Sun. Sep 15th, 2019

Misconduct by Vaccine Court – Omnibus Autism Proceedings

Misconduct by Vaccine Court - Omnibus Autism Proceedings

As of 2015 the annual cost for autism was $268 billion and is expected to reach $1 trillion by 2025. Since this miscarriage of justice, roughly one million children have been diagnosed with autism. According to parents. a significant number of these cases resulted from vaccine injuries. (1,000,000 x $400,000 = $400,000,000,000 – $400 billion.)
These growing costs now fall on families and on taxpayers through the costs borne by local school districts, states and Medicaid. Every state is now facing skyrocketing special education costs and dramatic increases in chronic health problems amongst its children. RFK Jr.

If the vaccine trust fund is depleted, then vaccine companies loss their immunity.
Hannah Poling received a $20 million sealed settlement for autism.
5,400 autism cases x $20 million = $108 billion.


Misconduct by Vaccine Court - Omnibus Autism Proceedings


Request for Office of Inspector General to Investigate Fraud and Obstruction of Justice

Misconduct by Vaccine Court – Omnibus Autism Proceedings


By Louis Conte

Robert F. Kennedy Jr., Chairman of Children’s Health Defense (CHD) and Rolf Hazlehurst, the father of a vaccine-injured child have petitioned Michael Horowitz, the Inspector General of the Department of Justice (DOJ) to investigate the conduct of two DOJ attorneys, Vincent Matanoski and Lynn Ricciardella. The two attorneys represented the Secretary of Health and Human Services in the National Vaccine Injury Compensation Program (NVICP), otherwise known as the “Vaccine Court”, in the Omnibus Autism Proceedings (OAP).  The alleged actions of the two attorneys in the OAP were fraudulent and obstructed justice.

Kennedy and Hazlehurst have also written to the House of Representatives’ Judiciary Committee and the Senate’s Committee on the Judiciary requesting that the conduct of Matanoski and Ricciardella be investigated.

What is the NVICP?

The 1986 National Childhood Vaccine Injury Act established the National Vaccine Injury Compensation Program (NVICP) to ensure that children were quickly, compassionately and fairly compensated for vaccine injuries. The 1986 Act, passed by Congress and signed into law by President Ronald Reagan, effectively granted vaccine manufacturers freedom from civil tort liability. A petitioner who asserts that their child has suffered a vaccine injury must file a petition for compensation against the Secretary of Health and Human Services (HHS) in the NVICP.

The Secretary of HHS is defended by DOJ attorneys from the Civil Torts Branch. As originally conceived, the NVICP was intended to a be a non-litigious compensation program that was supposed to lean toward fairly compensating vaccine-injured children. Petitioners were to meet a “preponderance of the evidence” level of proof to establish that a vaccine injury occurred to merit compensation. This burden of proof is much less than the “beyond a reasonable doubt” standard that must be met in a criminal proceeding. However, the program has not functioned as Congress envisioned and now functions in a manner that many observers feel is not favorable to petitioners.

What Were the Omnibus Autism Proceedings (OAP) and Why Are They Important Now?

Special Masters, not judges, preside over cases in the NVICP. In 2002, the Special Masters of NVICP consolidated 5,400 petitioner claims asserting that vaccine injury caused their children’s autism into the Omnibus Autism Proceedings (OAP). The Special Masters then established hearings that would address the 5,400 cases through six test cases. Originally, there were to be nine test cases. These test cases would be used to test three theories of autism causation via vaccine injury: 1) Did thimerosal, the mercury preservative used in vaccines cause autism? 2) Did the MMR vaccine cause autism and 3) Did a combination of thimerosal and the MMR cause autism?

The Hazlehurst case and the Cedillo cases were test cases. Another particularly strong test case, that of Child Doe 77, was removed as a test case, settled and sealed by DOJ and the Secretary of Health and Human Services. The government conceded the case stating that the vaccines that Child Doe 77 received resulted in her suffering an encephalopathy (brain injury), seizures and “features of an autism spectrum disorder.” Because Child Doe 77 was removed as a test case, it could not be used to establish precedent on any of the other OAP cases.

The Special Masters ruled, in a series of sharply-worded decisions, that none of the theories of autism causation in the test cases were proven and the petitions were dismissed.

Recently Discovered Evidence Turns the OAP Ruling on Its Head

Kennedy and Hazlehurst allege that Matanoski and Ricciardella acted together to intentionally misrepresent the opinion of one of their own witnesses, Dr. Andrew Zimmerman, to conceal evidence of his true opinion from the Special Masters who presided in the “Vaccine Court” and the petitioners who were seeking justice and compensation. The evidence that Matanoski and Ricciardella concealed was a report authored by Dr. Zimmerman showing how vaccines may cause autism in a subset of children with underlying mitochondrial issues.

Dr. Andrew Zimmerman is regarded as perhaps the world’s leading pediatric neurologist in the field of autism research. He was selected by DOJ as an expert witness and submitted a report on the OAP test case, Cedillo v. HHS in which he rendered the opinion that the MMR vaccine did not cause autism in the Cedillocase. However, he informed the DOJ attorneys that his opinion should not be considered a “blanket opinion” which covered all of the OAP test cases. Indeed, in Child Doe 77, Zimmerman filed a report in which he offered the opinion that vaccines did cause this child child’s autism because Child Doe 77 had an underlying mitochondrial condition. Zimmerman’s report further stated that vaccines could well trigger a regression ending in autism in a subset – perhaps a small subset – of children with a pre-existing mitochondrial disorder.

Read more:


A Review of Compensated Cases of Vaccine Induced
Brain Injury

Page 6 – Congress intended to create a largely administrative program as an alternative to the civil tort law
system. The purpose of the VICP was to establish a federal “no fault” compensation program. The Congressional Committee
Report noted that the “system is intended to be expeditious and fair” and to compensate recognized vaccine injuries “without
requiring the difficult individual determinations of causation of injury.” The purpose of the statute was to overcome the
inadequacies of the existing tort system for vaccine injured children. “[F]or the relatively few who are injured by vaccines –
through no fault of their own – the opportunities for redress and restitution are limited, time consuming, expensive, and often
unanswered. . . .Yet futures have been destroyed and mounting expenses must be met.

The 1986 Law permits them (vaccine makers and doctors) the right to not disclose known risks to parents or guardians of those being vaccinated.

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