Green Our Vaccines
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News and commentary on the autism epidemic and my beautiful boy who is living with autism.
Medical Malpractice/Negligent Administration of the DPT Vaccine
$3,500,000 Jury Verdict, May 1, 1985
The Minor Plaintiff, Bernard Forehand, Jr., was seriously injured when the Defendant Pediatrician's Nurse failed to communicate to the Defendant Pediatrician, David Tayloe that the Minor Plaintiff had an adverse reaction to the first vaccination shot. The administration of the second shot left the Minor Plaintiff with a significant brain injury. The Defendant Pediatrician, David Tayloe, who at that time was the President of the National Pediatric Association, strenuously fought this case all the way to a jury verdict. On May 1, 1985, the jury handed down what was at that time the largest jury verdict in a medical malpractice case in the State of North Carolina, in the sum of 3.5 million dollars.
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Following is a newsletter article that I (Barbara Loe Fisher) wrote in the summer of 1985 on the Forehand lawsuit:
"In May, a North Carolina jury in the Wilmington U.S. District Court decided that David Tayloe, M.D. and T. Frank Stallings, M.D., of Washington Pediatrics, P.A., were guilty of medical malpractice in the pertussis vaccine-induced brain damage suffered by Beau Forehand, Jr. The child was awarded $3.5 million in compensatory damages by the jury but the judge overturned the verdict and it was appealed.
It was the highest medical malpractice award in North Carolina history. Beau was represented by attorneys Anne Werum Lambright and Richard Polling of the Charleston West Virginia firm of Preiser and Wilson. The defense claimed that the two doctors were following the vaccination guidelines contained in the American Academy of Pediatrics 1970's "Red Book" which was in effect at the time Beau Forehand received his first DPT shot in January of 1974.
Beau reacted to his first short with a 103 degree fever and inconsolable crying, which his mother reported to the doctors. Six weeks later, Beau had a febrile seizure and was hospitalized. However, despite the reaction to his first shot and the subsequent seizure, he was given another DPT shot even though he had a cold and a slight fever at the time of the second vaccination. Within three hours of his second DPT shot he went into a major seizure and has had an uncontrolled seizure disorder ever since. He was left with severe mental retardation.
The 1970 RedBook did not list inconsolable crying, a fever of 103 degrees, a history of convulsions or a cold at the time of vaccination as contraindications to the pertussis vaccine. Attorney Lambright stated that the jury's verdict in the case sent a clear message to physicians that "The American Academy of Pediatrics Red Book should not be used as the sole guide to contraindications or adverse reactions to vaccines. The basic premise in the Forehand case is that doctors have to use their common sense, medical training, skill, knowledge and experience to make appropriate determinations for vaccination on a case by case basis."
If the jury's verdict is upheld on appeal, the Forehand case will be an important precedent-setting case. It would mean that individual physicians are responsible for obtaining knowledge and making decisions about the advisability of vaccination in individual cases which go beyond automatic reliance on the recommendations listed by the AAP or the CDC's Advisory Committee on Immunization Practices (ACIP). Examples of additional information available to physicians are the vaccine manufacturer's product inserts included in vaccine packages. which historically have listed more contraindications than those listed by either the AAP or ACIP, and the more than 40 years of scientific literature on the subject."
In a Winter 1986 newsletter, I wrote:
"On September 18, 1986, Forehand V. Tayloe and Stallings was settled for $1.1 million in North Carolina. A North Carolina jury had concluded that two pediatricians were negligent in the pertussis vaccine induced brain damage of Beau Forehand, Jr. and had awarded the boy and his parents $3.3 million. The judge overturned the verdict and the case was appealed on behalf of Beau by the law firm of Preiser and Wilson, of Charleston, West Virginia, before the Sept. 18 settlement ended the lawsuit."
BRIEF VACCINE INJURY COMPENSATION SYSTEM (VICP) BACKGROUND:
The Forehand settlement was one of a series of DPT vaccine malpractice cases against negligent physicians, as well as a few high profile punitive damage awards for DPT vaccine brain damage that went against vaccine manufacturers between 1981-1985 which persuaded Congress that both drug companies making vaccines and doctors giving vaccines should be protected from liability for vaccine injuries and deaths. The vaccine manufacturers threatened to leave the country with no vaccine if they did not get protection. Doctors threatened to stop giving vaccines if they weren't protected. Both doctors and the companies wanted a federal compensation system that banned all vaccine injury lawsuits for all time. We fought for protection of the right to access the civil justice system to sue companies or doctors if the child was turned down for federal compensation or offered too little or if it could be proved the vaccine manufacturer engaged in criminal fraud or gross negligence in the manufacture the vaccine or the doctor did the same in administering the vaccine.
I hope this is helpful.
Best,
Barbara Loe Fisher
I’m asking all parents and autism groups to join me in demanding Julie Gerberding’s immediate resignation as Director of the CDC.
On Monday, March 10th, beginning at 9:00am Eastern Daylight Time, let’s all start calling the White House and ask President Bush & Laura Bush to demand Julie Gerberding’s resignation for incompetence during the autism epidemic. The White House switchboard can be reached at:
202-456-1414
Also, on the same day, please call your local Congressperson and Senators from your state and ask them to call for her resignation, too.
Julie Gerberding has led the CDC for 6 years during a time when the autism epidemic has only gotten worse. Despite tens of thousands of children who declined just like Hannah Poling, Ms. Gerberding stood before cameras yesterday defiant, cold, and defensive. Where is her humanity in the face of such tragedy? Why couldn’t she have said, “We at CDC want to make sure what happened to Hannah doesn’t happen to any other children, we want to make vaccines safe”?
Rather than listen to the heartbreaking stories of so many parents, you can be sure that Ms. Gerberding is spending her time right now trying to get the Spin Machine up and running to minimize, confuse, and deceive the American public.
The autism epidemic won’t end until we fix the vaccine schedule by reducing total vaccines, separating shots, waiting until our kids are older to begin shots, greening our vaccines, and screening for at-risk kids. Ms Gerberding has stood by and watched self-interested parties more than triple our vaccine schedule and I’m certain her inactivity to help our kids will continue.
The chances of Ms. Gerberding taking the radical steps to reform the CDC and reform our vaccine schedule to make it kid-safe are zero! We need a new CDC Director who is an open-minded reformer and who recognizes that we are experiencing an epidemic of autism, which Ms. Gerberding has never publicly admitted.
Please, parents and national autism organizations, let’s all help make our voices heard on Monday.
Thank you,
Jenny McCarthy
From: Susan Martin (ssmartin@aap.org)
Sent: Wednesday, February 13, 2008 2:29 PM
To: SPOKESPERSONS@LISTSERV.AAP.ORG
Subject: parent spokespersons
Hello,
As part of our ongoing response to media stories regarding autism and vaccines, the AAP communications department is compiling a list of parents who support the AAP and are available for interviews. We are looking for two types of parents who could serve as spokespersons:
Parents of children with autism spectrum disorders who support immunization and who do not believe there is any link between their child’s vaccines and his or her autism.
Parents of children who suffered a vaccine-preventable illness. This could be a parent who declined immunization, whose child became ill before a vaccine was available, or whose child was ineligible for immunization.
We are asking for your help identifying parents who would be good spokespersons. They do not need to be expert public speakers. They just need to be open with their story and interested in speaking out on the issue. We will contact candidates in advance to conduct pre-interviews, to offer guidance on talking to reporters and to obtain a signed waiver giving us permission to release their name.
If a parent were placed on our list, we would offer their name and contact information to select media. We hope to build a list of parents from a wide range of geographical areas.
As the Jenny McCarthy and “Eli Stone” stories illustrate, this issue is likely to recur in the national and local media. The AAP is committed to doing all we can to counter such erroneous reports with factual information supported by scientific evidence and AAP recommendations.
The anti-vaccine groups often have emotional family stories on their side. The ability to offer a reporter an interview with a similarly compelling parent who is sympathetic to the AAP’s goals is a powerful tool for our media relations program.
Please contact me if you have any questions or to suggest a parent to interview.
Thank you,
Susan Stevens Martin
Director, Division of Media Relations
American Academy of Pediatrics
847.434.7131

AAP WAGS THE DOG: FIND US SOME SICK KIDS PRONTO!
American Academy of Pediatricians email reveals panic and new low in “media planning.” (Full email at end of post.)
By J.B. Handley
Dear Ms. Martin:
I understand you are the Director of Media Relations for the American Academy of Pediatrics. I read your email of February 13th to medical practitioners (that I have included below in its entirety) describing a nationwide search for parents that, in your words, fit one of two profiles. First:
“Parents of children with autism spectrum disorders who support immunization and who do not believe there is any link between their child’s vaccines and his or her autism.”
Second:
“Parents of children who suffered a vaccine-preventable illness. This could be a parent who declined immunization, whose child became ill before a vaccine was available, or whose child was ineligible for immunization.”
Apparently, you are trying to establish connections with these families because:
“The anti-vaccine groups often have emotional family stories on their side. The ability to offer a reporter an interview with a similarly compelling parent who is sympathetic to the AAP’s goals is a powerful tool for our media relations program.”
It sounds like you have a system in place to prepare these parents to meet the media, according to your email:
“We will contact candidates in advance to conduct pre-interviews, to offer guidance on talking to reporters and to obtain a signed waiver giving us permission to release their name.”
As the father of an autistic child and the leader of a national autism organization, I found myself sitting at my desk, my chin nearly hitting the floor, in stunned astonishment as I read your email. Where, exactly, has the AAP’s humanity and moral compass gone?
Ms. Martin, let me give you a little insight into my world. If I wanted to find parents who had autistic children and who believed their child’s autism was impacted by vaccines, I wouldn’t need to email the nation’s pediatricians hoping I might find one or two. I could just open my window and yell, because these parents are everywhere in my neighborhood and town! Worse, our numbers continue to grow.
You see, not a day goes by without Generation Rescue receiving an email from a new parent who watched their child decline following a vaccination appointment with their pediatrician. While you search for the handful of parents with autistic children who may support immunizations, we can’t respond to emails fast enough from the thousands we hear from who feel vaccines contributed to their child’s autism. You may think our organizations have some sort of well-orchestrated system for having “emotional family stories” teed up for reporters. What’s actually true is that within a phone call or two, any reporter worth their salt could find parents anywhere in the country who feel exactly like I do.
And, that gets us right back to the problem with your organization as many of us see it. When Generation Rescue rented a booth at your national convention 2 years ago, we were stunned by how many AAP members came to our booth, quietly mentioned that they supported what we were doing, and encouraged us to keep fighting for the kids.
Let me repeat that: Hundreds of your members congratulated my organization for fighting for the kids!
Meanwhile, employees of the AAP like yourself have your head in the sand:
Where is the media story of the AAP sounding the alarm that the prevalence of autism continues to rise?
Where is the media story of the AAP digging into the growing number of stories of children recovering from autism?
Where is the AAP when parents return to the pediatrician and explain to the doctors they trust that their child disappeared after receiving multiple vaccines?
Where is the AAP to help protect our kids from a growing, devastating epidemic of Autism, ADHD, PDD-NOS, asthma, food allergies, learning disorders, and other autoimmune issues?
You are nowhere.
You are looking for the needle in the haystack parent with the autistic child who supports vaccines.
You are looking for the parent with the illness to exploit to scare the masses.
What you should be looking for, Ms. Martin, is your own soul, which you seem to have lost somewhere along the way. Worse, particularly if you are a parent yourself, you also seem to have lost the ability to listen to the parents and to put the needs of our kids first.
Shame on you, Ms. Martin, for planning such blatant manipulation of the media.
Shame on you for being part of an organization that has done nothing to respond to the growing epidemic of autism.
Shame on you and your organization for never exploring the growing body of stories of recovered children.
With deep disappointment and disgust,
JB Handley
Co-Founder
Generation Rescue
JB Handley is Co-Founder of Generation Rescue and Editor at Large for Age of Autism.

Jenny McCarthy on Oprah
Barbara Loe Fisher Commentary:
When she was not yet a superstar or even broadcasting nationally, in early 1985 a friend gave Oprah a copy of "DPT: A Shot in the Dark," which was the first report of an association between autism and vaccination. "We're waiting until it comes out in paperback," a producer told her friend. The paperback version was published in 1986 but, by then, Oprah had starred in "The Color Purple," her show had been nationally syndicated and the vaccine safety debate had become a heated controversy. Over the last two decades, many parents of vaccine injured children have written letters to Oprah in hopes that she would do a show about vaccine risks.
Yesterday, after 22 years, Oprah finally talked about vaccine injured children when she interviewed Hollywood Moms, Jenny McCarthy and Holly Peete. Jenny has written a book on her experience of watching her two and a half year old son regress into autism after an MMR shot.
On the show, Jenny talked about the increases in autism among children and asked what parents of vaccine injured children have been asking for a quarter century: "What number will it take for people just to start listening to what the mothers of children who have seen autism have been saying for years, which is, 'We vaccinated our baby and something happened."
Jenny says even before Evan received his vaccines, she tried to talk to her pediatrician about it. "Right before his MMR shot, I said to the doctor, "I have a very bad feeling about this shot. This is the autism shot, isn't it?' And he said, 'No, that is ridiculous. It is a mother's desperate attempt to blame something,' and he swore at me, and then the nurse gave [Evan] the shot," she says. "And I remember going, 'Oh, God, I hope he's right.' And soon thereafter-boom-the soul's gone from his eyes."
The CDC's prepared response to a query from the Oprah Show staff about whether there is a link between autism and vaccines was "CDC places a high priority on vaccine safety and the integrity and credibility of its vaccine safety research. This commitment not only stems from our scientific and medical dedication, it is also personal-for most of us who work at CDC are also parents and grandparents. And as such, we too, have high levels of personal interest and concern in the health and safety of children, families and communities. We simply don't know what causes most cases of autism, but we're doing everything we can to find out. The vast majority of science to date does not support an association between thimerosal in vaccines and autism. But we are currently conducting additional studies to further determine what role, if any, thimerosal in vaccines may play in the development of autism. It is important to remember, vaccines protect and save lives. Vaccines protect infants, children and adults from the unnecessary harm and premature death caused by vaccine-preventable diseases."
It is curious that the CDC would confine its response regarding the autism-vaccine connection to thimerosal, when MMR vaccine has been strongly associated with regressive autism and live virus MMR vaccine never contained thimerosal. The National Vaccine Information Center, which has operated a Vaccine Reaction Registry since 1982, continues to receive reports from parents describing how their children regressed after receiving live virus or non- mercury containing vaccines, often after being given 8 to 12 vaccines on one day. The most heart-breaking stories are when children are vaccinated over and over again despite deteriorating health because their pediatricians are in denial about vaccine risks.
Jenny McCarthy gave a star turn on Oprah when she clearly, simply and passionately described what happened to her son after vaccination and how she was empowered by information she found on the internet to find ways to cure his vaccine-associated regressive autism. She listened to her mother's instinct and pursued a course of treatment that involved nutrition and other alternative therapies. It is a story of a mother's love and determination to heal her son after he was given the diagnosis of autism, a neuroimmune disorder that so many pediatricians are taught is untreatable.
In the early 1990's, a mother in California, Cindy Goldenberg, was the first Mom to cure her son of regressive autism by listening to her mother's instincts and doing her own research into vaccine-induced neuroimmune dysfunction. Her son experienced regressive autism after receiving MMR vaccine. Cindy sought out IVIG therapy as well as nutritional and probiotic therapies that she said "healed his gut." Her son was soon in a regular classroom and this year he graduated from high school.
As of last night, there were nearly 2,000 messages, primarily from Moms, for Jenny and Holly posted on Oprah's website at http://www.oprah.com/community/thread/1812
Bravo, Oprah. You allowed Jenny to tell it like it is. You have helped millions of Moms across America understand what happened to their children, who changed physically, mentally and emotionally after getting vaccinated, and now suffer with autism and other kinds of vaccine-induced brain and immune system dysfunction such as learning disabilities, ADHD, seizure disorders, asthma, and diabetes.
If your child stopped speaking, wouldn't look you in the eye and completely ignored the world around them, what would you do? In her new book, Louder Than Words: A Mother's Journey in Healing Autism, actress Jenny McCarthy shares her emotional story of diagnosis, hope, faith and recovery-a journey many thousands of parents now face.
National Vaccine Information Center
email:news@nvic.org
voice: 703-938-dpt3
web: http://www.nvic.org
Jenny McCarthy to represent autism group
By Sue Thoensen
Reader Feedback - Currently 1 comment(s) Comments
Talk About Curing Autism, a Newport Beach-based organization helping families with children affected by autism, has announced that actor Jenny McCarthy will be its new spokeswoman.
McCarthy, whose son Evan was diagnosed with autism in 2005, is the author of the book "Louder than Words — A Mother's Journey in Healing Autism," set to be released in September.
McCarthy will be involved with the group's fund raiser "Ante Up for Autism" in October. She will participate in live online chats via the group's website and will post her own ongoing blog once the book has been published.
Lisa Ackerman, founder and director of Talk About Curing Autism, said her organization is blessed to have "such an outspoken friend" in McCarthy, and that "her story, her son's journey with autism, and her efforts to advocate and reach out to help families affected by autism should be commended."
For more information, call Talk About Curing Autism at (949) 640-4401 or go to www.tacanow.org.