Vaccination Induced (Mitochondrial?) Autism -

July 30, 2008
Heckenlively on the Omnibus Autism Proceeding 7/21-23
Going for the Knock-Out Punch! – The Omnibus Autism Proceeding – Second Set of Hearings (Thimerosal & Autism) – Days Fifteen through Eighteen – July 21-23, 2008

By Kent Heckenlively, Esq.

It’s the kind of knock-out punch every attorney dreams of delivering in an important case. Turning the opposing side’s expert witnesses to your side.

While I’m sure some may quibble with whether that actually happened with the withdrawal of the expert testimony of thimerosal experts Drs. Magos and Clarkson, it is certainly what attorneys for the families argued. Even more damning was that fact that Dr. Clarkson was one of the co-authors on the Burbacher monkey study which showed thimerosal-containing vaccines delivered high levels of mercury to the brain which in turn caused neuro-inflammation.

Many of the arguments and counter-arguments in the third of this group of hearings, and sixth in the entire proceeding, have been made before, but the withdrawal of the expert reports of Drs. Magos and Clarkson makes it very difficult (in my opinion) for the government to prevail. And it was a point which family attorney Timothy Powers made sure stuck out like a sore thumb.

In his opening remarks Powers briefly reviewed the history of Colin Dwyer and that Dr. Mumper would show the legal sequence of cause and effect leading to Colin’s autism.

In her opening remarks, government attorney Lynn Ricciardella remarked that this case was only about specific causation, and that the issue if general causation was now closed. The case had to rest on good, credible science, and had to comport with the standard established in the Daubert case.

Direct Examination of Maria Dwyer (Mother of Colin Dwyer) by Mr. Powers – Attorney for the Families

Mrs. Dwyer, who had worked in media for NBC radio and MTV reviewed the history of her son, Colin. He developed normally until approximately 20 months when he had a vaccination. Colin lost language, would scream and cry, and became difficult to pick up. In addition, he later developed self-injurious behaviors.

The Dwyers tried numerous, costly interventions, before beginning work with Dr. Kenneth Bock, a DAN (Defeat Autism Now) doctor. Colin was put on a gluten/casein free diet and there were immediate improvements in his bowels and physical appearance. Chelation therapy showed his mercury levels were off the charts.

There have been no suggestions that Colin is mentally retarded, as he seems to learn quickly and uses his PECS (picture exchange system) with good proficiency. On a daily basis he still seems to have rigid and compulsive behavior and may hit himself if he becomes frustrated.

While Colin is not recovered, in comparing Colin with three other similarly affected children who were roughly similar many years ago, Colin is the most high-functioning of the group.

Cross-Examination of Mrs. Dwyer by Ms. Lynn Ricciardella (Attorney for the Government)

Mrs. Dwyer believes Colin’s autism was caused by his thimerosal-containing vaccines because his regression started right after receiving his vaccines in July 2000.

Questions from Special Master Denise Vowell

Colin received 4 hepatitis B vaccines rather than the usual 3 vaccines. Although Colin started the gluten/casein free diet, the Dwyers noticed later that it seemed he could handle the gluten without any negative effects.

Direct Examination of Timothy Dwyer (Father of Colin Dwyer) by Mr. Timothy Powers – Attorney for the Families

Mr. Dwyer worked for the New York fire department for 16 years and the police department for 4 years. He was in the second wave of fire-fighters during the 9/11 attacks in New York, arriving just as the towers were coming down.

In Colin’s first year of life there were no problems for him with sirens and he did not appear to have any sound sensitivities. He recalled his wife saying at 13 months that Colin was “into everything.” He also recalls how during the 17-18 month period he spent a lot of time with Colin, going out into the neighborhood, or the beach, and that Colin was fine. After 20 months however, that all changed.

In early 2001 Colin started hand-flapping and displaying other sensory issues. While Colin is better today than he used to be, Mr. Dwyer is worried about Colin’s future. He doesn’t like the idea of Colin living in a group home or being lonely......