Access to Vaccine Data Sought by Attorneys for 5000 Vaccine-Injured Children
CDC Has Denied Access to Data by Independent Experts - Hearing Currently
Scheduled for June

      From A-CHAMP, Advocates for Children's Health Affected by Mercury
Poisoning
http://capwiz.com/a-champ/issues/alert/?alertid=9201606&type=CU

    The attorneys representing more than 5000 children and families in the
vaccine court filed a motion last week to gain access to the database for
non-government researchers. The action may prove to be the most important
step taken to date to get access to the key vaccine database involved in the
controversy over the link of vaccines to autism. The database is known as
the Vaccine Safety DataLink ("VSDL"). You may obtain a copy of the complete
motion and exhibits at http://a-champ.org/vaccinecourt.html
    This filing is the second time attorneys have attempted to obtain access
to the database, that has been the subject of great controversy. In 2005 a
report of the Institute of Medicine ("IOM") on data sharing was highly
critical of the CDC's handling of the VSDL and the inability of outside
researchers to conduct studies using the database. (The complete 2005 IOM
Report is an exhibit to the motion that can be downloaded at the A-CHAMP web
site.)
    The Petitioners Steering Committee ("PSC") is a group of attorneys who
each represent one or more of the vaccine claimants in a U.S. Court of
Federal Claims proceeding called the "Omnibus Autism Proceeding." In
addition to the 2005 IOM report, the attorneys relied on a more recent
report produced by the National Institutes of Health ("NIH") that was also
heavily critical of the use of the vaccine database. The attorneys argue
that justice requires access to the vaccine data by children alleging that
their neurodevelopmental disorders, including autism, were caused by
thimerosal in vaccines or by the MMR vaccine, or both. Thimerosal is a
synthetic organic mercury compound that was heavily used in vaccines until
at least 2002-2003, and is still used in vaccines as a preservative,
including the flu shot.
    The NIH report that criticized CDC studies using the vaccine database
was the culmination of advocacy efforts by A-CHAMP and other groups. In
response to parent advocacy, Sen. Joseph Lieberman and colleagues enacted
legislation urging the National Institute of Environmental Health Sciences
("NIEHS"), an institute at NIH to conduct a review of the vaccine database.
You may obtain a copy of the October 2006 NIH report on the vaccine database
entitled "Thimerosal Exposure In Pediatric Vaccines" at
http://a-champ.org/congressional_letter_2-22-06.html.
    In their legal papers the attorneys recount the history of access being
denied to the vaccine database.  In 2005 their efforts were frustrated when
it was learned that the control of the vaccine database was presumably given
to a private third-party called America's Health Insurance Plans, or AHIP.
The attorneys now argue, however, that subsequent actions by the CDC in
restricting access to the vaccine database show that control is still vested
in the CDC. The attorneys emphasize that because the database is vitally
important in determining whether vaccines cause autism, access to the
database by researchers independent of the CDC should be compelled by the
Court in the interest of justice. The attorneys propose a specific
investigational plan for study of the vaccine database. As stated in the
moving papers, "[s]imply put, granting access to this crucial data will
provide nearly 5,000 neurologically and neurodevelopmentally injured
children with their best chance of success in the [Vaccine] Program and
obviate the need for civil lawsuits to secure access to the data. Denial of
the PSC's motion, on the other hand,  ... will deny these autistic children
the "fundamental fairness" required by Vaccine Rule 8(c)..."
    A-CHAMP will continue to follow developments in the vaccine court and
other legal forums very closely over the next six months. In June 2007 the
vaccine court has scheduled a hearing to answer the question as to whether
vaccines, mercury in vaccines, or the MMR vaccine have caused
neurodevelopmental disorders in children. A-CHAMP will be taking the lead in
providing you with information regarding this historic proceeding and
providing information to allow parents to follow and attend the proceedings.
    A-CHAMP is a political action organization founded by parents of
vaccine-injured children and working to improve the welfare of their
children. Look for frequent updates on this and other related matters from
A-CHAMP. See Our Action Alerts. Click the TAKE ACTION! button
http://capwiz.com/a-champ/home/