TortsProf Blog

Editor: Christopher J. Robinette
Southwestern Law School

Monday, May 12, 2008

Autism/Thimerosol Trial Begins

Pharmalot has the details of the test case focusing on whether the mercury-based preservative in vaccines can by itself cause autism. 

In related news (though not part of the same case), if I haven't already pointed you to Eric Turkewitz's ongoing posts (and links to other posts) about the subpoena served on autism blogger Kathleen Seidel, well, head on over there now.


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"The lawyers will present three theories..."

How is the court competent to test scientific theories?

There is no evidence linking the vaccine to autism. There is evidence linking the diseases they prevent to brain damage, mental retardation and autism. So deter the use of the vaccines, and autism will increase.

Assuming autism exists at all as a discrete condition, it runs in families, at varying severity levels. The parents do not want to face this fact, and scapegoat the vaccine. Or, the parents may have a touch of it, and the court is going along with bizarre claims by mentally impaired people.

The Rent Seeking Theory is the best explanation for the conduct of the court. That is the single theory for the court's bizarre decision to proceed. This established economic theory explains all anomalous appellate and lawyer decisions. The public may test it by taking the claims a series of cases. Ask which outcome will increase present and future lawyer employment, including remands. See how often the court agrees. Juries do not operate under that theory, when allowed by the judge to use their good judgment.

Posted by: Supremacy Claus | May 13, 2008 4:37:31 AM

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