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Eric J. Parker
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| Matters handled
by Massachusetts
Attorney Eric J. Parker:
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April 2006 |
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On May 1st, 2006, Parker Scheer LLP will celebrate the tenth anniversary of its founding -- and what a fantastic first decade it's been. From an office of two attorneys, Parker Scheer has grown to an organization of nearly twenty professional staff members, practicing in five practice groups. Our facilities have also grown. From a small suite of offices located on the 16th floor of 125 High Street in Boston, the firm now occupies over ten thousand square feet, on two floors at One Constitution Center in Boston.
Yet despite our growth, Parker Scheer has remained firmly committed to providing our clients with the high quality legal services they expect and to delivering the kind of results that have earned us the highest rating awarded by Martindale Hubbell® to any law firm for professional skill and ethics.
Though our newest on-line publication The Letter, we renew
our pledge to maintain regular communication with our clients,
referring counsel, and friends, and to providing timely legal
news and information relevant to your personal and professional
lives. We hope you enjoy it, and look forward to receiving
your feedback in the months ahead.
On behalf of everyone at Parker Scheer, thank you for your continued trust and confidence in us.
Sincerely,
Eric J. Parker
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Spotlight |
Can Immunizations Cause Autism?
Childhood
immunizations cause autism at the same rate that red M & M's
caused cancer.
You may have read articles or seen advertisements from law firms
claiming to represent children who have been diagnosed with
autism as a result of receiving childhood vaccinations. These
attorneys and firms are capitalizing on a parent's hope that
they can uncover a reason for their child's diagnosis. This
began in 1998 when the British medical journal the Lancet published
an article linking the measles-mumps-rubella vaccine (MMR) with
autism. Autism is defined as a serious developmental disorder
that manifests as problems with communication, social interaction,
and behavior. The 1998 Lancet study followed just 12 children
who were given the MMR vaccine. A more recent study in the Lancet
looked at nearly 500 children and found no greater incidence
of autism with children who were given the MMR vaccine. The
Centers for Disease Control is currently researching the link
between the two with the hopes of resolving this issue for good.
Understandably, parents have been increasingly concerned since
that time because no one has been able to account for the increased
incidence of the disease. To further complicate matters, recent
news reports have attempted to link autism to vaccines that
contain the mercury-based preservative thimerosal. This preservative
has absolutely nothing to do with the purported link between
the MMR vaccine and autism because the MMR vaccine has never
contained thimerosal.
Prior to 1999, thimerosal was used as a preservative in childhood
immunizations such as Diphtheria-tetanus-pertussis (DPT) and
Hib vaccines, as well as the Hepatitis B and flu shots. A study
performed by the Food and Drug Administration in 1997 concluded
that children, in the first six months of life, were exposed
to a cumulative total of 187.5 micrograms (mcg) of ethyl mercury.
This amount exceeded the Environmental Protection Agency's (EPA)
guidelines for methyl mercury (same mercury that is found in
certain fishes). There are currently no guidelines for ethyl
mercury - the type used in thimerosal. To be safe, the FDA and
the American Academy of Pediatrics (AAP) decided in 1999 to
eliminate the use if thimerosal in all childhood vaccines. Thimerosal
is still found in adult versions of the flu shot. The children's
version of the flu shot is thimerosal-free.
Research studies have been performed by various health organizations,
including one performed by the U.S. Centers for Disease Control
in 2003, which examined data from more than 120,000 children
at two different HMOs and found no higher incidence of autism
among children exposed to varying levels of thimerosal. In 2004,
a study performed by the World Health Organization concluded
that there was no link between thimerosal and autism. In fact,
in that study, the incidence of autism was greater in children
who were not exposed to thimerosal.
Because of the tenuous link between MMR and autism and thimerosal
and autism, it is inconceivable that any attorney could prove
that: (1) a product defect existed and/or exists with respect
to the MMR vaccine or thimerosal-containing vaccinations; and
(2) that the MMR vaccine or thimerosal-containing vaccinations
caused the child's autism diagnosis. Most experts believe that
autism may be at least partly genetically inherited and can
imagine no biologically plausible reason that a vaccination
would trigger it. It seems logical that without any scientific
evidence to establish the causal link, any plaintiff's expert
claiming that the MMR vaccine or thimerosal-containing vaccinations
cause autism would be disqualified at a Daubert hearing.
I would encourage you to follow the Centers for Disease Control
study with respect to this issue. Also, on March 16, 2006, Congress
enacted a provision in the Labor/HHS Appropriations bill urging
independent research using secret government Vaccine Safety
Datalink (VSD) to identify or rule out an association between
thimerosal exposure and an increased rate of autism.
For the foreseeable future, I think that it is reasonable to
believe that the US government is not helping the drug manufacturers
prosper at the expense of our children's health. I think it
is also reasonable to assume that any claim predicated on this
theory will fail, and any attorney seeking to recruit claimants
is misinformed regarding the data supporting the link between
vaccines and autism.
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