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May 26, 2002
Lawyer files class-action lawsuit saying vaccinations harmed kids
VANCOUVER (CP) -- A class-action lawsuit has been launched on behalf
of families from across Canada who contend their children were damaged
by the vaccines that were supposed to protect them.
David Klein, a Vancouver class-action lawyer, filed suit May 9 in
Ontario Supreme Court against pharmaceutical giant Aventis Pasteur on
behalf of 100 families from Ontario, Manitoba, Alberta and
Saskatchewan.
The families claim their children went from being healthy, active
toddlers to having severe neurological disorders such as autism.
The suit contains allegations that have not been proven in court.
Klein hasn't yet received a statement of defence from the drug
company, though he said he expects one by the end of the month.
Keean East is the nine-year old autistic boy named in the suit to
represent the other claimants.
He was a happy, healthy two-year who "achieved every developmental
milestone expected of all normally developing children," says the
suit, which must first be accepted as a class action by the courts.
But the suit alleges that after receiving at least three shots of the
Diptheria Pertussis Tetanus vaccine, something went wrong.
"He stopped talking and only made sounds," the suit says.
"He became unresponsive and withdrawn and made no eye contact. He
started injuring himself by banging his head against objects and
biting his hands."
The suit, which claims $1 billion in compensation and a further $250
million in punitive damages, blames Thimerasol, an ethyl-mercury
derivative used to preserve the vaccines.
The suit says mercury is particularly toxic to infants and that
parents were never told it was used in the vaccines.
The suit also says Thimerosal "is not a necessary component of
vaccines to make them safe and effective."
It is no longer used in vaccines for infants in the United States and
Canada and the American Academy of Pediatrics has called for its
elimination from vaccines used on infants worldwide as soon as
possible, the suit says.
"The defendant knew or reasonably should have known of the neurotoxic
effects of the mercury contained in Thimerosal in the vaccines,"
alleges the court document.
"The defendant continued to sell the vaccines in Canada when it knew
or ought to have known that the Thimerosal in the vaccines is
hazardous to the health of infants."
Thimerasol was used until the mid- to late-1990s.
Klein said it will take up to 10 months before the courts are
expected to rule on whether to certify the suit as a class-action. If
the courts reject the class-action, Klein said he will represent
families in individual court actions against the company.
In a statement, Shirley Ernstberger, spokeswoman from Aventis
Pasteur, said her company rejects the allegations in Klein's statement
of claim and will "vigorously defend the action.
"All products produced by the company and marketed in Canada were
approved by Health Canada at all times.
"The company has a long and proud tradition in Canada of protecting
and safeguarding the health of children."
Each year, Aventis Pasteur makes one billion doses of vaccines for
distribution to 400 million patients worldwide.
During the 1990s, Aventis-Pasteur bought Ontario's Connaught
Laboratories, then maker of most Canadian vaccines.
Audra East, of Fort Fraser, Ont., is Keean's mother.
"No one at public health ever told us there might be brain damage
from a vaccination, or that they used Thimerasol in the vaccines," she
said in an interview.
When she saw a U.S. commercial advising parents about a class action
lawsuit on behalf of autistic children, she picked up the phone and
eventually contacted Klein.
Klein's clients suffer from a variety of neurological illnesses other
than autism, including attention deficit disorder, Aspergers's
syndrome, and seizure disorders.
Anna McCullough of Edmonton joined Klein's lawsuit on behalf of her
daughter Amanda.
At six months old, Amanda's parents took her to a public health
clinic for her third DPT shot.
Her mother said the happy, healthy baby was grey and lifeless within
the hour. She was rushed to hospital and resuscitated, but she began
having uncontrolled seizures.
"They gave her enough Valium to sedate a 200 lb. man," said Anna
McCullough in an interview.
Amanda recovered and left the hospital but within weeks she began
having seizures. She spent 50 per cent of her life in hospital during
the next two years.
By the time Amanda was seven, she was taking 18 pills a day and still
had seizures.
Anna founded a support group for parents with children who had
uncontrollable seizures.
"I had a steady stream of parents coming though my living room and
all of us had one thing in common: the immunizations," she said.
Klein said he got involved after American lawyers, swamped by
hundreds of calls from Canadian families, called him.
"I went to Health Canada's Web site and the B.C. Centre for Disease
Control and they said there was no Thimerasol in Canadian vaccines,"
said Klein.
But he said he looked in an old Canadian Pharmaceuticals and
Specialties book, a handbook outlining pharmaceutical information
provided by drug manufacturers, and found that while Thimerasol may
not be in use now, it was for years.
The United States enacted a national, no-fault vaccine-injury
compensation act in 1986, but currently 10 law firms in 25 states are
engaged in the Thimerasol national class action suit.
A 1999 report by the American Academy of Pediatrics to Clinicians
stated potential dangers of Thimerasol.
"As part of an ongoing review of biologic products, the FDA has
determined that infants who receive Thimerasol-containing vaccines at
several visits may be exposed to more mercury than recommended by
federal guidelines for total mercury exposure," the report states.
In 1994, the US Food and Drug Administration banned the use of
Thimerasol in contact lens solutions and other cosmetics.
In 1999, the American Academy of Pediatrics recommended that
pharmaceutical companies eliminate Thimerasol as a preservative in
vaccines.
In October of 2001, Health Canada's Division of Immunization, Centre
for Infectious Diseases issued a report recommending that "by 2005
every Canadian should have access to a vaccine injury compensation
program for long-term sequel caused by vaccines."
The report explored the social marketing of vaccination programs and
also emphasized that the immunization program has been effective and
must be perceived to be safe by the public.
Health Canada noted that the decision to compensate victims of
vaccine-injury would be a political one.

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