V.J.M. v. HHS - MMR, autistic disorder (2017)
Case summary [AI summaries can sometimes make mistakes]
This case, along with 22 others consolidated under the "mini-omnibus" proceeding of V.J.M. v. Secretary (No. 02-10V), was filed on January 4, 2002, by Richard Kristopher Young and Christina Young on behalf of their minor son, V.J.M.
The petitioners alleged that the Measles, Mumps, and Rubella (MMR) vaccine, received by V.J.M. on January 19, 1999, caused his autistic disorder. The petition also mentioned the Hepatitis A and Varicella vaccines.
The petitioners' theory of causation posited that residual human DNA fragments and HERV-K endogenous retrovirus elements in the MMR vaccine triggered autistic disorder through insertional mutagenesis or autoimmunity. The respondent argued that the petitioners failed to provide adequate evidence of causation.
Chief Special Master Nora Beth Dorsey issued a decision on August 31, 2017, denying entitlement and dismissing the petition. The decision was refiled in redacted form on February 7, 2018.
The Special Master found that the petitioners failed Prong One of the Althen test, concluding that the evidence did not preponderantly demonstrate that the MMR or any other vaccination could cause autism. Specifically, Dr.
Theresa Deisher's "autism change point" study was found to have significant methodological limitations, including an ecological design, data accuracy issues, and flawed statistical analysis. The proposed mechanisms of insertional mutagenesis, retrograde transport, microvesicle transport, and hematopoietic stem cell involvement were deemed undeveloped or contradicted by the absence of supporting experiments.
Dr. Deisher conceded that the role of HERV-K in disease was observational and unknown.
The decision noted that numerous epidemiological studies overwhelmingly rejected MMR-autism causation. The petition was dismissed on the same date as the lead V.J.M. decision, following the reasoning outlined therein.
Petitioners were represented by Clifford J. Shoemaker, and the respondent was represented by Heather Lynn Pearlman.
Theory of causation
Petitioners alleged that residual human DNA fragments and HERV-K endogenous retrovirus fragments in the MMR vaccine triggered autistic disorder in the minor child, V.J.M., through insertional mutagenesis and autoimmunity. The primary expert for the petitioners, Dr. Theresa Deisher, conducted a "change point" study analyzing autism prevalence data and correlating it with vaccine introduction dates, identifying change points in 1980.9, 1988.4, and 1996 in the U.S. She proposed insertional mutagenesis, retrograde transport, microvesicle transport, and hematopoietic stem cell mechanisms, as well as autoimmunity, as potential causal pathways. Respondent's experts, including Dr. M. Daniele Fallin, Dr. Neal Halsey, and Dr. Dan Arking, criticized Dr. Deisher's study for its ecological design, data accuracy issues, inappropriate statistical methods, and failure to account for confounding factors and changes in diagnostic criteria. They presented numerous epidemiological studies that found no association between the MMR vaccine and autism. The Special Master found Dr. Deisher's proposed mechanisms to be undeveloped, speculative, and lacking sufficient scientific support, failing to meet the Althen Prong One standard for causation-in-fact. The case was dismissed for insufficient proof. Petitioners' counsel was Clifford J. Shoemaker, and respondent's counsel was Heather Lynn Pearlman. Chief Special Master Nora Beth Dorsey issued the decision on August 31, 2017, refiled in redacted form on February 7, 2018.
Source PDFs
USCOURTS-cofc-1_05-vv-00207