be asking what all this means and how many kids have been involved.
There will be such a groundswell of public opinion on the issue, because it will
become apparent that we have poisoned a generation or two of our children. At
this point the Republicans will probably jump on the bandwagon and say, yeah,
we need compensation. His guess is that if the link is proven, each family
could be awarded a few hundred thousand dollars to ease their suffering.
Back in Long Beach, Bruce Bothwell says he was
left speechless when he heard about the Homeland Security Bill. I have never
been so angry with my government, he says. The fact that it could
disenfranchise, in such a fashion, disabled children . . . He trails off.
Both the Bothwells agree that, despite their
campaigning, they hope the vaccine injury committee finds no evidence linking
Thimerosal to autism: otherwise, Fisk and Katrinas conditions were avoidable.
At this point, Fisk, looking like any American 11-year-old in jeans, T-shirt and
baseball cap, blusters into the room.
His behaviour, Bothwell explains, has been much
improved by applied behaviour analysis, an intensive (and hugely expensive)
therapy programme overseen by UCLA. Still, Fisk makes eye contact as though he
is trying to force together the polar opposites of a magnet. He is able to
explain, however, that he likes to be called Will, not Fisk, because its easier
to say. Wills okay, but not Willy, thats not okay with Mom, he says in a
short staccato burst.
Weve been so lucky that hes responded as well
as he has, says Bothwell, after Fisk has left the room to play on his GameBoy.
But is it enough? As well as the UCLA therapy, Fisk is on a course of
chelating agents and supplements to try to reduce the toxic heavy metals,
including mercury, that have been found inside him. Dramatic results are not
expected, however, given Fisks age. I dont know if hell be able to turn up
to a job every day, balance a chequebook, pay his rent and get married,
confides Bothwell.
As a parent, you want to tell your children,
you can do anything, you can be anything. But with Will, we cant do that. He
cant see someone elses point of view. He doesnt get sarcasm. Hes still
bullied a lot, and those bullies end up moving into the workplace. But I think
weve done all we can do.
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"A foolish faith in authority is the worst enemy of truth."
-- Albert Einstein, letter to a friend, 1901
"I know of no safe depository of the ultimate powers of the society but the people themselves, and if we think them not enlightened enough to exercise control with a wholesome discretion, the remedy is not to take it from them, but to inform their discretion by education."
-- Thomas Jefferson, letter to William C. Jarvis, September 28, 1820
"What's the point of vaccination if it doesn't protect you from the unvaccinated?"
-- Sandy Gottstein
"Who gets to decide what the greater good is and how many will be sacrificed to it?"