Health
‘Shocking cover-up’: DOJ lawyers committed fraud in vaccine injury case, CHD attorney alleges in motion
From LifeSiteNews
By Brenda Baletti, Ph.D., The Defender
“The evidence submitted in support of the motion clearly shows that attorneys from the Department of Justice concealed and misrepresented highly relevant information from the special masters in the Vaccine Injury Compensation Program and the judges in the courts”
Rolf Hazlehurst, a Children’s Health Defense (CHD) staff attorney and father of a son with autism, filed a motion in federal court on April 2 alleging lawyers representing the U.S. Department of Health and Human Services (HHS) fraudulently concealed evidence that vaccines can cause autism.
In a motion filed in the U.S. Court of Federal Claims, Hazlehurst alleged that U.S. Department of Justice (DOJ) lawyers who represented HHS in vaccine injury cases repeatedly defrauded the judicial system – from the National Vaccine Injury Compensation Program (NVICP) to the U.S. Supreme Court.
That fraud led to thousands of families of vaccine-injured children being denied the right to compensation and the right to have their cases heard, according to the motion.
“This motion makes very serious and well-substantiated allegations of a massive scheme of fraud on the courts,” said Kim Mack Rosenberg, CHD general counsel who also is of counsel to Hazlehurst in the federal case.
“The evidence submitted in support of the motion clearly shows that attorneys from the Department of Justice concealed and misrepresented highly relevant information from the special masters in the Vaccine Injury Compensation Program and the judges in the courts,” Mack Rosenberg told The Defender.
Hazlehurst’s son Yates regressed into autism after being vaccinated as an infant. In the early 2000s, his family and thousands of others filed cases seeking compensation for vaccine-induced autism through the NVICP.
The program consolidated all of the petitions into the Omnibus Autism Proceeding (OAP) and selected six representative “test cases” – of which Yates’ was the second – as the basis for determining the outcome of the remaining 5,400 cases.
Unbeknownst at the time to the petitioners and the NVICP special masters, the DOJ’s star expert medical witness, Dr. Andrew Zimmerman informed DOJ attorneys during the ongoing omnibus proceedings that he had reversed his original opinion and determined that vaccines can and do cause autism in some cases.
In what Hazlehurst alleges was “a shocking cover-up,” instead of allowing Zimmerman to share his revised opinion, the DOJ attorneys relieved Zimmerman of his duties as a witness.
However, they continued to use excerpts from his unamended written opinion to make their case that vaccines did not cause autism – misrepresenting his position and committing “fraud on the court.”
According to the motion, the DOJ’s first act of fraud snowballed into a scheme of deception with far-reaching implications in which DOJ attorneys repeatedly misrepresented Zimmerman’s opinion and concealed other evidence that emerged during the test case hearings in the OAP in subsequent cases before multiple courts.
“As a result, thousands of cases in the Omnibus Autism Proceeding were denied compensation and the impact beyond the OAP is enormous,” Mack Rosenberg said. “This fraud affected the Vaccine Injury Compensation Program – especially the Omnibus Autism Proceeding – the Court of Federal Claims, the Court of Appeals for the Federal Circuit and even the U.S. Supreme Court.”
Hazlehurst said he is “asking the court to give this motion the serious attention it deserves.” He added, “At a minimum, the court should allow discovery and hold a hearing on this motion.”
Overturning a ruling due to fraud on the court is an extraordinary remedy reserved for extraordinary cases but according to Hazlehurst, “This motion we filed shows that this indeed is an extraordinary case.”
The DOJ has until April 30 to respond to the motion.
CHD CEO Mary Holland told The Defender, “Vaccines most definitely do cause autism, and the government has been lying about this reality for decades.”
Holland added:
With others, I published a law review article in 2011 showing that the government absolutely knew that vaccines cause autism – and yet they have covered it up and lied about it since the inception of the Vaccine Injury Compensation Program.
How many hundreds of thousands of children and families would have been spared the heartaches and crushing financial burdens of autism had the government come clean?
‘Exceptionally difficult’ to obtain compensation through NVICP
In the late 1980s, a substantial number of lawsuits for vaccine injuries related to Wyeth’s (now Pfizer) DPT vaccine, combined with “grossly insufficient compensation” for victims of vaccine injury, threatened the vaccine program’s viability.
In response, Congress passed the National Childhood Vaccine Injury Act of 1986, which established the “vaccine court.” The law gave the pharmaceutical industry broad protection from liability and proposed to compensate vaccine-injured children through the new NVICP.
The NVICP originally was designed to be a “swift, flexible, and less adversarial alternative to the often costly and lengthy civil arena of traditional tort litigation.”
To receive compensation, parents file a claim with the program.
The Court of Federal Claims (which oversees the program) appoints “special masters” – typically lawyers who previously represented the U.S. government – to manage and decide the individual claims. Attorneys may represent the petitioners, and the DOJ represents HHS.
NVICP proceedings are more informal than a typical courtroom. Unlike regular court proceedings, petitioners in the “vaccine court” have no right to discovery.
If a petitioner files a claim for a vaccine covered under the program and listed on the Vaccine Injury Table – the list of known vaccine side effects associated with certain vaccines within set time frames – it is presumed that a vaccine caused the petitioner’s injury and the petitioner is eligible for compensation without proof of causation.
However, if a petitioner experiences an “off-table injury” – an injury not listed on the table or that didn’t happen in the recognized injury time frame – the petitioner must prove by “a preponderance of evidence” that the vaccine caused the injury. Evidence includes medical records and expert witness testimony.
Claims must be filed within three years of the first symptom or two years of death.
Petitioners must provide a medical theory of the cause, a sequence of cause and effect, and show a temporal relationship between vaccine and injury.
However, the NVICP does not specify the required volume and type of evidence, so meeting the “preponderance of evidence” standard is largely at the discretion of the special master.
Petitioners can appeal NVICP cases to the Court of Federal Claims, the Court of Appeals for the Federal Circuit and ultimately to the U.S. Supreme Court.
It is “exceptionally difficult” to obtain compensation within the NVICP, Hazlehurst told The Defender. The proceedings are often turned into drawn-out, contentious expert battles and the backlog of cases is substantial.
The Vaccine Act of 1986 is unjust for petitioners, Hazlehurst alleges. And that injustice reached its zenith with the OAP, when the DOJ perpetrated fraud right under the noses of the special masters, signaling the beginning of the fraud on the courts that continues to this day.
Hazlehurst told The Defender he hopes his motion will shed light on the damage inflicted by this law and that it will ultimately help end the autism epidemic.
“The Vaccine Act of 1986 is one of the fundamental causes of the autism epidemic,” Hazlehurst said. “Understanding why this is true, and how the United States Department of Justice perpetrated fraud upon the courts, including the Supreme Court of the United States, is the key to ending the autism epidemic.”
A short history of the autism omnibus proceedings
By 2002, to address a “massive influx” of petitions alleging vaccine-induced autism, the Office of Special Masters combined over 5,000 claims into the OAP to determine whether vaccines cause autism and if so, under what conditions.
Initially, the NVICP planned to investigate causation issues and apply those general findings to individual cases. However, the program changed its strategy and instead selected six “test cases” by which it would examine the evidence for injuries caused by the measles mumps rubella (MMR) vaccine, thimerosal-containing vaccines (TCV), or a combination of both.
Then it would apply the findings of the test cases to other similar cases.
In doing so, Hazlehurst alleges, the court conflated general causation evidence with specific causation evidence from a few cases, without allowing for rules of discovery or evidence that would apply in an actual court.
This, Hazlehurst said, “was a recipe for disaster” as each test case was then used to determine the outcome for the remaining 5,000 cases.
Three cases – Cedillo v. HHS, Hazlehurst v. HHS, and Poling v. HHS – are at the center of the alleged fraud by the DOJ.
Fraud #1: the Zimmerman testimony
Hearings for the first OAP test case, Cedillo v. HHS, began in 2007. Zimmerman had worked with the DOJ to prepare an expert report on behalf of HHS finding that Michelle Cedillo’s autism had likely not been caused by the MMR vaccine.
Zimmerman later wrote in a 2018 affidavit that he attended the Cedillo hearing and listened to the testimony of Dr. Marcel Kinsbourne, another world-renowned expert in pediatric neurology.
On that basis, Zimmerman stated, he decided to clarify his written expert opinion about Michelle Cedillo, concerned it would be taken out of context.
Zimmerman spoke with DOJ attorneys to clarify that his expert opinion in the Cedillo case “was not intended to be a blanket statement as to all children and all medical science,” according to the 2018 affidavit.
He specified that advances in science, medicine and his own clinical research had led him to believe there were exceptions in which vaccinations could cause autism.
He also referred the attorneys to a paper he published with colleagues in 2006, the Poling paper, describing the case of an unidentified child who suffered regressive autism following vaccine adverse reactions. The paper suggested a possible association between mitochondrial dysfunction, vaccinations and regressive autism.
After communicating this evidence to DOJ attorneys, the DOJ dismissed Zimmerman as a witness but continued to use his written opinion as general causation evidence.
The DOJ was also allowed to use that report, submitted in one test case, as general causation evidence in other test cases.
None of the petitioners in the test cases could cross-examine Zimmerman, because he was no longer a witness. This was only possible because the federal rules of evidence do not apply in NVICP proceedings.
Yates’ case, Hazlehurst v. HHS, was the second test case in the OAP. His treating neurologist, Dr. Jean-Ronel Corbier testified Yates’ autism was likely caused by a genetic predisposition combined with an environmental insult in the form of vaccinations administered when Yates was ill. (Yates was a patient of Zimmerman in 2002.)
Corbier’s theory of causation in Yates was similar to the theory developed by Zimmerman in the Poling paper and shared with DOJ attorneys.
Yet, despite knowing Zimmerman had concluded that in a subset of children like Yates, vaccines can cause autism, the DOJ “intentionally and fraudulently” misrepresented Zimmerman’s expert testimony in its closing statements in Yates’ case, Hazlehurst alleges.
DOJ attorneys selectively quoted Zimmerman’s expert report from the Cedillo case, telling the court that Zimmerman found there was “no sound evidence to support a causative relationship with exposure to both or either MMR and/or mercury,” when Zimmerman had explicitly told the DOJ that his opinion was the opposite, according to the affidavit.
Fraud #2: the Hannah Poling case
Three weeks after closing arguments in Yates’ case, the DOJ quietly conceded Hannah Poling’s case, which was on the verge of becoming the fourth test case.
Hannah regressed into autism over several months after being vaccinated against nine diseases at one doctor’s visit.
In 2003, Poling’s father, Jon, a physician and trained neurologist, and mother, Terry, an attorney and nurse, filed an autism petition against HHS under the NVICP for their daughter’s injuries.
Jon Poling was a co-author of the 2006 paper with Zimmerman that analyzed an unnamed child, later revealed as Hannah Poling, who had a mitochondrial disorder – a condition with which Yates was later diagnosed.
In 2007, just three weeks after the lead DOJ attorney misrepresented Zimmerman’s opinion during the hearing in Hazlehurst, the same DOJ attorney submitted a report to the special masters conceding that in the case of Poling v. HHS, Hannah’s “regressive encephalopathy with features of autism spectrum disorder” (i.e., regressive autism) was caused by a vaccine injury, based upon a preponderance of the evidence standard.
This was the same neurological diagnosis Zimmerman had made for Yates in 2002.
According to court documents, if HHS had not conceded Poling, Poling v. HHS would have been designated as a test case. However, because the DOJ conceded the case, it was taken out of the omnibus and the DOJ had the case records sealed – although they were later leaked to the press and published in the Huffington Post in 2008.
In March 2008, Hannah’s parents moved to make the proceedings transparent and available to the public, but the DOJ opposed the motion and the NVICP deferred a ruling on the motion for 60 days.
During those 60 days, the DOJ filed amendments to its report conceding the Poling case. It retroactively changed the basis for compensation to say that Hannah had a “table injury.”
This meant that instead of conceding that the petitioners had proven with a preponderance of evidence that the vaccines caused her autism, they said she had a presumptive injury on the vaccine table, in which causation is presumed.
By conceding the Poling case, opposing the parents’ motion for complete transparency and changing the basis for compensation, the DOJ was able to conceal fraud and critical material evidence of how vaccines cause autism, according to Hazlehurst.
Fraud #3: appellate courts and the U.S. Supreme Court
On Feb. 12, 2009, the special masters denied compensation in the first three cases. They found the petitioners failed to establish causation between MMR or TCV vaccines and autism.
In Hazlehurst’s case, the NVICP explicitly relied on the portion of Zimmerman’s expert report that DOJ attorneys misrepresented.
The Hazlehursts appealed to the Court of Federal Claims and the Court of Appeals for the Federal Circuit, both of which upheld the special master’s decision – by relying on Zimmerman’s misrepresented opinion and knowingly fraudulent statements made by a DOJ attorney, according to Hazlehurst.
Those prior decisions directly influenced the U.S. Supreme Court’s decision in the Bruesewitz v. Wyeth.
In that case, Wyeth, now Pfizer, argued that a decision favoring the Bruesewitz family – who was attempting to sue the company for their daughter’s vaccine injury – would lead to a “flood of frivolous lawsuits,” including by the families from the omnibus.
Amicus briefs from the American Academy of Pediatrics, GlaxoSmithKline, Merck and Sanofi Pasteur on behalf of Wyeth relied on Hazlehurst v. HHS and other OAP decisions that were based on the misrepresentation of Zimmerman’s testimony that there was “no scientific basis” that vaccines cause autism.
The Supreme Court ruled that the National Childhood Vaccine Injury Act, and the NVICP it created, preempt all design-defect claims against vaccine manufacturers by individuals seeking compensation for injury or death.
In oral arguments and in their written opinions, the justices explicitly cited the portions of the amicus briefs citing Hazlehurst v. HHS and other OAP rulings that relied on the DOJ misrepresentations in their rulings.
Since that ruling, the special masters have continued to rely on the DOJ’s fraudulent claims to deny compensation to families filing complaints in the NVICP.
Robert F. Kennedy Jr., CHD chairman on leave, and Hazlehurst in September 2018 filed a complaint with the DOJ Office of Inspector General outlining what they then knew about the DOJ’s fraud during the OAP.
The DOJ Office of Professional Misconduct investigated and responded in a June 2019 letter that it found no wrongdoing.
In that letter, however, the Office of Professional Responsibility conceded the DOJ had in fact kept Zimmerman’s testimony while dismissing him as a witness in order to avoid creating the appearance that he had changed his opinion and to prevent the petitioners from cross-examining him, according to Hazlehurst.
The ‘fraud on the court’ doctrine
It has taken 17 years, Hazlehurst said, since the DOJ’s first alleged act of fraud upon the court, for him to gather all of the admissible evidence necessary to “connect the dots and reveal the DOJ’s web of deceit” to make this claim under the “fraud on the court” doctrine.
Under this doctrine, codified as Rule 60(d)(3) in the rules of the Court of Federal Claims, there is no time limit for the court to overturn a judgment made on the basis of fraud on the court.
The petitioner must demonstrate that there was fraud, intent to defraud and that the fraud affected more than one instance of litigation – putting the integrity of the judicial process at stake.
Hazlehurst alleges DOJ attorneys committed fraud by knowingly making false statements and offering evidence they knew to be false and that they did not take remedial action to disclose information they knew to be false and misleading to the court.
The special masters themselves have an obligation to consider all relevant evidence, but didn’t, in this case, Hazlehurst said. Instead, they ignored the contradictions in Zimmerman’s opinions and ignored the Poling evidence.
This is particularly problematic for NVICP cases, where petitioners can’t conduct meaningful discovery or cross-examination and the special masters’ oversight is the only meaningful safeguard to prevent the DOJ’s abuse of power, according to Hazlehurst.
“There is nothing fair about a government proceeding where the government controls the admissibility of evidence,” he said.
Hazlehurst said that by forcing people injured by vaccines into an administrative program, petitioners are deprived of the basic constitutional rights to due process and equal protection under the law. “It should be declared unconstitutional,” he said.
This article was originally published by The Defender — Children’s Health Defense’s News & Views Website under Creative Commons license CC BY-NC-ND 4.0. Please consider subscribing to The Defender or donating to Children’s Health Defense.
Health
The Data That Doesn’t Exist
ACIP voted to un-recommend the Hep B birth dose, but here’s the problem: they still can’t weigh the other side of the ledger
Sunday, something happened that has never happened in the history of American public health: ACIP voted 8-3 to un-recommend the universal birth dose of hepatitis B for babies born to mothers who test negative for the virus. After 34 years of jabbing every American newborn within hours of taking their first breath—regardless of whether their mother had hepatitis B—the committee finally acknowledged what 25 European countries figured out decades ago: it doesn’t make sense.
But watching this vote unfold, I couldn’t help but notice the absurdity of the debate itself. Committee members who opposed the change kept saying variations of the same thing: “We’ve heard ‘do no harm’ as a moral imperative. We are doing harm by changing this wording.” Another said “no rational science has been presented” to support the change.
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And therein lies the fundamental problem with ACIP—and with the entire vaccine regulatory apparatus in America. They literally cannot weigh risk versus benefit because they only have data on one side of the scale.
The Missing Side of the Ledger
When ACIP debates adding or removing a vaccine from the schedule, they can produce endless data on disease incidence. They can show you charts demonstrating how hepatitis B cases in infants dropped from thousands to single digits after 1991. They can model projected infections if vaccination rates decline. They have this data at their fingertips because tracking infectious disease is something our public health apparatus actually does.
But ask them to produce equivalent data on vaccine injury, and you’ll get silence. Not “the data shows injuries are rare.” Not “here’s our comprehensive tracking of adverse events.” Just… nothing. A void where information should be.
This is not an accident. This is by design.
The safety trials for Engerix-B and Recombivax HB—the two hepatitis B vaccines given to American newborns—monitored adverse events for four to five days after injection. That’s it. If your baby developed seizures on day six, or regressed into autism over the following months, or developed autoimmune disease in the following year—none of that would appear in the pre-licensure safety data.
And the post-market surveillance? VAERS is a voluntary reporting system that the CDC itself acknowledges captures only a tiny fraction of adverse events. A Harvard-funded study found it captures perhaps 1% of actual vaccine injuries. Vaccine court has paid out over $5 billion in claims while simultaneously being structured to make filing nearly impossible for average families.
So when Dr. Cody Meissner voted against removing the Hep B birth dose and said he saw “clear evidence of the benefits” but “not the harms,” he was accidentally revealing the entire rotten structure. Of course he doesn’t see the harms. Nobody is systematically looking for them.
The Invisibility of Vaccine Injury
Here’s what most people don’t understand about vaccine injury: it’s nothing like a gunshot wound.
If you shoot someone, the cause is obvious. There’s a bullet, a wound, blood, a clear mechanism of action visible to any observer. Even a medical examiner who’s never seen the victim before can determine cause of death.
Vaccine injury doesn’t work that way. When aluminum nanoparticles from a vaccine cross the blood-brain barrier via macrophages, when they lodge in brain tissue and trigger chronic neuroinflammation, when a child slowly regresses over weeks or months—there’s no bullet. There’s no smoking gun. There’s just a before and an after, and a desperate parent trying to explain to doctors that something changed.
This invisibility is the vaccine program’s greatest protection. Because the injury mechanism is complex and delayed, because it doesn’t leave an obvious wound, because it requires actually looking to find—and because no one in authority is looking—the injuries simply don’t exist in the official record.
I watched my own son Jamie regress after his vaccines. A healthy, developing toddler who lost his words, stopped making eye contact, and retreated into a world we couldn’t reach. My wife and I know what happened. Thousands of other parents know the same thing happened to their children. But because this type of injury doesn’t show up on a simple blood test, because there’s no autopsy finding that says “vaccine-induced encephalopathy,” ACIP members can sit in a room and say with straight faces that they don’t see evidence of harm.
They’re not lying. They literally can’t see it. Because no one is measuring it.
The Chicken Pox Conundrum
Here’s an example that illustrates the insanity of our current approach.
The varicella (chicken pox) vaccine was added to the schedule in 1995. It definitely reduces chicken pox cases. The data is clear on that front. Mission accomplished, right?
But what about the other side of the ledger?
Emerging research suggests that wild chicken pox infection provides some protective effect against brain cancers—particularly glioma, the most common type of primary brain tumor. Multiple studies have found that people who had chicken pox as children have significantly lower rates of brain cancer later in life. The hypothesis is that the immune response to wild varicella provides lasting immunological benefits that extend far beyond preventing itchy spots.
Meanwhile, the vaccine itself has been associated with increased rates of autoimmune conditions. Studies have linked varicella vaccination to higher rates of herpes zoster (shingles) outbreaks in younger age groups, to autoimmune disorders, to various adverse events that weren’t captured in the original short-term safety trials.
So what’s the true risk-benefit of the chicken pox vaccine? Does preventing a week of itchy discomfort in childhood justify potentially increased rates of brain cancer and autoimmune disease later in life?
ACIP can’t answer this question. They literally don’t have the data. They can show you chicken pox cases going down. They cannot show you a comprehensive analysis of long-term neurological and immunological outcomes in vaccinated versus unvaccinated populations, because that study has never been done.
And so they keep recommending the vaccine based on the only data they have—the disease prevention data—while remaining willfully blind to consequences they’ve never bothered to measure.
The ACIP Paradox
Sunday’s vote was historic, but it also revealed the fundamental paradox of vaccine regulation in America.
The committee members who voted to remove the universal Hep B birth dose recommendation did so largely based on comparative evidence from Europe, parental concerns, and the basic logic that vaccinating a 12-hour-old baby for a sexually transmitted disease their mother doesn’t have makes no medical sense. They were right to do so.
But the committee members who voted against the change weren’t wrong either, from their perspective. They looked at the only data they have—disease prevention data—and concluded that removing the recommendation could lead to more hepatitis B cases. And within their limited framework, they’re correct.
The problem is the framework itself.
True risk-benefit analysis requires data on both risks AND benefits. ACIP has comprehensive data on benefits (disease prevention) and virtually no data on risks (vaccine injury). So every decision they make is fundamentally flawed from the start.
When Dr. Joseph Hibbeln complained that “no rational science has been presented” to support changing the recommendations, he was inadvertently indicting the entire system. Of course no comprehensive vaccine injury data was presented—such data doesn’t exist because no one has been willing to collect it.
This is like asking someone to make an informed financial decision while only showing them potential profits and hiding all possible losses. Of course the decision will be skewed. Of course you’ll end up with a bloated portfolio of high-risk investments that look great on paper.
The Real Reform
If RFK Jr. and the new HHS leadership want to actually fix the vaccine program, they need to understand that removing individual vaccines or making them “optional” is just rearranging deck chairs on the Titanic.
The real reform is creating the data infrastructure that should have existed from the beginning.
We need a comprehensive, long-term, vaccinated-versus-unvaccinated health outcomes study. Not a five-day safety trial. A multi-decade tracking of neurological, immunological, and developmental outcomes across populations with varying vaccination status. Florida just eliminated all vaccine mandates—that state alone could provide the data we need within ten years if someone had the courage to actually collect it.
We need a vaccine injury surveillance system that actually captures adverse events. Not a voluntary reporting system that misses 99% of injuries. An active surveillance system with trained clinicians looking for the kinds of delayed, complex injuries that vaccines actually cause.
We need accountability for manufacturers. The 1986 National Childhood Vaccine Injury Act removed all liability from vaccine makers—and predictably, the vaccine schedule exploded afterward while safety research stagnated. Why would any company invest in safety when they can’t be sued for injuries?
Without this data, every ACIP meeting will be the same performance we watched this week: members confidently citing disease prevention data while admitting they can’t see evidence of harm—not because harm doesn’t exist, but because no one is looking for it.
What Comes Next
Sunday’s vote was a crack in the wall. For the first time, an American regulatory body acknowledged that perhaps vaccinating every newborn within hours of birth for a disease primarily transmitted through sex and IV drug use doesn’t make sense when the mother has already tested negative.
But the forces of institutional inertia are already mobilizing. The American Academy of Pediatrics is “disappointed.” The American Medical Association is calling for the CDC to reject the recommendation. The pharmaceutical industry—which collects over $225 million annually from Hep B birth doses alone—will fight to restore the universal recommendation.
They will cite the same data they always cite: disease prevention data. Cases prevented. Infections avoided. Lives saved—theoretically.
They will not cite vaccine injury data, because that data doesn’t exist in any comprehensive form. They will not present long-term health outcomes in vaccinated versus unvaccinated children, because those studies have been actively avoided for decades. They will not acknowledge the thousands of families who have watched their children regress after vaccination, because those injuries aren’t captured in any official database.
And this is why ACIP will always be hamstrung. Until we build the data infrastructure to actually measure vaccine injury—to put real numbers on the other side of the ledger—every vaccine decision will be based on incomplete information. Every “risk-benefit analysis” will be a fraud, because we’re only measuring half the equation.
The hepatitis B birth dose vote was a small victory. But the larger battle—for actual science, for complete data, for true informed consent—that battle is just beginning.
And until we win it, ACIP will continue making decisions in the dark, confidently citing evidence of benefits while remaining deliberately blind to the harms they’ve never bothered to measure.
About the author
J.B. Handley is the proud father of a child with Autism. He spent his career in the private equity industry and received his undergraduate degree with honors from Stanford University. His first book, How to End the Autism Epidemic, was published in September 2018. The book has sold more than 75,000 copies, was an NPD Bookscan and Publisher’s Weekly Bestseller, broke the Top 40 on Amazon, and has more than 1,000 Five-star reviews. Mr. Handley and his nonspeaking son are also the authors of Underestimated: An Autism Miracle and co-produced the film SPELLERS, available now on YouTube.
How to End the Autism Epidemic is a reader-supported publication.
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Health
CDC Vaccine Panel Votes to End Universal Hep B Vaccine for Newborns
“While I question whether any baby should receive a vaccine against a rare disease in infancy, I am pleased that this is now a matter for parents and their healthcare practitioner to decide — not a state mandate based on a federal pharma-backed recommendation.”
Advisers to the Centers for Disease Control and Prevention (CDC) have voted to end a decades-long recommendation that all infants born in the U.S. receive the hepatitis B vaccine (Hep B) within 12-24 hours of birth.
Instead, for babies born to mothers who test negative for hepatitis B, the committee recommends that families determine whether to give their child the Hep B shot at birth through individual decision-making with their physician.
For infants who don’t get the birth dose, the committee recommends the initial dose of the vaccine not be administered until infants are at least 2 months old.
Three of the 11 committee members — Dr. Raymond Pollack, Dr. Cody Meissner and Dr. Joseph R. Hibbeln — opposed the recommendation. The remaining eight members supported it.
Andrew Johnson from the Centers for Medicare & Medicaid Services assured the committee that the language change will not affect Medicaid or insurance coverage of the vaccine.
For mothers whose hepatitis B status is unknown or who test positive, the birth dose recommendation remains in place.
Children’s Health Defense CEO Mary Holland, a long-time critic of the universal birth dose policy, welcomed the committee’s vote to “end the ill-considered universal recommendation for the Hep B birth vaccine dose.”
Holland added:
“The science behind that universal recommendation was a sham, based on thoroughly inadequate clinical trials. Hundreds of babies unquestionably died because of it. While I question whether any baby should receive a vaccine against a rare disease in infancy, I am pleased that this is now a matter for parents and their healthcare practitioner to decide — not a state mandate based on a federal pharma-backed recommendation.
“And while the ACIP [Advisory Committee on Immunization Practices] debate on this issue was tedious and rancorous at times, it is an extremely positive change that actual debate about childhood vaccines is occurring in government venues with impact. This is the transparency that Secretary Kennedy promised.”
Dr. Monique Yohanan, senior fellow for health policy at Independent Women, told The Defender there was never “a good science-based reason to have a universal vaccination that 99% of babies born in the United States are not at any risk,” and that the vote was “good news for babies.”
She added that she hoped it would “provide an opportunity to actually have outreach to the moms who are positive for hepatitis B, women who are immigrants, women who are IV drug users.” She said the previous policy was “performative compassion. And these are really underserved women who we ignored the outreach that they needed.”
The committee also voted 6-4 with one abstention that after the initial Hep B shot, parents should consult with healthcare providers to consider whether their child should have a serology test, which would show whether they had antibodies considered sufficient to protect them against the disease.
The committee voted to update the CDC Vaccines for Children (VFC) Program funding to match ACIP’s recommendations. Several committee members, including Meissner and Hibbeln, abstained from voting on the VFC resolution, protesting that they didn’t understand the implications of the vote — reflecting some of the disagreement that pervaded the two-day meeting.
The votes on the Hep B vaccine were originally scheduled for the September meeting, but were deferred to allow the CDC work group to put together more data to inform the committee’s decision.
Sunday’s vote was postponed from Saturday so members could have more time to review the language of the proposal.
Like flying in a plane that wasn’t safety tested?
The decision to postpone followed a contentious day-long meeting on Thursday, during which some members of the committee and liaisons from professional associations argued there was no need to change the recommendation, because there was no “evidence of harm” from the vaccine.
Advocates for changing the recommendation pointed to a near-complete lack of safety data — small clinical trials for the vaccines tracked infants for a week or less after the shot and little follow-up research on autoimmune and neurological disorders.
Big differences of opinion persisted at Sunday’s meeting.
ACIP member Retsef Levi, Ph.D., said that for parents whose children were at extremely low risk, the decision to give them the vaccine was analogous to flying in a plane — they wouldn’t get in a plane that hadn’t been safety tested, why should they give their child a vaccine that hadn’t been safety tested.
Meissner disagreed, saying, “We know vaccines are safe. There is no question that the COVID vaccine recommendations were dishonest, disingenuous, but the hepatitis B vaccine is very well established.”
In opening remarks, Dr. Robert Malone — who chaired the meeting because the newly named committee chairperson, Dr. Kirk Milhoun, is traveling — said “the credibility of the ACIP rests not on speed, but on rigor.”
Commenting on the heated discussions during Thursday’s meeting, Milhoun said that scientific debates are necessarily contentious.
“If they are not contentious, if they are not approached with rigor, then we end up with bad decisions. We end up with bad science. We must actively engage in responsible debate concerning contentious issues. We must boldly address change, risk new ideas, and conflicting hypotheses, which is the proper nature of evidence-based science.”
Dr. Jason Goldman, a liaison to the ACIP for the American College of Physicians, attacked opposing viewpoints as unscientific. Goldman said the Hep B vaccine discussion was “an unnecessary solution looking for a problem.”
‘If adults won’t go for the shots, then give them to babies’
The Hep B vaccine has been universally recommended for infants since 1991. The first shot is currently given within 24 hours after birth to prevent infection with hepatitis B from mothers who carry the disease — less than 0.5% of mothers.
Mothers can be tested in the hospital to determine whether they have the disease, and current tests have a 100% accuracy rate, according to FDA ex officio ACIP participant Tracy Beth Høeg, M.D., Ph.D.
However, a 1991 New York Times article posted on Substack yesterday by Dr. Meryl Nass showed that when the universal shot was rolled out, the goal was not to prevent maternal transmission — the goal was to prevent adult cases, at a time when adult cases were deemed a national crisis. However, adults commonly didn’t get the shot.
“If adults won’t go for the shots, then give them to babies,” the article said.
Following Thursday’s meeting, legacy media attacked the committee and the CDC’s presenters and highlighted charges of misinformation by liaison members. Liaisons are nonvoting members from professional medical organizations who can offer their opinions and advice to the committee.
Representatives from some of those groups, including the American Academy of Pediatrics (AAP) and the American Medical Association, were disinvited in August from participation in the workgroups due to conflicts of interest.
Since then, the AAP has boycotted the ACIP meetings
At the start of today’s meeting, Meissner castigated AAP for this move. He said he was concerned that by not participating, they would be seen as being more focused on making a political statement than attending to the health of children.
He said that pediatricians should be part of the discussions. “Refusal to participate in the ACIP meetings does not appear to be in the best interest of children.”
Immediately following today’s vote, the Times quoted “experts” from some of the staunchest advocates for all vaccines on the childhood schedule, such as the director of the Center for Infectious Disease Research & Policy, Michael Osterholm, Ph.D., saying that the vote shows federal health authorities can no longer be trusted.
Osterholm, a member of the COVID-19 Advisory Board under the Biden administration, is one of the key players in the “Vaccine Integrity Project,” funded by iAlumbra, a nonprofit founded by Walmart heiress and philanthropist Christy Walton. The project plans to make its own vaccine recommendations.
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Vaccine recommendations ‘should not be treated as mandates’
During the day-and-a-half-long discussion about the Hep B vaccine, several committee members, including Dr. Evelyn Griffin, raised concerns that the birth recommendation posed challenges for informed consent, because mothers who had just delivered babies were not in a position to calmly evaluate risks and benefits.
Others, including Levi, argued that the vaccine requirements for children to attend school effectively functioned as mandates.
Liaison members universally disagreed that the recommendations were mandates and argued that ACIP recommendations were really only recommendations, and parents could do what they wanted.
CDC ex officio member, Dr. Adam Langer, who was opposed to changing the recommendation, said that the recommendations had come to function as mandates, but that was not the intention. He proposed the committee make a formal statement that “all vaccine recommendations are recommendations. They should not be treated as mandates.”
He added that mandates put in place by state and local jurisdictions were “problematic.”
“We have a lot of challenges with our culture and our traditions in this country, with telling people what they must and must not do. But that’s not what we’re saying here. We’re saying that at the population level, in the majority of cases, this is what the sign shows is the best practice.”
He said providers should always make the best decision for the individual patient they are working with. “That’s the reason why you’ve been entrusted with a license to practice medicine.”
Watch the ACIP meeting here:
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