Little Benjamin's Story
November 2004 is forever etched in the memory of Ben Zeller, Sr. Ten days after his son received his measles, mumps, and rubella (MMR) and Chickenpox vaccines his father and mother noted changes in Lil Ben's behavior. His appetite was off, he was sleeping more, and he no longer played appropriately with his toys. On Nov. 27, 2004 while Father was changing his son's diaper, he noticed that the baby's eyes did not look right. Ben was lifeless when his father lifted him.
Zeller called Emergency Rescue and his neighbor, a registered nurse, who came to the Zeller's home and revived Lil Ben. An Emergency Medical Service (EMS) team arrived and took Ben to a nearby hospital. In these first frantic moments that foreshadowed Ben's painful future, Zeller had a realization: the MMR vaccine that Ben had received 10 days prior was the cause of his seizure.
The Zellers were sent home from the hospital on the night of Ben's first seizure with Motrin. They were told Ben's fever and seizures were adverse effects of his vaccination. But the trips to the emergency room continued throughout that week. Zeller brought his son to the hospital several times as a result of recurring 5-30 seizures per day.
In December, Ben was admitted to a hospital in Miami, where he would stay for 11 days. They did an MRI, says Zeller, and they found that his brain was degenerating. The seizures became worse. He would have 10, 20, and then 30 in one day, all within one month. The Zellers were told repeatedly that Ben was suffering from a genetic disorder, but all genetic testing came back with inconclusive results.
The Vaccine Court Case
Israeli Zeller Family decided to sue the United States Federal Government, United States Department of Justice and United States Human Health Services in Washington D.C. in Vaccine Court and U.S. Federal Claims Court ruled in favor of compensation for the Zeller family in July 2008. The Zeller family was one of the largest settlements in Vaccine court's history.
Ultimately the court highlighted the fact that Ben had been progressing and was neurologically stable until he received the MMR vaccine. (Judge) Special Master Richard Abell noted that if regression had been occurring prior to the vaccination, there would be mention of it in the thorough documentation that was presented to the court. The first note of regression noted in the medical records appears to be from December of 2004, read the entitlement ruling, following the vaccination, the initial seizure ten days subsequent, and the bout of successive seizures in early December. The medical progress notes from 17 December 2004 include a description of Benjamin's 'developmental regression and seizures.'The court also found that neurodegeneration was not taking place prior to the vaccination, as Wiznitzer postulated. . If not but for the administration of the vaccines, Ben would not have suffered brain damage and seizures
Vaccine Injury Table
The United States Government in 1988 with the United Stated Human Health Services and United States Justice Department enacted a law called Vaccine Injury Act. Ben Zeller Sr. advises everyone before receiving vaccines educate before you vaccinate to understand the true risk and benefits. Start by clicking on the vaccine injury table list and read definition of Encephalopathy in the Vaccine Injury Table List.
The Vaccine Injury Table (Table) makes it easier for some people to get compensation. The Table lists and explains injuries/conditions that are presumed to be caused by vaccines. It also lists time periods in which the first symptom of these injuries/conditions must occur after receiving the vaccine. If the first symptom of these injuries/conditions occurs within the listed time periods, it is presumed that the vaccine was the cause of the injury or condition unless another cause is found.
Vaccine Injury: Qualifications and Aids to Medical Interpretation
Leading cause of death in USA to healthy baby is Crib Death.
Is there a difference between Sudden Infant Death (Crib Death) and anaphylactic shock from vaccine reaction?
(1) Anaphylaxis and anaphylactic shock mean an acute, severe, and potentially lethal systemic allergic reaction. Most cases resolve without sequelae. Death, if it occurs, usually results from airway obstruction caused by laryngeal edema or bronchospasm and may be associated with cardiovascular collapse.1 in every 150 children in USA will suffer from Autism.
Is there a difference between Autism and Vaccine Injury called Encephalopathy?
(2) Encephalopathy. For purposes of the Vaccine Injury Table, a vaccine recipient shall be considered to have suffered an encephalopathy only if such recipient manifests, within the applicable period, an injury meeting the description below of an acute encephalopathy, and then a chronic encephalopathy persists in such person for more than 6 months beyond the date of vaccination.Is there a difference between ADD &ADHD and vaccine injury?
(i) An acute encephalopathy is one that is sufficiently severe so as to require hospitalization (whether or not hospitalization occurred).
(A) For children less than 18 months of age who present without an associated seizure event, an acute encephalopathy is indicated by a significantly decreased level of consciousness (see D below) lasting for at least 24 hours. Those children less than 18 months of age who present following a seizure shall be viewed as having an acute encephalopathy if their significantly decreased level of consciousness persists beyond 24 hours and cannot be attributed to a postictal state (seizure) or medication.
(B) For adults and children 18 months of age or older, an acute encephalopathy is one that persists for at least 24 hours and characterized by at least two of the following:
Is there a difference between EPILIPSEY (SEIZURES) and vaccine injury?(1) A significant change in mental status that is not medication related; specifically a confusional state, or a delirium, or a psychosis;
(2) A significantly decreased level of consciousness, which is independent of a seizure and cannot be attributed to the effects of medication; and
(3) A seizure associated with loss of consciousness.
(C) Increased intracranial pressure may be a clinical feature of acute encephalopathy in any age group.
(D) A "significantly decreased level of consciousness" is indicated by the presence of at least one of the following clinical signs for at least 24 hours or greater (see paragraphs (2)(I)(A) and (2)(I)(B) of this section for applicable timeframes):
(1) Decreased or absent response to environment (responds, if at all, only to loud voice or painful stimuli);
(2) Decreased or absent eye contact (does not fix gaze upon family members or other individuals); or
(3) Inconsistent or absent responses to external stimuli (does not recognize familiar people or things).
(E) The following clinical features alone, or in combination, do not demonstrate an acute encephalopathy or a significant change in either mental status or level of consciousness as described above: Sleepiness, irritability (fussiness), high-pitched and unusual screaming, persistent inconsolable crying, and bulging fontanelle. Seizures in themselves are not sufficient to constitute a diagnosis of encephalopathy. In the absence of other evidence of an acute encephalopathy, seizures shall not be viewed as the first symptom or manifestation of the onset of an acute encephalopathy.
(ii) Chronic encephalopathy occurs when a change in mental or neurologic status, first manifested during the applicable time period, persists for a period of at least 6 months from the date of vaccination. Any subsequent chronic encephalopathy shall not be presumed to be a sequela of the acute encephalopathy. If a preponderance of the evidence indicates that a child's chronic encephalopathy is secondary to genetic, prenatal or perinatal factors, that chronic encephalopathy shall not be considered to be a condition set forth in the Table.
(iii) An encephalopathy shall not be considered to be a condition set forth in the Table if in a proceeding on a petition, it is shown by a preponderance of the evidence that the encephalopathy was caused by an infection, a toxin, a metabolic disturbance, a structural lesion, a genetic disorder or trauma (without regard to whether the cause of the infection, toxin, trauma, metabolic disturbance, structural lesion or genetic disorder is known). If at the time a decision is made on a petition filed under section 2111(b) of the Act for a vaccine-related injury or death, it is not possible to determine the cause by a preponderance of the evidence of an encephalopathy, the encephalopathy shall be considered to be a condition set forth in the Table.
(iv) In determining whether or not an encephalopathy is a condition set forth in the Table, the Court shall consider the entire medical record.
(3) Seizure and convulsion. For purposes of paragraphs (b)(2) of this section, the terms, "seizure" and "convulsion" include myoclonic, generalized tonic-clonic (grand mal), and simple and complex partial seizures. Absence (petit mal) seizures shall not be considered to be a condition set forth in the Table. Jerking movements or staring episodes alone are not necessarily an indication of seizure activity.
Omnibus Autism Proceeding & Vaccine Injury
Beginning in 2001, parents began filing petitions for compensation with the Secretary of Health and Human Services (HHS) under the Vaccine Injury Compensation Program (VICP), alleging that certain childhood vaccinations might be causing or contributing to a neurodevelopmental disorder known as autism spectrum disorder (ASD) or autism for short. Specifically, it has been alleged that cases of autism or neurodevelopmental disorders similar to autism, may be caused by the measles-mumps-rubella (MMR) vaccine or thimerosal-containing vaccines, or from both.
Don't say or think autism and or some other unknown neurological disease is not related to vaccine injury until you read Encephalopathy definition. Although Ben never received an autism diagnosis, his father says vaccines can cause brain damage which can be the same symptoms as autism. It's clear autism and vaccine injury is related because the United States Federal Government, United States Department of Justice and United States Human Health Services created Omnibus Autism Proceeding in Washington D.C. to compensate families with loved ones who suffer from autism caused by vaccines reaction.
Measure Silent Brain Damage by Taking Pictures
Father, Ben Zeller Sr. says to all doctors and parents take many pictures before and after vaccines. Look for any changes in behavior and or in the face, eyes movement (lazy eye), smile cemetery, (smile dropping like stroke) and changes in dimples on the face can mean early signs of brain damage. You will see the brain damage happen in front of your eyes simply by reviewing pictures of your face before vaccine and after vaccines. Check your own vaccine schedule list history and see if the timeline of your symptoms meet The Vaccine Injury Table and if injury started after vaccine injection then you will put the puzzle together and will seek Justice for your loved one like I did.
Symmetry is an important aspect of neurology, because the brain is divided into two halves. Each controls a side of the body. Where asymmetry exists, there is damage. Facial measurements that can quantify vaccine brain damage in an individual. Facial measurements can pinpoint where the brain damage has occurred based on 12 cranial nerves which control facial features and breathing.
Ben was never officially diagnosed with autism, but Zeller says he actually suffers from an extreme version of what causes autism. Measurements taken of Ben show the same results as Michelle Cedillo, one of the Omnibus Autism test cases, and Evan McCarthy, son of Jenny McCarthy. Both Cedillo and McCarthy were diagnosed with autism. All autism is a collection of symptoms, says Zeller. It doesn't matter what the label is that is placed on the problem, it is the same effect: damage to the brain.
It's a fact; vaccines injury can happen. Zellers Sr. says, his main concern is a major underlying cause of the rapid increase of neurological problems in children and adults. Zeller, says the United States Vaccine Injury List makes him believe ALL vaccines can cause unknown brain injuries. Look at all vaccines and see which one of the vaccines is the vaccine which is the straw that broke the camel's back.
The Search for Answers
A few years after Ben's initial injury, Zeller asked his son's doctors for a definitive diagnosis for insurance purposes. Zeller says that one of his son's neurologists said Ben suffered from some symptoms of Epilepsy (|Seizures), cerebral palsy (CP), some symptoms of autism, such as speech delay and developmental disabilities, but as far as a definitive diagnosis, Zeller was told his son had an unknown neurological condition. What is Autism and Epilepsy? says Zeller. It is an unknown neurological condition. Are the vaccines the cause? It all depends on how you see it.
Special Master Abell decided Zeller's case four years after he became a petitioner in vaccine court. Although he was relieved by his victory in court, Zeller could not help but wonder what was causing the myriad of neurological problems suffered by children across the country. We have CP, ADD (Attention Deficit Disorder), ADHD (Attention-deficit hyperactivity disorder), autism. I believe that doctors do not know what is going on, and as far as I'm concerned, we are all part of the spectrum.
Symmetry is an important aspect of neurology, because the brain is divided into two halves. Each controls a side of the body. Where asymmetry exists, there is damage. Facial measurements that can quantify vaccine brain damage in an individual. Facial measurements can pinpoint where the brain damage has occurred based on 12 cranial nerves which control facial features and breathing. Ben was never officially diagnosed with autism, but Zeller says he actually suffers from an extreme version of what causes autism. Measurements taken of Ben show the same results as Michelle Cedillo, one of the Omnibus Autism test cases, and Evan McCarthy, son of Jenny McCarthy. Both Cedillo and McCarthy were diagnosed with autism. All autism is a collection of symptoms, says Benjamin. It doesn't matter what the label is that is placed on the problem, it is the same effect: damage to the brain.
The Future of Vaccine Court Cases
The standard of proof in a vaccine court case is based on the Althen vs. Secretary of Health and Human Services (HHS) case, a decision made by the federal circuit. The standard is three-fold: petitioners must present a medical theory showing that a vaccine caused injury, a logical sequence of cause and effect must be illustrated, and there must be an appropriate temporal relationship between the vaccine and the injury. The Vaccine Injury Table lists the injuries that could potentially be caused by vaccines and the time interval during which the injury must occur to be considered a Table injury. Petitioners are also permitted to pursue off-Table injuries.
Conway, Homer & Chin-Caplan represented Zeller in vaccine court. Attorney Kevin Conway says, Zeller met all three, so the burden was passed to the government. The government could not prove anything contrary to our argument. Conway has represented many vaccine injury cases, and he says that not only are symptoms often similar from case to case, but the symptoms often look like autism. They stop walking, talking, it looks like they could have it. Conway's firm is also handling Cedillo's case, which is currently under appeal. Cedillo is one of the first three test cases in the Omnibus Autism Proceeding.
In July of 2009, Conway went before the court of appeals with the Cedillo case. He argued that many cases in which children have the same symptoms as Cedillo have been compensated. These symptoms include brain damage and encephalopathy. There are lots of cases that look like autism that have been compensated, explains Conway, but they do not say it's autism. Autism has received so much publicity – there is a fear on the part of the government and the HHS that if vaccines contribute to autism, parents will not get their children vaccinated. The vaccine-autism debate has caused outrage, and the real fear is that parents do not trust the government. Conway says that the government's violent defense of the vaccine program has caused this distrust.
Attorney Mark Krueger, who represents a small number of vaccine injury cases in comparison with Conway's firm, has also seen these similarities in symptoms. Krueger's client Max Ridgway will receive compensation from the government for his vaccine-induced encephalopathy. Ridgway has not received an autism diagnosis, but Krueger is currently handling several cases where the children have been diagnosed as autistic. He believes that as he and his colleagues argue these cases, it will be necessary to re-consider their strategy. We have to come up with different ways to approach these cases. The government is skeptical and not willing to accept these arguments. Krueger notes that the Poling case was approached in a way that did not emphasize her autism diagnosis. We know that vaccines can cause brain damage. Some children have brain injury and they also happen to have autism. We just have to adapt a little better.
Kinsbourne agrees that it is preferable to present a case that does not mention autism. Hannah Poling was compensated for effects of vaccines on her mitochondrial dysfunction. What made her autistic was not highlighted in the case. And the court has found against autism claims. I'm not saying whether they should have or shouldn't have, but many families are going to court with a diagnosis that has already been turned down. He adds that vaccine injury claims are often compensated for conditions that are very rare, but autism is common. It's more of an administrative issue if they have to compensate all of those families.
With respect to the kinds of symptoms that are compensated in vaccine court, the HHS has stated that although it has compensated children with encephalopathy and brain disease who also happen to have symptoms of autism, the agency does not track cases based on these symptoms. The HHS also notes that it has never compensated a case that claimed autism was caused by vaccines.
Ben's injury was the impetuous for Zeller to search for alternatives. He knows that there is a better way than to continue harming children with vaccines. Currently, he is working with a family member who is a scientist. Together, they are learning about a protein that is present in the Australian crocodile and great white shark. The protein is capable of killing viruses and germs causing diseases. These are the kinds of alternatives I'm looking for, says Zeller. So many children are sick and we need to find the problem. CAT scans and MRIs cannot see it. And I want people to challenge us, because that will push us to do more and find answers. It's a matter of life and death for our children.
To learn more about this protien and the project to bring its benefits to everyone, visit AgeDriveUS. Zeller has also begun helping other families through the ordeal of presenting a case in vaccine court and has set up a non-profit organization, LittleBenTrust.com, to help get his son's story and information about vaccines out the public. I want to be a gateway to help families. I want people to know about vaccine court, to know that they only have three years to go to court because of a statute of limitations. If doctors do not know what is going on, families can lose out. I will give families the truth. I will tell them what is really going on.
Over the past 15 years, several off-Table injuries have been compensated by the Department of Health and Human Services (HHS). The measles, mumps, and rubella (MMR) vaccine has been found to be the cause of the following:
Transverse myelitis with resulting paraplegia — Lodge v. Sec'y of HHS, 1994
Attention deficit disorder, encephalopathy, learning disabilities, and behavioral problems — Blanks v. Sec'y of HHS, 1997
Significant aggravation of an underlying, perhaps genetic, encephalopathy — Wilkerson v. Sec'y of HHS, 1998
Acute disseminating encephalomyelitis (ADEM) — Tufo v. Sec'y of HHS, 2001
Guillain-Barre Syndrome — Tufo v. Sec'y of HHS, 2001
Mental retardation in a child who became autistic — Freeman v. Sec'y of HHS, 2003
Seizure disorder — Freeman v. Sec'y of HHS, 2003
Transverse myelitis — Rodriguez v. Sec'y of HHS, 2005
ADEM and resulting Pervasive Developmental Delay/Not Otherwise Specified (PDD/NOS) — Banks v. Sec'y of HHS, 2007
Autistic-like symptoms in a child with an underlying mitochondrial disorder — Poling v. Sec'y of HHS, 2008