Saturday, May 29, 2010
Fed Appeals Court: A Clockwork Strange
Many tackling the vaccine injury compensation end of the Autism-Vaccine issue are now suggesting Autism cases which were dismissed previously due the United States Department of Justice cut-throat tactic of arbitrarily black flagging them as so called untimely filed may now re-file based on a decision by the United States Court of Appeals for the Federal Circuit.
In the opinion remanding the case of MELISSA CLOER, M.D., Petitioner-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellee the Appeals Court determined that a case which is not considered to be a table injury, one that is acknowledged by the medical profession as potentially caused by vaccine injection, can have a statute of limitations of three years from the first symptoms if nobody has any legitimate idea the vaccine(s) has played a causal role.
The Appeals Court was pretty clear that for un-tabled vaccine injury the statute of limitations shall begin from the time the injury is recognized by the medical profession at large as the result of vaccination and/or the claimant has received medical information that the likelihood injury has resulted from a vaccine.
Dr. Cloer was vaccinated three times with the Hepatitis B vaccine between 1996 and 1997 and fell ill in time. At a much later time, 2004, she found an article relating her illness to vaccine injection. She then filed a vaccine injury claim, but her case was thrown out when the USDOJ attorneys assigned to protect vaccine manufacturing drug companies from product liability noted it was filed in 2005, but signs of her illness came in 1997.
The Appeals Court gave the doctor a favorable decision because there was no published article prior to her picking up a medical profession trade journal and she testified that she nor any of her treating physicians had no prior knowledge that Multiple Sclerosis could be caused by vaccination.
In study, one must wonder why there is any statute of limitation placed for vaccine injury and death? A typical adverse event, if any, may or may not occur. Many do and are disregarded as apparently minor. Yet it often takes years for the true magnitude of the injury caused by vaccination to manifest itself. This is why the vaccine industry does not acknowledge any vaccine injury. The public is not typically informed of any vaccine-induced illness by government authorities at any time. Moms and dads of infants and toddlers normally do not read medical trade journals. And certainly, since infant and toddler vaccines are so profitable to their clinics, pediatricians do not narc on the vaccine manufacturing drug companies nor do they willingly release medical records in the likelihood that they've fried the brains of a baby with mercury-laced vaccinations.
The CDC anti-litigation bloc of Autism research feels that epidemiology is their get out of jail card. They know fully that Autism or some sort of Autistic-like negative neurological outcome after vaccination can and does happen. Why else would vaccine safety studies combat negative neurological outcomes with Thimerosal-containing placebos? Why else did the anti-litigation bloc ignore Chemistry, Biochemistry, etc. and seek those willing to dilute negative neurological outcomes by manipulating the data?
We are told the odds of any infant under the age of two becoming developmentally disabled after Thimerosal-containing vaccines are one in a million. That may seem to make negative neurological outcomes due to ethyl-mercury injections very rare. Yet we are also told the odds of winning the lottery on a weekly basis can be as high as thirteen million to one. Despite long odds, we can plainly see there's a lottery winner nearly every week making the likelihood that no child has ever become Autistic after Thimerosal-containing vaccines extremely untrue.
The big picture suggests that every effort to keep cases of vaccine-induced Autism away from jury trials continues. By remanding Cloer the regular court points out that Autism cases thrown out by vaccine court have no less the suggestion to public law that other than a timely filing issue these are legitimate vaccine-induced Autism claims. It certainly does seem as if there is an unwritten rule of thumb being applied to some of the thousands of Autism cases.
In essence, regular court says how can you do this? If you determine a statute of limitation based on a symptom evident in medical records or apparently in testimony, you also unwittingly establish causation in fact pertains to each case thrown out.
Any families attempting to file or re-file based on the Cloer decision have an unusual twist...Autism is now more un-tabled as vaccine injury than it ever has been before thanks to an all-out aggressive attack on Autism researchers by anti-litigationists within the drug company circle. It's hard to tell if the Appeals Court was upholding the rights of vaccine-injured individuals or simply consolidating all vaccine-induced Autism cases.
As the fortune cookie says, "No harm in putting all your eggs in one basket - just watch it closely".
Lots and lots of seriously tainted, non-contemporaneous research similar to stinky rotten eggs has been filed by the CDC anti-litigation bloc of Autism research. All of this bogus work has remained accepted unquestioned by vaccine court special masters.
With the disclosure of Poul Thorsen, a CDC anti-litigation bloc of Autism research ringleader wanted by Danish Police on fraud charges filed by his former university, we can fully expect a lot of fake studies will be coming into question as should be. Nothing further from the truth than research bought and paid for after the fact an industry has once again done something terribly wrong.
To those families with renewed hope that America will come to aid our vaccine-injured children just remember, it's not our fault that the vaccine manufacturing drug companies fear public trials. Nobody in America cried to establish a court where two-thirds of vaccine injury claims are rejected. We really don't concern ourselves with the going Autism rates in Togo Togo. It's not our problem. The vaccine manufacturing drug companies bought and paid for vaccine court just to avoid facing American justice. Approaching vaccine injury at the federal level was the best way to strip the American people of their power.
Since the proliferation of Thimerosal-containing vaccines took place not long after the establishment of vaccine court, the vaccine industrial complex is the one moving the goalposts, not the other way around.
We know that Americans do care. You have to trust the people of America to see the drug companies lying through their teeth about Autism. They lied about SARS. They lied about West Nile. They lied about Bird Flu. They've lied about Swine Flu twice now. As pathological liars are clearly pathological in their lies, Americans accept the vaccine manufacturing drug companies are lying about vaccines causing Autism, too.
This decision once again seems to be everything the Appeals Court has been hounding DOJ/HHS on. There are instances in the past where the regular court has rubbed the noses of special masters in their mess pointing out to them that cherry-picking for a first symptom in order to throw out cases is not a fair practice.
In the Autism: A Novel Form of Mercury Poisoning, for example, the list of possible symptoms for either Autism or mercury poisoning number over one hundred. With so many possible symptoms it's certainly reasonable to suggest that any child will exhibit a couple dozen or so "first symptoms" regardless of their ultimate destination as they continue to develop.
A large number of Autism claims relate to the fact that regression into Autism as a result of vaccines is not always an overnight thing. Thimerosal is not directly injected into the bloodstream of our babies. Each of the billions of ethyl-mercury molecules enters a part of the body where it must migrate to reach the bloodstream.
The Cloer ruling certainly brings this to light.
Cases for Autism thrown out on a so called lack of timely filing leave the impression that otherwise these are legitimate vaccine-induced Autism claims. Accordingly, the regular court notes this and it bothers them. By remanding them back into vaccine court after what you and I see as an enormous PR blitz which has thrown a spotlight on the dubious efforts to expunge any research connecting vaccines to Autism it may most likely be to consolidate all Autism cases.
What may follow that is either really great or really evil. The DOJ/HHS really has no interest in compensating our families. It was clear when they hastily dumped three children to smother the emerging Poul Thorsen fraud story. That was strategic, not coincidental.
I would think if any re-file the entire system will use this to gauge the effect that throwing cases out so far has had on the resolve of families. With decisions regarding Autism-mercury about to be ruled on by the high court remanding technically invalid, but otherwise legitimate claims back in vaccine court the regular court limits the impact of what the high court might have to say.
Of course, the hard core attitude suggests that Cloer is simply to cast the perception that there isn't politics working behind the scenes to rig the high court. Time and time again families have been led to believe one thing then hit with a back-loaded master plan at the tail-end of things.
Ironically, by potentially remanding Autism cases back to vaccine court, the regular court, perhaps shortsightedly, has further tempered all Autism claims. But that's what they want us to think.
The evil comes when and if the vaccine court agrees to accept the Autism cases back collectively and without a lot of objection. While it may seem a change of heart has taken place, the reality is they may be doing so in order to reject all Autism claims once and for all.
They don't call it the "House That Merck Built" for nothing.