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x Law: No legal aid available for MMR parents x
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Law Posted by sylvia on Wednesday, October 20, 2004 (23:48:53)

Leeds Today 18/10/2004

By Katie Baldwin

Parents fighting drug companies over claims their children's autism is related to the MMR vaccine have been told they won't get legal aid. The announcement, by the Legal Services Commission (LSC), affects 26 families hoping to take their cases to the High Court.

But 11 cases where parents felt their child had suffered other illnesses as a result of the vaccine were reinstated with financial support. These include cases where the child has suffered conditions such as encephalitis, epilepsy and deafness after being vaccinated.

They will be funded by the commission to see if compensation can be claimed from the companies producing the drugs.

Clare Dodgson,the commission's chief executive, said: "I have every sympathy for the parents and their children. "These children are clearly ill and their parents genuinely believe the MMR vaccine caused their illnesses. "However, we have an obligation to only fund cases which have reasonable prospects of success and where the cost of the action is reasonable when compared with the potential damages."

The reinstatement of the 11 cases was welcomed by the pressure group JABS. Jackie Fletcher, national co-ordinator, said: "We are pleased because there is very much a case to be answered in the MMR situation. Endorsement "This is an endorsement by the commission that there is a case."

She said the families would now be contacting their solicitors to take their cases forward. But Ms Fletcher, whose 11-year-old son developed epilepsy and other problems after having the jab, said there was bitterness that funding for the 26 other cases had been denied.

"We are very disappointed that it has been restricted in the way that it has. It should be opened up to more families."

In September last year, legal aid was withdrawn from the cases of more than 1,000 children – many from Yorkshire – who developed medical problems after receiving the jab.

The commission said medical research had not provided a conclusive link between the MMR vaccine and autism and there was no acceptance among worldwide medical authorities that the jab caused the symptoms experienced by children. This meant the litigation was likely to fail and it would be wrong to spend a further £10 million of public money funding a trial on top of the £15 million already invested.

The decision was upheld by a Funding Review Committee and again by a judicial review in February this year. From there, the families of 37 children appealed the decision, arguing that their cases were particularly strong. Of those, 11 were deemed to be suitable.

A spokesman from the commission stressed any family was free to take their case forward privately if they chose to fund it themselves.

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x x Posted by sylvia on Wednesday, October 20, 2004 (23:48:53) (2199 reads) x x

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