Bill shielding drug makers
outrages autistic kids' kin
by Thomas Caywood
Friday, December 13, 2002
It's hard to tell who Nicole Bernier is more outraged at: the drug companies
she blames for causing her son's autism or the politicians who shielded them
from lawsuits like hers under the guise of homeland defense.
``These companies are going to get away with it,'' Bernier said. ``They've
damaged thousands of children, and the government is aiding them in escaping
their responsibility.''
The New Bedford mother is one of hundreds of local parents of autistic
children suing pharmaceutical giant Eli Lilly and Co. and other drug makers over
their former use of Thimerosal in childhood vaccines.
Some medical researchers believe the preservative is linked to rising rates
of autism. A Lilly spokesman, however, dismissed the alleged connection as mere
speculation.
``There's simply no credible scientific link,'' Lilly's Ed Sagebiel said.
Until last month, juries around the country would have decided the matter.
But two paragraphs quietly tacked on to the end of the 475-page Homeland
Security Act passed by Congress in November changed all that.
Those two paragraphs, tucked into the bill aimed at fighting terrorism,
shield vaccine makers from lawsuits seeking billions in damages for the families
of autistic children.
The law instead steers thousands of plaintiffs like Bernier to the federal
Vaccine Injury Compensation Program, which pays out uncapped awards from a fund
replenished annually by the federal government and a 75-cent tax on vaccines.
``It's our tax dollars,'' Bernier scoffed.
She joined one of the class action lawsuits against the vaccine makers a year
and a half ago after a Rhode Island law firm contacted her.
Her 6-year-old son, Jevyn Neves, didn't show symptoms of autism until he was
2, which she sees as a sign that vaccines he got around that time caused her
son's disease.
On Capitol Hill, U.S. Rep. Barney Frank (D-Newton), who represents New
Bedford, blamed the clause protecting drug companies on Republicans who pushed
the Homeland Security Act.
``At the very least, Congress has to amend the law and take that out,'' Frank
said yesterday.
U.S. Sen. Edward M. Kennedy (D-Mass.) blasted the clause on the floor of the
Senate.
``This provision has nothing to do with bioterrorism preparedness or homeland
security and everything to do with rewarding a large contributor to the
Republican Party,'' he charged.
Sagebiel, the Lilly spokesman, said his company had nothing to do with
inserting the clause into the security law.
But, he added, the provision simply closes a loophole that has been exploited
by trial lawyers angling for a big payday.
``It's not just bad for us, but it's bad for the families of autistic
children who pin their hopes on these inappropriate lawsuits,'' he said.
Bernier said she was counting on a big jury award or settlement to ensure her
son will always get the best care possible.
Bernier has nothing but scorn for the politicians who voted for the Homeland
Security Act, although she concedes many probably didn't know about the
provision protecting drug makers.
``I'm outraged at them,'' she said. ``If it were their children, it wouldn't
have happened.''
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MATERIAL CONTAINED, PRESENTED, OR PROVIDED HERE IS FOR GENERAL INFORMATION
PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS REFLECTING THE KNOWLEDGE OR OPINIONS
OF THE PUBLISHER, AND IS NOT TO BE CONSTRUED OR INTENDED AS PROVIDING MEDICAL OR
LEGAL ADVICE. THE DECISION WHETHER OR NOT TO VACCINATE IS AN IMPORTANT AND
COMPLEX ISSUE AND SHOULD BE MADE BY YOU, AND YOU ALONE, IN CONSULTATION WITH
YOUR HEALTH CARE PROVIDER.
"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?"