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The
MMR-autism crisis
- our story so far
An investigation by Brian
Deer |
"It has been proposed that
my role in this matter be investigated
by the General Medical Council. I not only
welcome this, I insist on it"
- Andrew Wakefield, February 2004.
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IN 2009, immense
human suffering is being exported across the world,
caused by claims, born in Britain, linking the triple
measles, mumps and rubella
vaccine with autism.
Measles outbreaks - explicitly linked by doctors to
these claims - are being reported across Europe, the
United States, Canada, Australia, Japan and South
Africa, as well as in the UK, where in June 2008 a
17-year-old West Yorkshire boy died, and the
government's Health Protection Agency declared
measles to be once again "endemic".
"Most people
have forgotten, but measles was once an uncontrolled
scourge that infected three million to four million
Americans annually," noted the New York
Times in an editorial titled "Measles
returns" on 24 August 2008. "In
bad epidemic years, some 48,000 Americans were
hospitalized, 1,000 more were chronically disabled,
and 400 to 500 died."
Today meanwhile - and
no less seriously - countless thousands of mothers
and fathers of autistic children are being tormented
with the unwarranted guilt of being misled into
thinking that they made a catastrophic mistake
in agreeing to vaccination, and that - in a
blame-game reminiscent of "refrigerator mother" theories - they may be
responsible for their own childs disability.
Young parents, in their millions, now agonize about
risks whenever a son or daughter falls due for shots.
Since the early 1970s
in the United States, and 1988 in the United Kingdom,
the three-in-one live virus MMR
vaccine has been routinely administered to almost all
children, soon after they're one year old. Along with
other immunisations - such as that against polio, and
the combined diphtheria, tetanus and pertussis shot -
MMR has become a mainstay of public health,
protecting against infectious diseases.
But, now a decade
ago, a UK medical journal, the Lancet,
unleashed a devastating assault on confidence in the
vaccine: suggesting that independent researchers had
discovered a possible link with the development of a
new sudden-onset "syndrome", combining regressive
autism and inflammatory bowel
disease. This startling allegation came in a
five-page paper [pdf version], dated 28 February 1998,
authored by Dr Andrew Wakefield, Professor John
Walker-Smith, Dr Simon Murch, and ten others, based
at a medical school attached to the 1,000-bed Royal
Free hospital, in the Hampstead district of north
London.
Media reaction at the
time to these claims was swift. "A medical study
suggests today that there could be a link between the
measles, mumps and rubella vaccine (MMR) given to
children in their second year of life and
inflammatory bowel disease and autism,"
reported, for example, The Guardian,
on page 1 of its issue of 27 February 1998.
"They also found that the behavioural changes in
the children which are typical of autism, such as
forgetting the basic language they had just learned,
began within days of their MMR vaccination."
The Lancet paper
reported on just 12 anonymous and
allegedly "previously normal"
children, aged between 3 and
10, who had been diagnosed
at other centres with developmental disorders, and
who the paper said had symptoms of a variety of bowel
complaints [later revealed mainly to be constipation]. These dozen kids were
admitted for week-long batteries of tests in the
hospital's paediatric gastroenterology unit -
allegedly consecutively - in late 1996 and early
1997.
Although, in July
2007, a UK General Medical Council [GMC] panel began hearings
into serious ethical issues surrounding Wakefield's
research, the published study's principal
"finding" was an alleged association
between MMR vaccination and what the
Wakefield group claimed to be the sudden
onset of developmental disorders in eight
- two-in-three - of the 12 children. This
"finding", and massive publicity that the
Royal Free hospital and medical school encouraged for
it [through a press release, video news release and a televised press
conference] launched a worldwide scare over the
vaccine's safety, triggering falls in immunisation rates [for
year-on-year stats see the foot of this webpage], outbreaks of potentially fatal or
disabling diseases, and an epidemic of agonising self-recrimination among many parents of
autistic children.
"Any mother who
has a child wants it to be normal," said, for
example, Karen Prosser of Kent, who
featured with her autistic son Ryan in the hospital's
video, voicing sentiments repeated many times over
the years. "To then find out your child might be
genetically autistic, is tragic. To find out that it
was caused by a vaccine that you agreed to have done
is just devastating."
"In a way,
making the connection was worse for us," said Rochelle
Poulter of West Sussex, who enrolled her son
in the Wakefield research. "We'd convinced
ourselves it was nothing we had done. Now we knew it
was our fault."
Fixing
a link between MMR and autism
In investigations for
The Sunday Times spread over a period of some five
years, Brian Deer [pictures] [British Press Award] [Press Gazette interview] sought to crack the riddle
of the MMR scare. Why was it that no other scientist
or research centre, independent of Wakefield, could confirm
the paper's key finding? Some used statistics to see
if autism took off in 1988, when MMR was introduced
to the UK. It didnt. Others used
virology to see if MMR caused bowel disease: a core
suggestion in the paper. It didnt.
Yet more replicated the exact Wakefield tests.
They showed nothing like what Wakefield
claimed.
The solution emerged
in February 2009 - 11 years after the research was
first published. In a page 1 Sunday Times report, backed by two full pages
inside, Deer unveiled the first account of an
exercise never before accomplished
by a journalist with regard to any published medical
research. With co-operation from parents and
witnesses, access to confidential documents, evidence
presented at the GMC hearing, and review by
internationally-recognised experts, he succeeded in
getting behind the face of the Lancet report to gain
direct access to patients' histories and diagnoses.
This exercise
revealed the most extraordinary mismatches between
what the Lancet claimed and facts documented in
records. Some of the children were not
"normal" before vaccination, despite it
being stated in the paper that they were. Others, who
Wakefield claimed suddenly developed behavioural
problems following MMR, did not do so until months
afterwards. Others, who were reported in the paper as
having "regressive autism" did not have
this condition. And yet more were claimed to have
inflammatory bowel disease, despite hospital
pathologists, performing routine tests on gut
biopsies, reporting that these biopsies were
normal.
"In summary, not
one of the 12 children is free of serious doubt as to
the manner in which their case has been reported by
you," Deer wrote to Wakefield,
putting these allegations, on 6 February 2009.
"Indeed, there is no real evidence that any of
the children were as you reported in the Lancet. When
lack of evidence of previous normality, lack of
evidence of regression, lack of evidence of
inflammatory bowel disease, and lack of any temporal
link as you describe, are taken into account, there
was no basis in the records for your claim to have
discovered any new syndrome at all."
Although Wakefield
later complained to the UK's Press Complaints
Commission - in a complaint rejected by the paper -
at the time of publication he did not respond,
leaving his lawyers to deny what
Deer put to him. "Publication of your
allegations and account at this time will give rise
to serious risk that the GMC process will be
prejudiced and the fairness of the hearing
compromised," said solicitors Radcliffes LeBrasseur. "You also know that, at
this juncture in the GMC process, it would be
inappropriate for Dr Wakefield to give a detailed
response to you. He has denied the allegations and
gave a detailed response over many days to the GMC
Panel. It follows that the assertions made in your
e-mail are denied."
But the implications
of Deer's new findings - which had been prefigured
years before at this website with evidence of substantial alterations between versions of the
Lancet paper - killed at its roots any credible basis
for what has become a global crisis over the vaccine.
Examination of the children's records reveals that,
in circumstances of the most profound financial
conflict of interest imaginable, what Wakefield had
done in 1997 was to carve out his "syndrome"
with changes and misreportings, when he plainly had
found no such syndrome. The Lancet made it look like
he had discovered something consistent, when the
children had little in common.
The
1998 Lancet paper
That it took so long
for Deer's information to emerge says much about the
impenetrability of medical research, and its
vulnerability to abuse. Unlike newspapers and other
open media, where purported facts and sources can
almost always be checked by rivals, medical journals
publish behind a veil of secrecy: the confidentiality
of patient information. This leaves them uniquely
vulnerable to research misconduct, as many high
profile past examples have revealed.
But, despite the 1998
Lancet paper's extraordinary impact - particularly on
parents of autistic children - even superficial
examination of Wakefield's report revealed crude
errors, inconsistencies and omissions. These
might properly have been challenged by the journal's
editor, Dr Richard Horton, a former Royal Free
colleague of Wakefield's. But, in the face of
criticism, Horton vehemently supported the paper, and
shrugged off mounting concerns.
"Progress in medicine depends on the free
expression of new ideas," he wrote in 2003.
"In science, it was only this commitment to free
expression that shook free the tight grip of religion
on the way human beings understood their world."
In addition to
errors, inconsistencies and omissions, moreover, the
paper was also marred by a striking departure from
journal conventions over the "inflammatory bowel
disease" Wakefield claimed to have discovered.
This was diagnosed primarily by the appearance of
multiple small bumps in the last part of the small
bowel - technically named ileal-lymphoid nodular
hyperplasia - which represented an activation of the
local immune tissue frequently seen in
normal children, and by what he and his associates
claimed was "non-specific colitis" [in the
large bowel]. But, although the report was, in fact,
titled "Ileal-lymphoid-nodular hyperplasia,
nonspecific colitis, and pervasive developmental
disorder in children," nowhere did it discuss,
or even cite previous literature on,
the key phrase: "ileal-lymphoid-nodular
hyperplasia".
Such shortcomings -
and a principal finding concerning the sudden onset
of behavioural disorders in the children which was,
at face value, unbelievable - caused
widespread concern among those who understood the
paper, and alerted Brian Deer to the need for an
investigation. This followed his experience of 20
years of similar Sunday Times public interest probes,
which have included inquiries into contraceptive pills from the Schering AG and
Wyeth drug companies, antibiotics from Wellcome and Roche, sex drugs from Pfizer, and painkillers from Merck. The MMR
investigation, however, was not instigated by his
editors until September 2003. [See The Sunday Times MMR reports listed]
After the first slug
of that investigation was published, in February
2004, and charges were later laid against Wakefield,
Walker-Smith and Murch by the General Medical
Council, numerous of the Lancet authors would deny
that the paper was ever about MMR at all. But the
text, tables and references were all thick with
issues concerned with the vaccine, and the paper's
most important passage - the "findings"
- stated:
Findings.
Onset of behavioural symptoms was associated by
the parents with measles, mumps, and rubella
vaccination in eight of the 12 children...
In the
no-less-critical results section,
the paper elaborated on the findings, alleging an
extraordinary 14-day timeframe:
In
these eight children the average interval from
exposure to first behavioural symptoms was 6.3
days (range 1-14).
It was this purported
"finding" and "result"
- suggesting that the Wakefield group may have
stumbled upon evidence of a potential health disaster
- that set off the worldwide MMR scare, which has
caused parents anxiety ever since.
With medical research
increasingly dominated by the agendas of drug
companies and other commercial interests, the
reported study drew particular strength from its
apparently independent support. Under a customary
section for such papers headed acknowledgements,
it said:
This
study was supported by the Special Trustees of
Royal Free Hampstead NHS Trust and the
Childrens Medical Charity.
No other source of
support was cited, although the charity, which had
been set up to fund experiments with vitamin B12 at
another London hospital, had ceased operations in
1995 due to an ethics and publication controversy.
It also appeared from
the text that Wakefield and his colleagues had
complied with the Lancet's editorial requirements
with a declaration on institutional oversight. Under
the heading Ethical approval and
consent, the paper said:
Investigations
were approved by the Ethical Practices Committee
of the Royal Free Hospital NHS Trust, and parents
gave informed consent.
Authoritative
biomedical journals will not accept for publication
research involving human subjects without statements
of such a nature.
Finally, in the
paper's pivotal conclusions section
[known in the Lancet and many other biomedical
journals as the "interpretation"], the
authors summarised their purported findings:
Interpretation.
We identified associated gastrointestinal disease
and developmental regression in a group of
previously normal children, which was generally
associated in time with possible environmental
triggers.
Brian
Deers 2004 Sunday Times findings
Before his
revelations in 2009 about the changed and misreported
information in the paper, Deer had published a string
of earlier reports. The first of these appeared on 22 February 2004, and at the time caused
public uproar in the UK. As Newsweek
would later report, in its issue of 2 March 2009:
"The
first cracks in the vaccine theories of autism
appeared in early 2004. An investigation by
British journalist Brian Deer in The Sunday Times
of London revealed that the children Wakefield
described in the Lancet study had not simply
arrived on the doorstep of the Royal Free."
Indeed, they had not.
But nobody would have known from the manner in which
the paper had been crafted. The text - drafted and
redrafted by Wakefield with little input to the text
from other authors - suggested that the eight
children whose parents were reported in it as blaming
MMR were merely routine referrals from general
practitioners and hospital doctors to the Royal
Free's paediatric bowel unit. Under the heading
"patients and methods", it
stated:
12
children, consecutively referred to the
department of paediatric gastroenterology with a
history of a pervasive developmental disorder
with loss of acquired skills and intestinal
symptoms (diarrhoea, abdominal pain, bloating and
food intolerance), were investigated.
But even at this
early stage of The Sunday Times investigation, a
different story was unearthed, which left the
project's integrity in ruins. Long before
publication, almost all of these children [through
their parents] were actually clients
and contacts of a small-time UK
solicitor, Richard Barr, who for years had been
attempting to raise a speculative lawsuit - financed
through the British government's legal aid fund -
against drug companies which manufactured MMR.
Although doomed from
the outset to fail [as all previous such actions in
the UK against drug companies have failed], this
lawsuit was the origin and engine
of the MMR scare: both in Britain and throughout the
world. First spun from publicity surrounding the UK
government's withdrawal in September 1992 of an early
version of MMR [due to the mumps component being
linked with rare cases of viral meningitis], it
quickly evolved into a fishing expedition for any
allegation critical of the vaccine.
National vaccination
rates were unaffected by the 1992
withdrawal, and there was no wider public alarm. But,
soon after, a campaign was started by a Wigan
housewife, Jackie Fletcher, alleging
a link with developmental disorders. At the time
there was no suggestion that MMR caused autism, and
suspect cases were mostly like her son, Robert:
children with epilepsy and severe learning
difficulties. With such disorders still poorly
understood, and with problems typically manifesting
at around the age of routine vaccination, alarmist
media suggestions, initially placed by Fletcher and
Barr, of a link with MMR became amplified like pyramid
selling. And, as Barr's name got around as
the "MMR lawyer", his key clients, led by
Fletcher, began a campaign to deploy frightening, but
generally unverified, "mother and child"
vignettes: winning new converts to the litigation.
Eventually this would register 1,600 claimants, all
of whom have since discontinued.
In the shape of the
scare, history was repeating itself. Barr's first
efforts ran along similar lines to failed legal
claims, mounted in Britain during the 1980s, over the
triple diphtheria, tetanus and
pertussis [DTP]
vaccine. Those claims involved [subsequently
discounted] allegations that DTP sometimes caused
permanent brain damage to children - and specifically
[albeit rather arbitrarily] within 14 days
of vaccination. The same time-frame - 14 days
- was also tabulated in a landmark 1981 British
epidemiological survey, the National Childhood
Encephalopathy Study, which not only included data
concerning events after DTP, but also after the
administration of single measles
vaccine.
But Barr - working
with assistant and future wife Kirsten Limb
- had no medical or scientific experts to mount a
similar attack on MMR. The mumps meningitis cases
appeared to resolve without long-term problems for
sufferers, and [although drug industry lawyers would
later express amazement that no serious legal
challenge was raised with respect of vaccine products
withdrawn on government orders] any serious
side-effects were evidently so rare that they
couldn't offset the advantage of vaccination. The
risk-benefit profile of the triple shot seemed clear,
and Barr's lawsuit hopes looked set to founder.
In 1995,
however, the position changed, with the emergence of Andrew
Jeremy Wakefield, a former gut surgeon doing
research at the Royal Free medical school. The son of
a prosperous neurologist father and general
practitioner mother, from the west of England town of
Bath, Wakefield was ambitious and was determined to
make his mark. And, although employed full-time at
the school since November 1988, he'd already
developed a taste for business ventures, registering
private companies from external addresses, and filing
patents on work done at the school.
The most bizarre was
"Wakefield's box": an "apparatus and
process for performing a chemical reaction",
filed with the London patent office in December 1993.
This was a cabinet, fitted with microwave heater and
fan system, to heat and cool materials for
experiments.
Target
was Crohn's disease
But Wakefield
nurtured a more ambitious "big idea": that
he had discovered the cause of Crohn's
disease. This terrible, and sometimes even
fatal, inflammatory bowel disease, is a major medical
mystery, with numerous theories as to why some people
get it. The gut surgeon's speculation was that it was
caused by measles virus, and in March 1995, he
patented this claim, from his home address, without
the knowledge of the medical school, his employer. So
if this virus - specifically involving live strains
in vaccines - caused Crohn's, there were prospects of
him garnering fame and wealth.
Speculations abound
in medicine about diseases of unknown cause being the
result of common infectious agents. They almost
always turn out to be wrong. But in October
1992 - just two weeks after
the mumps meningitis problem had triggered the
withdrawal of two brands of MMR - Wakefield began
phoning and writing to officials at the department of
health in an extraordinary, almost menacing, tone.
Although the brand withdrawals were over mumps, not
measles virus in the vaccine, and he
was only a lecturer at a north London medical school,
he demanded top-level meetings, and for his work to
be government-funded, with veiled suggestions about
media involvement.
"My concern is
that although measles, and in particular the vaccine
may have no association with Crohn's disease
whatsoever, what will be picked up by the press is
the apparent association between the increasing
incidence of disease and the vaccine," he wrote
to Dr David Salisbury, chief of the
vaccine programme.
Two-and-a-half years
later, Wakefield made good on this warning when in
April 1995 [one month after filing his Crohn's patent
application] he held a press conference at the Royal
Free hospital. This event announced the publication -
also in the Lancet - of a low-grade, much-challenged statistical paper, seeking to
mine some kind of epidemiological
association between vaccine use and in the incidence
of Crohn's. He appeared on television and in
newspaper reports. These caught the lawyer's eye.
"Children who
have been vaccinated against measles are three times
more at risk of developing serious bowel disease in
later life, a study suggests," reported Daily
Mail journalist Jenny Hope, in publicity
from the Crohn's press conference. "Dr Andrew
Wakefield, of the Royal Free Hospital School of
Medicine in North London, said the increased risk
could be due to the use of live virus."
It was this 1995
publicity which first caused the public to become concerned
about MMR. And, although Wakefield would subsequently
repudiate his theory, his first forays into autistic
children were a bid to prove the cause of Crohn's.
Although some parents would believe that he was a
champion of families struggling with autism, evidence
later presented to the General Medical Council
suggests that this was initially far from the case.
He simply wanted to get into the guts of children -
any children might do it - to prove that measles
virus persisted. But such research on healthy kids
would never be permitted: it would be unethical to
expose them to the risks. Through Barr, however, he
saw an unparalleled opportunity: to perform the tests
on those with brain disorders. These uniquely
vulnerable children of Barr's desperately worried
clients might thus allow the research to go ahead. As
Prof John Walker-Smith would later
tell the GMC:
"The
heart of the matter - this all began with Dr
Wakefield's idea that Crohn's disease was
triggered by MMR, and measles was the important
factor."
Wakefield's theories
on Crohn's, however, proved a road to nowhere: even criticised by the Royal Free medical
school. But, evidently on the principle that "my
enemy's enemy is my friend", Barr and Wakefield
made common cause against MMR: bolting together a
novel, elaborate, unsubstantiated [and by 2008
comprehensively refuted], speculation that measles
virus in the vaccine somehow damaged the
gut, which somehow released
so-called "opioid peptides" from food into
the bloodstream, which somehow damaged the brain.
Although the 1998
"MMR" Lancet paper remained silent on
numerous pivotal matters, this so-called "opioid
excess theory" of autism - which has since been
established to be false in all material respects -
was set out at surprising length. In a customary
section for biomedical texts headed "Discussion",
for example, Wakefield recounted how a number of
[fringe] sources [not all of whom were even doctors
or scientists] argued that autism could arise from digestive
problems:
"The
'opioid excess' theory of autism, put forward
first by Panksepp and colleagues, and later by
Reichelt and colleagues and Shattock and
colleagues proposes that autistic disorders
result from the incomplete breakdown and
excessive absorption of gut-derived peptides from
foods, including barley, rye, oats, and casein
from milk and dairy produce."
As an explanation for
autism, however, this theory was absurd: an almost
Christmas cracker level of science. Although not
taken seriously enough by scientists to be publicly
nailed until authoritative research was published in March 2008,
it had first been suggested in July 1979 in a fringe
"point of view" opinion article by a
psychologist, Jaak Panksepp, published in an obscure
monthly journal called Trends in Neurosciences. Without any clinical
evidence whatsoever, but rather based on observations
of rats, this article began:
"We have
approached the possible neurochemical causes of
autism by assuming that the fundamental problem
of the autistic child is emotional. Some of the
earliest observed symptoms of autism include a
lack of crying during infancy, a failure to cling
to parents, and a generally low desire for social
companionship, which, we believe, shows that the
autistic child is constitutionally unable to feel
properly the emotions arising from social
relationships. Injections of low doses of
morphine can generate such behaviour patterns in
animals..."
There was more in
this vein, which by the 1990s, at least, should
properly have caused concern:
"Contrary
to most prevailing professional opinions, we have
sided with the idea that the primary disorder of
autism is an emotional rather than a cognitive
one. We feel that the language difficulties of an
autistic child do not reflect a primary cognitive
disorder. Unless the child has a normal desire
for social interaction, the resulting failure of
early language development may abort the
construction of more mature linguistic
skills."
Although, on cold
consideration, such a therory of autism is laughable,
other possible mechanisms by which the
vaccine might cause autism were shunted to one side
by this notion. And as hundreds of
parents of disabled children joined the lawsuit -
with all the uncertainty and stress that litigation
always brings to people's lives - this would be
presented as a vital link in the purported chain of
causality to be set out in the legal claims. Here's a
typical paragraph, for example, from documents later
submitted by Barr to the High Court:
"In
susceptible children, the presence of measles
vaccine viral material in the tissues of the gut
causes immune dysregulation and/or immune
reactions and/or autoimmune reactions which cause
or materially contribute to the development of an
inflammatory bowel disorder, which in turn
initiates a biochemical cascade and in turn leads
to the egress of products of digestion and
neuroactive/neurotoxic agents (including an
excess of opioid peptides) into the circulation
damaging the brain so as to cause autism/an
autistic spectrum disorder."
But the key to the
strategy was to find concrete examples: test cases to
be tried in court. Since any vaccine-damaged
individuals have no known distinctive physical or
behavioural features, it was essential to Barr's
lawsuit [Sayers & Ors v SmithKline Beecham &
Ors] to propose a fingerprint of
damage. So, in February and June 1996, Barr wrote to [possibly
hundreds of] his MMR clients and contacts -
overwhelmingly people who'd got in touch with him
following publicity for his campaign - and advised
them that those whose children had any of a list of
possible symptoms of Crohn's disease [such as bouts
of diaorrhea, gut pain or even mouth ulcers] should
contact him for possible referral to
Wakefield.
It was a means of
finding subjects for Wakefield's research, but, by
selection, created a false impression. Using
recruitment methods never publicly disclosed before
Brian Deer's investigation, the appearance of a
potential link between [1] MMR vaccination, [2] bowel
problems, and [3] autism, was artificially created by
soliciting and sorting from a larger group of
children, recruited from publicity, a small number in
whom all three issues coincided.
Logically, it was like selecting vaccinated kids with
developmental disorders and rotten teeth, and sending
them to a dentist who offers the opinion that
vaccination causes caries, leading to autism.
Legal
aid contract
The risk of creating
a spurious connection was obvious. But Barr had made
up his mind. "Needless to say both Kirsten and I
are satisfied that the link between vaccines and the
injury to our individual clients is not a fanciful
one, but one of direct causation," he wrote in June
1996. "Unfortunately the experience of
many of our clients is that even in the face of quite
an obvious link between the vaccine and the injury,
doctors are dismissive and say that the cause is
anything but the vaccine."
While Barr appealed
to his clients for symptoms, he helped Wakefield
draft a proposal to the British government's
Legal Aid Board to pay for him to prove his theory.
Attaching a copy of a Royal Free research protocol -
later filed with the hospital's ethics committee -
the two men submitted to the board detailed costings
for procedures, and a statement of Wakefield's intentions.
In terms devastating to any possible claim that
Wakefield was employed to be an independent scientist
pursuing objective research, before any of the
children were admitted for his project, and 21
months before the Lancet paper was
published, they wrote:
"It is
hoped that using the testing protocol attached it
will be possible to establish the causal link
between the administration of the vaccines and
the conditions outlined in this proposed protocol
and costing proposals. The standard of proof
aimed for will be at least the balance of
probabilities but it is hoped that in many
respects the level of proof will reach certainty
or near certainty."
Referring to
inflammatory bowel disease (IBD) and what they called
"disintegrative disorder", the two men's
proposal also suggested that, before
any of the children were admitted to hospital for the
project, a "new syndrome"
had already been identified:
"In
contrast with the IBD cases, which have a prima
face [sic] gastrointestinal pathology, children
with enteritis/disintegrative disorder form part
of a new syndrome. Nonetheless the evidence is
undeniably in favour of a specific vaccine
induced pathology."
So seriously did
these preparations impact the Lancet study published
in February 1998 that, even before the last of the 12
children was admitted to the hospital for Wakefield's
research, the parents of six had
already been issued with legal aid numbers through Barr's then-law firm,
Dawbarns of Norfolk. Moreover, even before the last
child in the series was admitted to the Royal Free,
[one year before the paper was published], Walker-Smith knew that the study was
contaminated. On 20 February 1997, he wrote to
Wakefield, in a letter marked as copied to Murch:
"It is
clear that the legal involvement by nearly all
the parents will have an effect on the study as
they have a vested interest... I would have been
less concerned by legal involvement if our work
were complete and we had a firm view. Never
before in my career have I been confronted by
litigant parents of research work in progress. I
think this makes our work difficult, especially
publication and presentation."
In the event, at the
date of publication, the parents of ten
of the children, whose anonymised apparent details
were included in the paper, had legal aid to sue
manufacturers. One more was American, and therefore
not entitled to sue. And the mother of the twelfth
eventually changed her mind - four years after going
to the hospital - and blamed MMR for her child's
neurological problems, after she was visited at home
by a lawyer.
Wakefield and Barr
were working together. But third parties were also
key. In addition to being lawyer's clients and
contacts, parents arriving at the Royal Free to
vocally accuse the vaccine of causing developmental
disorders were members or contacts of the British
campaigning organisations JABS and Allergy-Induced
Autism: both run by Barr clients [respectively
Jackie Fletcher and Rosemary Kessick], who were collaborating with
Wakefield behind the scenes. No wonder that,
eventually, the parents of all 12 -
an incredible 100% - of the Lancet
children, who Wakefield repeatedly held out to the
world as being nothing more than consecutive, routine
clinical referrals to the paediatric bowel unit of
the hospital [which didn't even boast a reputation as
a centre for developmental disorders], were on the
record as blaming MMR.
None of this
underbelly was revealed in the paper, or reported in
surrounding publicity. Although the Lancet text
opaquely referred to possible "selection bias in
a self-referred group", this possibility was
dismissed in the same sentence, and nowhere was the
children's extraordinary status and manner of
recruitment disclosed. Rather, Wakefield misled the
public by laundering into the medical literature, as
apparently scientific findings and results,
what were, in reality, highly-motivated
[and usually poorly-substantiated] allegations from a
group of parents who had an overpowering emotional
and economic need to believe that MMR was at fault.
The apparent parental
allegations, moreover, were written up in terms that
misled. Where Wakefield spoke in the paper of
behavioural symptoms within 14 days of MMR, the true
position was that the parents [usually after advice
from lawyers or activists, and always after being
advised by Wakefield] had generally reported [if
anything] common, benign, consequences of
vaccination, such as crying, fever,
rash, irritability, and even sometimes [also
benign] febrile convulsions. No
competent doctor, acting professionally, could
describe these as "behavioural symptoms",
much less hold them out as potential markers for the
onset of regressive autism.
In fact, Wakefield's
tabulated finding - linking MMR with the sudden onset
of regressive autism in two thirds of a consecutive
series of 12, seen routinely at a children's bowel
unit within the space of a few months - was both
biologically implausible and statistically
impossible. It simply could not happen.
No paper or article
has ever subsequently been published proposing
anything like this scenario. Indeed, faced by
urgently-commissioned research, and a review of cases
by the Committee on Safety of
Medicines,
which showed no such temporal association, the
lawsuit-driven anti-MMR campaign moved off in a
different direction. The argument quickly changed to
allege that the emergence of autistic disorders after
MMR wasn't sudden at all, but delayed
and insidious. By
August 2001, other retained experts, working for Barr, led by
Canadian epidemiologist Walter Spitzer and British
psychologist Kenneth Aitken, published a paper
reporting, among other things, that they'd found only
two out of 493
[0.4%] children then enrolled for Barr's lawsuit [who
were vaccinated between January 1988 and November
1998, and thus including Wakefield's series] where
MMR had been given less than 30 days
before the appearance of behavioural symptoms. In
striking contrast, however, Wakefield had claimed in
the Lancet paper that eight out of 12
[66.6%] had received MMR within 14 days
of symptoms. Moreover, Spitzer and Aitken reported
that the median time to the onset of symptoms among
Barr's clients was 1.1 years, while
Wakefield had claimed a median time of only 6.3
days.
Wakefield's
"finding" and "result" were thus
abandoned by history, with only the sting of his
attack remaining. In due course, he would up the
stakes, issuing a string of false claims, including
baseless comparisons between California and London
autism data, published with a Royal Free sidekick Scott Montgomery Ph.D in November 1999, again
in the Lancet, falsely claiming evidence that MMR was
responsible for an epidemic of autism. Then, in January 2001, the
pair published a sham review of
vaccine research in the journal Adverse Drug
Reactions and Toxicological Reviews. Analysis of
these texts reveals Wakefield's motive: to attack
MMR, with little heed for truth or consequence. But,
with regard to the February 1998 Lancet paper, his
claims were a charade: by a former surgeon with
insufficient training in general medicine and
paediatrics to realize that what he'd claimed was
impossible.
It was a similar kind
of story with the "inflammatory bowel
disease" Wakefield claimed to have discovered.
Later, he would grandly dub this "autistic
enterocolitis", as if it were something
distinctive to these children. Even the British
Medical Journal, attending the launch of the Lancet
paper in 1998, took this to be a pivotal insight.
"The study is the first of five new papers to be
published on the new syndrome, which the team have
named ileal lymphoid nodular
hyperplasia,"
the journal reported on 7 March 1998.
But within weeks of
the Lancet paper's publication, the clinicians
admitted that they'd seen something else: very common both to children with
developmental disorders, and to those with learning
difficulties. "Plain radiography confirms severe
constipation with acquired megarectum [solid
blockage] in almost all affected children,"
Walker-Smith and Murch wrote in a letter to the
journal, published on 21 March 1998.
"Most parents note a honeymoon period of
behavioural improvement after the bowel preparation
for colonoscopy and this is maintained if recurrent
constipation can be prevented."
Years later, Murch
published eloquently on constipation in autistic
children, but
it was nowhere mentioned in the paper. Was it related
to the ileal-lymphoid hyperplasia? This expression
[meaning swelling of lymph glands near the end of the
small intestine, close to the appendix] didn't refer
to an "inflammatory bowel disease" at all,
but to a common gut feature, often seen in children,
regarded by specialists as usually benign.
Although, oddly, the Lancet paper contained no
explanation, discussion or literature citations
whatsoever about this feature, even a panel of 20
specialists, including Wakefield and his supporters,
convened in October 2006 by a US group, Autism
Speaks, concluded:
"The
clinical significance of LNH in children with
autism is unclear given that similar findings
have also been reported in children with typical
development as well as children with food
allergies and immune deficiencies."
Besides lymphoid
hyperplasia being a frequent, benign finding in all
kinds of children seen at hospitals - and not a new
disease linked to autism - Walker-Smith would later
admit in confidential papers that most children that
he claimed to have "autistic enterocolitis"
didn't have enterocolitis [meaning inflammation of
both the large and small intestines] at all. And
experts also found "unremarkable" signs in
the children's colons. "These
colonoscopic findings of increased vascularity and
granularity are entirely subjective," wrote one
experienced gastroenterologist in a report.
"These are appearances that can occur following
bowel preparation for colonoscopy and they are of no
diagnostic significance."
Nevertheless,
Wakefield would claim these things as evidence of
damage caused by MMR. Although he would later
repeatedly pretend to have been
retained as an "expert to the UK courts",
rather than by Barr, he had been hired to certify not
only the general principle that MMR damaged, but that
individual claimants had been hurt.
"These findings are consistent with
autistic enterocolitis," he would assert, for
example, with regard to five litigant
children, in a report for Barr dated August
2003. "It is my opinion that, on the balance of
probability, the disease was caused by or at least
contributed to by, MMR vaccine."
But in face of the
evidence, in September 2003, Barr's
lawsuit collapsed, when public funding was
stopped, immediately following expert reports,
including Wakefield's, being exchanged. Although Fletcher's JABS
group would blame the government, the Legal Services
Commission, the judiciary, and even Brian Deer [who
at the time had never published anything whatsoever
about MMR] for the failure, it was the children's
own lawyers - the QCs Jeremy Stuart-Smith,
Simeon Maskrey and Augustus Ullstein - who had
advised the commission that, notwithstanding the vast
investment of public money in trying to undermine
MMR, the attack based on Wakefield's theories was
unlikely to succeed. As Lord Justice May summarised
the events, in a February 2006 appeal court judgment:
"The
actions proceeded and expert evidence was
exchanged. At this stage, three leading counsel
for the claimants in the group action produced a
lengthy advice. They advised that, as the
evidence stood, there was no reasonable prospect
of establishing that the MMR vaccine could cause
ASD."
Ten years had been
wasted on Wakefield's claims. Parents had gained
nothing but heartache.
He
who paid the piper...
To understand
Wakefield's conduct, it's hard to overlook his hidden
financial interests. To the later declared surprise
of his colleagues [mp3 audio], two years
before the Lancet paper was published, his research
on the children had begun, not just with a desire to
collaborate with Barr, but with a lucrative financial
contract to join the team preparing
the lawsuit. In February 1996, Wakefield agreed to
work for Barr at a rate of £150 an
hour - a great deal of money for a retained expert at
that time - in addition to his Royal Free salary. And
as the Sunday Times investigation revealed in February 2004, the
proposal submitted to the Legal Aid Board [now the
Legal Services Commission] in June 1996 meant money
to support Wakefield's work.
Shunning competing
explanations for how MMR might cause injuries, and
without any medical or scientific review, Barr was
authorised to pay Wakefield a maximum of £55,000
from public funds - on top of his hourly rate - to
perform the research in the June 1996 proposal. This was to provide for "clinical
and scientific" tests on ten
client children in the hunt for evidence for
the lawsuit. Interviewed by Brian Deer in 2004, Barr
- by now working for the larger law firm Alexander
Harris - confirmed that he'd arranged finance [mp3 audio] for the study published in
the Lancet of February 1998. But then, after public
uproar followed the first Sunday Times reports, he
avoided any further comment.
Even some of
Wakefield's closest collaborators voiced concern over
this new information. "We were shocked by the
revelations in the Sunday Times," said Professor
John O'Leary, a controversial
Dublin-based Wakefield associate, and former business
partner, in a statement issued through his lawyer.
"We were not made aware, nor were we aware, of
any liaison between Dr Wakefield and Mr Richard Barr
of Alexander Harris Solicitors that apparently
existed since 1996. In addition, we had never been
informed that the LSC had funded Dr Wakefield."
Walker-Smith
also denied all knowledge, despite being the study's
senior clinical investigator. In an email, circulated
at the Royal Free on 27 February 2004, in response to
The Sunday Times investigation, he said:
"No
financial details of Andy's work was ever
discussed with me by anyone and I was totally
unaware of the grant of £55,000 that had been
paid to him in an NHS Trust Fund, until Deer told
me to my astonishment in December 2003."
The explosive
revelation about Wakefield's £55,000, however, only
scratched the surface of his pecuniary advantage.
Wakefield denied that he had been paid by the
solicitor, but, on the legal front, in December 2006
- only five months after Wakefield's supporters also
issued a statement denying that
he was ever paid - the Legal Services Commission
answered a Freedom of Information Act request from
Brian Deer with a spreadsheet of fees to paid witnesses in the MMR lawsuit, stating
that, since joining Barr ten years previously,
Wakefield had been paid £435,643
[about $780,000], plus expenses, for his role in
backing the generic case against MMR. This money -
which is believed to have been augmented by yet
more, still undisclosed, for work on
individual children's records - was drawn against the
cash-limited UK legal aid fund, intended to help poor
people gain access to justice. During this
period, Wakefield and his wife built a house on land purchased adjacent to their
home, which was offered for sale in March 2007 priced
£2,950,000 [$5,677,550].
Like many biomedical
journals, the Lancet had strict rules [including uniform requirements for manuscripts] requiring
authors to report even potential conflicts of
interest. But neither the nature of the collaboration
with Barr, the money Wakefield received, nor the
manner of the children's recruitment, were disclosed
to the journal and its readers. Nor did Wakefield
reveal the true situation when repeatedly offered the
chance. In March 1998, for instance,
at a meeting convened by the UK Medical Research Council, he was asked where he got
the children. The minutes of the exchange accurately
reflect a full transcript, in Brian Deer's
confidential possession:
"Members
were interested in how the children had come to
be referred to the RFHMS team, as this had a
bearing on the issue of bias in the generation of
the case series. Mr Wakefield explained that
originally the parents of the children had come
to the group without any connection through any
other organisation. Latterly, following media
attention, parents had heard of the RFHMS group's
work either directly or through other
organisations. All patients who had been reviewed
to date had been referred by their general
practitioner or paediatrician by the standard
route."
In May 1998, two
months after this meeting, the Lancet published a
reader's letter speculating that lawyers were involved [pdf version]. Then, in April 2000,
Wakefield was asked at a US congressional committee, with reference to material
he'd presented, which included the
Lancet 12:
"Who
funded your study?"
And, in March 2001,
he was asked again at an Irish parliamentary committee to identify the source of his
finance. When Wakefield dodged the
question, a deputy pressed him:
"I
genuinely wanted to know who is funding the
research."
On any of these
occasions, Wakefield might have made the position
clear: that a lawyer employed him to
produce evidence against the vaccine.
Ethical
issues
The Sunday Times
investigation also revealed anomalies over the
project's institutional review. Under the terms of
the Declaration of Helsinki of June 1964 [with later
revisions], and other rules, such review is an essential
prerequisite to research on humans: aiming to protect
the rights of subjects, to prevent exploitation of
the vulnerable - especially children
and the mentally incapacitated - and
to ensure that the true facts [including sources of
funding and subjects] are independently approved as
ethical. The spur to the declaration were abuses by
Nazi doctors, exposed after the World War II. Other
20th century atrocities included the Tuskegee syphilis experiment, which saw infected black men
left untreated.
But after the Lancet
report was published, its claim that
investigations were approved by the Ethical
Practices Committee was questioned by a senior British doctor,
and denied both by the chair of the
Royal Free's ethics committee, and by the dean of its
medical school. In fact, the committee had challenged
Wakefield and Walker-Smith in 1996 over the purpose
of their investigations, which included a battery of hazardous, invasive
procedures of questionable clinical justification.
These procedures were set out in two protocol
documents describing the clinical and scientific
research to be undertaken, titled "A new
paediatric syndrome: enteritis and disintegrative
disorder following measles/rubella
vaccination". One of these documents
was a 20 page narrative, outlining the
proposed project. The other was an ethics committee
question-and-answer pro-forma of 11 pages, completed and signed by the
researchers.
After written and
verbal questions to Wakefield and Walker-Smith, the
ethics committee was led to believe that the
procedures to be undertaken - including general
anaesthesia, ileocolonoscopies, MRI brain scans,
EEGs, and even lumbar punctures - were merely routine
clinical evaluations, which would have been carried
out even if there had been no study. But, in fact,
they were part of the regime specified in the deal that Wakefield had reached
with Barr. Having been set out in a research protocol
and proforma [which, oddly, spoke of an alleged
"new syndrome" in advance of any research],
moreover, the procedures were determined before
children were even seen at the hospital, much less
had their individual histories, symptoms and signs
evaluated by appropriate doctors.
Years later, at the
General Medical Council hearing in 2007 and 2008,
Wakefield, Walker-Smith and Murch would claim under
oath that the investigations were all
clinically-indicated, with decisions to perform them
taken after the children were
examined at the hospital. But on 5 February 2004,
prior to the GMC's charges being laid, Brian Deer had
interviewed Murch, who, despite becoming agitated and
abusive during the interview, clearly recalled the
decisions to perform the procedures being taken
before, as part of a research exercise. By
agreement, the interview was recorded.
BRIAN DEER:
So up front somebody had a rubber stamp
that said theyll all have MRIs...
colonoscopies... et cetera.
SIMON MURCH:
Exactly.
Murch
added:
We
had meetings, and in our research planning
meetings we had all these referrals, and we felt
that they - having seen the few we had
taken histories from - they had had no
investigations. The doctors label
applied. One or two had been investigated
at the time, but this was, Okay, how are we
going to do this properly? And so
that was a prospectively-planned research to do a
defined number of children, just in terms of
assessing the limits of what we were
having.
He was in no doubt,
moreover, that the study was ethically
approved. Deer read him the ethical
statement in the Lancet - "Investigations
were approved by the Ethical Practices Committee of
the Royal Free Hospital NHS Trust, and parents gave
informed consent - and then continued.
BRIAN
DEER: Do you believe that to be true?
SIMON
MURCH: Yes.
BRIAN
DEER: You believe its true?
SIMON
MURCH: I do.
BRIAN
DEER: You believed it then, and you believe
it now?
SIMON
MURCH: Yes.
BRIAN
DEER: Investigations?
SIMON
MURCH: Yes. The ethical thing, that was
approved for those 12 children. We did not go on
doing lumbar punctures, and we havent done
that since. That was for that initial assessment
study. Yes, absolutely."
Weeks after this
interview, Simon Murch, on behalf of the Lancet
authors, Prof Humphrey Hodgson, on behalf of the Royal Free
and University College medical school, and Dr Richard Horton, on behalf of the Lancet, all
took the same stance, and issued formal statements
insisting that ethical approval was given for the
work published in the journal, according to the
protocol documents submitted in 1996, and extensively
discussed in 1997. Wakefield made the same
claim in a letter to The Sunday Times. But,
despite all these considered written assertions,
after the disciplinary charges were laid against them
by the GMC, Wakefield, Walker-Smith and Murch would change
their story, repudiate
their claims of 2004, and claim that no research
study was ever carried out on the children, and hence
no approval was required.
In fact, as documents
obtained during Deer's inquiries revealed, the
committee never approved any study
as described in the Lancet of February 1998. A comparison between the project submitted
to the committee - involving proposed research on 25
patients diagnosed with the very rare and serious childhood disintegrative
disorder [and
with what Walker-Smith told the committee was a
"hopeless prognosis"] - was quite different
to the eventual report on only 12 children afflicted
by vastly more common and disparate developmental
disorders, which couldn't responsibly be described as
"hopeless". These disorders not only
included autism, but [although not revealed as such
in the paper] also the "high-functioning",
non-regressive, Asperger's syndrome,
and even pathological demand avoidance.
Moreover, in a
stipulation commonly laid down by ethics committees,
the Royal Free's ruled that any children enrolled
into Wakefield's research prior to the completion of
ethical consideration in December 1996 [which was 7
of the 12 reported in the paper]
must be excluded from the study. Had this
ruling been heeded [which it wasn't], the apparent
results of the research would have been substantially
different to what was published:
embracing many children where a vaccine link was
implausible, or where there was manifestly no claim
of anything like the sudden onset of regressive
autism. Compliance would have torpedoed the 14-day
temporal link, and the health scare would have been
scuppered.
Dr Michael Pegg,
chair of the Royal Free's ethics committee, was
interviewed by Brian Deer in 2003. If somebody
tells me something, I have to believe them, he
said of the submissions made to him regarding the
Wakefield project. If what I am told is
not correct, that is a problem for others, the General
Medical Council and so on.
The unreliability of
the Lancet data was emphasised in 2005, when Deer
obtained a previous version, showing
that Wakefield had sexed-up his findings.
Side-by-side, the two texts report dramatically different results from the same records of the
same 12 subjects. One child's bowel, for instance,
moves from normal to abnormal
in a simple, manual alteration. The most striking
change, however, concerns the 14-day
time-frame, which morphs from one version to the
next. In a version circulated at the Royal Free
in August 1997, 14 days is cited as the average
time to the onset of "behavioural
symptoms", with the maximum time [range] stated
to be 56 days. In a second version, eventually published,
however, the 14-day time-frame survives, but now as
the maximum, with the reported
average just 6.3 days.
Parents - desperate
for answers, and understandably hoping for financial
help to care for their children - consented to
Wakefield's project. But, in some cases, their
children underwent distressing, painful tests, or
were even injured during futile procedures. For
instance, the mother of one of the Lancet 12 - a
7-year-old boy - said that her son was rushed by
emergency ambulance from his home to
the Royal Berkshire hospital after enduring lumbar
puncture under general anaesthetic at the Royal Free.
Later, during an
extension of the project into a larger number, a
second child, aged 5, was obliged to undergo
emergency transfer from the Royal Free to Great
Ormond Street hospital after his bowel was punctured
in 12 different places during a colonoscopy. In
December 2007, this boy was awarded £482,300 after
the High Court was told that he'd suffered multiple
organ failure, including kidney and liver problems,
and neurological injuries. In allegations denied by
the hospital, the boy's parents are reported to have
claimed that the colonoscopy - not involving
Wakefield - was "not clinically indicated or
justified", that they were not given proper
informed consent, and that the procedure was an "assault"
on their son.
Dispatches: MMR
- What they didn't tell you
After the initial
Sunday Times reports, published on 22 February 2004,
and followed by numerous others in the paper, the
UK's Channel 4 Television network asked Brian Deer to
continue his inquiries. These resulted in further
revelations in a prime-time Dispatches
documentary MMR: What they didn't tell you, broadcast on 18 November
2004, and described in the British Medical Journal as "one of the most
exciting examples of investigative television
journalism you will ever see".
The programme's
findings took The Sunday Times investigation into new
areas of inquiry. Instead of focusing on the legal
money and conflicts of interest, Deer probed other
aspects of Wakefield's agenda, and dug into the basis
of his science. Although Wakefield's
associates, business partners and collaborating
parents uniformly declined to co-operate with the
programme-makers, in no instance was any evidence
unearthed suggesting that his claims had merit.
At the press
conference on 26 February 1998, called to launch the
Lancet paper, Wakefield had urged parents to boycott
MMR in favour of single shots against measles, mumps
and rubella, separated by gaps of one year.
"It's a moral issue for me," he said.
"I can't support the continued use of these
three vaccines, given in combination, until this
issue has been resolved."
Although Wakefield
had performed no clinical research upon which to
credibly base such a recommendation, this attack on
MMR had been orchestrated through a 20-minute video news release, prepared weeks in advance
and issued to journalists by the Royal Free
hospital's press office. In this video, which doctors
knew was likely to cause public alarm, and
damage to immunisation rates, Wakefield four times
claimed that single shots were likely to be safer
than MMR, which he said should be withdrawn
by the government.
In the videotape,
which the Royal Free refused to
release to Channel 4, but which Deer's team obtained
nevertheless, Wakefield said:
"There
is sufficient anxiety in my own mind of the
safety, the long term safety of the polyvalent -
that is the MMR vaccination in combination - that
I think that it should be suspended in favour of
the single vaccines, that is continued use of the
individual measles, mumps and rubella
components."
In a patent
application [GB2325856], filed less than
four months later, and also revealed by Deer,
Wakefield spelt out his claim that MMR caused autism,
which he named "regressive behavioural
disease" [RBD]:
"It
has now also been shown that use of the MMR
vaccine (which is taken to include live
attenuated measles vaccine virus, measles virus,
mumps vaccine virus and rubella vaccine virus,
and wild strains of the aforementioned viruses)
results in ileal lymphoid hyperplasia, chronic
colitis and pervasive developmental disorder
including autism (RBD), in some infants. Before
vaccination the infants were shown to have a
normal development pattern but often within days
of receiving the vaccination some infants can
begin to noticeably regress over time leading to
a clinical diagnosis of autism."
But his call and this
claim [maintained and restated by Wakefield in
identical terms in an issued United States patent dated March 2003] had no
scientific basis. He would later be accused of making
them up. And as Wakefield would later admit during an
interview for an online presentation by London's Science Museum, he didn't know
himself how to justify them. In a text, submitted for
his approval before being posted on the web in June
2003, museum staff asked about his call for single
vaccines. "What's his reasoning?" they
asked.
He said:
"It's
purely empirical - we have no idea. It's the
public health people's job to look into
that."
Wakefield's call in
1998, however, had created the false impression that
it was backed by the "findings" in The
Lancet of 28 February. And it fitted Barr's strategy
for pursuing the litigation - which was rooted in UK
consumer legislation, focused specifically on
combined vaccine products. As a confidential
Barr newsletter, sent to the lawyer's
clients, explained in May 1997:
"If the
MMR vaccines are withdrawn, then that of course
will be a great leap forward for the cases."
Wakefield worked for
Barr, but there was an even greater self-interest
than the enormous fees he claimed from the lawsuit.
Unknown to the public prior to the Dispatches
investigation, nearly nine months before the press
conference, Wakefield and the Royal Free medical
school had filed the first in a string of patent applications for extraordinary products
which could only have stood any chance of success if
MMR's reputation was damaged. These included,
firstly, a single vaccine against
measles - a potential competitor to
MMR - and, secondly, purported remedies, perhaps even
what Wakefield bizarrely called a "complete cure", for both inflammatory
bowel disease and autism.
One example of
Wakefield's claims was found in a document filed with the London patent
office on 6 June 1997, but not known
about prior to Deer's programme:
"I have
now discovered a combined vaccine/therapeutic
agent which is not only most probably safer to
administer to neonates and others by way of
vaccination, but which also can be used to treat
IBD whether as a complete cure or to alleviate
symptoms."
In the issued United
States patent of 2003 [US 6,534,259
B1], Wakefield went further, claiming not only the
vaccine and a product for treating bowel disease, but
also that the product would treat autism, which he
called "regressive behavioural disease" or
"disorder":
"I have
now discovered a combined vaccine/therapeutic
agent which is not only most probably safer to
administer to children and others by way of
vaccination/immunisation, but which also can be
used to treat IBD and RBD whether as a complete
cure or to alleviate symptoms."
These commercial
interests - which Wakefield privately bragged would
make millions - were based on a fringe technology, devised by a disgraced
American doctor, Hugh Fudenberg, who made bizarre claims when
interviewed by Brian Deer in Spartanburg, South
Carolina. Fudenberg said that he treated autistic
children using a powdered "transfer factor"
remedy, which he explained that he rolled out in a
sheet, three molecules deep, "like pasta",
on his kitchen table. The broadcast portions of the
interview were strange enough, as the following
exchange reveals:
BRIAN DEER:
"Now using this technology, do you believe
that autism can be cured?"
HUGH
FUDENBERG: "Yes."
BRIAN DEER:
"Cured?"
HUGH
FUDENBERG: "Yes... It's cheap, it's oral. No
injections. One pill a day, every other day for
three, six, months."
BRIAN DEER:
"And where does that come from?"
HUGH
FUDENBERG: "From my bone marrow."
BRIAN DEER:
"From your own personal bone marrow?"
HUGH
FUDENBERG: "Yeah."
Despite such oddities
in Wakefield's scientific collaborations - including
joint patents with Fudenberg for rights over possible
miracle cures for autism - the former gut surgeon
started his own private company,
Immunospecifics Ltd [intended to be a
subsidiary of another company, to be called Carmel
Ltd, after his wife, Dr Carmel O'Donovan], involving
collaborators John O'Leary, Robert Sleat, and Roy Pounder. This was intended to make a
fortune from "diagnostic kits" to be sold
off the back of the self-same litigation that he was
promoting. Had these fantastic ambitions been known
about before Deer's programme, Wakefield's then
six-year-old crusade against MMR would surely have
been interpreted differently.
And what of the
integrity of Wakefield's scientific discoveries?
These, too, were investigated for Channel 4. His
theory, invoked to justify what would become a
sustained worldwide campaign against the vaccine, was
based on an unsubstantiated claim that the ultimate
culprit - both for inflammatory bowel disease and the
children's autism - was measles virus
in MMR. Wakefield led parents to believe that it was this
virus, purported to persist in the gut, which caused
the damage that could lead to autism. He then joined
fringe US-based businesses, such as the International Child
Development Resource Center & Good News Doctor
Foundation,
in Florida, which sold expensive, unproven
products, and unusual medical services,
purporting to offer children relief.
Yet, as he'd sat at
the London press conference in 1998 and triggered the
public panic, Wakefield knew that his own laboratory
at the Royal Free had used sophisticated molecular
technologies [RT-PCR and NASBA] to test the children
whose cases he presented in the Lancet as evidence of
his claims. Those tests, which were executed under
his personal supervision, but, yet again, never
reported before Brian Deer's investigation, found no
trace of measles virus [or mumps and rubella
viruses] in any of the children
involved.
This information was
confirmed by Dr Nicholas Chadwick,
who was Wakefield's personal research assistant, and
who tested samples taken from the children. Chadwick
would later give evidence in US court hearings, but spoke for the first time
publicly on the subject to Deer.
BRIAN DEER:
"And are these children the same children
that went on to be published in the Lancet,
leading to the MMR scare?"
NICHOLAS
CHADWICK: "Yes, that's right."
BRIAN DEER:
"Did you find measles virus in those
children?"
NICHOLAS
CHADWICK: "No. No single case did I find any
measles virus in those children."
BRIAN DEER:
"You looked at some cerebro-spinal
fluid."
NICHOLAS
CHADWICK: "That's right."
BRIAN DEER:
"By lumbar puncture. Did you find any
measles virus in those?"
NICHOLAS
CHADWICK: "No."
BRIAN DEER:
"So you found no measles virus in the
children who were presented to the public at the
very foundation of the MMR scare, where Dr
Wakefield's theory was that it was measles virus
itself that was responsible for a bowel disease,
and then leading on to some kinds of autism, and
you found no measles virus."
NICHOLAS
CHADWICK: "That's correct."
Andrew
Wakefield's responses
Wakefield left his
employment at the medical school in late 2001,
and today continues to sponge off of the scare he
manufactured: soaking $280,000 a
year [despite holding no license to practise
medicine, and publishing no original research in half
a decade] running a Texas-based colonoscopy business
called Thoughtful House - employing, among others,
endoscopist Arthur Krigsman and assistant Carol Stott. He spends much of his time
travelling the United States, enjoying a luxury
lifestyle, misleading parents and drawing new
customers to his business by alleging a
vaccine-caused epidemic of autism.
From the outset of
Brian Deer's inquiries, Wakefield refused to
co-operate, declining through his publicist Abel Hadden multiple requests for
interviews. He ignored, or rejected through lawyers,
written invitations to address the matters to be
raised in the television documentary. And when
approached by Deer and a film crew at an autism
conference in Indianapolis, in October 2004,
Wakefield attacked the camera and fled.
Nevertheless, either
directly or through lawyers, Wakefield has denied
misconduct, and claimed to have acted properly at all
times. His wife, Carmel O'Donovan, has given
supportive interviews to newspapers involved in
backing his campaign, while litigant-parents and
anti-MMR campaigners working with him have issued press notices denying that
he was ever paid by Barr for research. American
fringe anti-vaccine autism organisations, such as the
Autism Research Institute [which for many years has
published evidence that almost anything will be accepted as a remedy
for autism] and Generation Rescue, meanwhile, have continued to
claim that the 1998 Lancet paper is pivotal evidence
of a risk from MMR to children. The latter
organisation claimed in a 2009 report aimed at
parents and others:
"This study
demonstrates that the MMR vaccine triggered
autistic behaviors and inflammatory bowel disease
in autistic children."
In April 2004,
Wakefield, with others, claimed that he had properly declared
his legal funding in a 1998 letter to the Lancet: a claim rejected by the Lancet. Wakefield said
that he had donated his income from the
litigation to charity. More statements by Wakefield,
and other material concerning his responses, can be
found through an index page at this website.
"There was no
legal aid funding for this... nor were any of the 12
children in receipt of legal aid certificates,"
he said in one response to The Sunday Times,
referring to the Lancet research. "Subsequent to
the start of the investigation of the relevant
children, I was separately commissioned through
Richard Barr to undertake quite separate virological
studies on 10 children."
In response to Brian
Deer's first Sunday Times reports, Wakefield claimed in formal statements that the
legal contract and payments were for a scientific
study "quite separate" to
the research published in the Lancet, although no
such study was ever produced. In response to the
Dispatches programme, Wakefield, again in a formal
statement, denied that he ever planned a
vaccine, which he said was only included in patent
applications as "an afterthought".
But following these claims - taken up worldwide by
his supporters in attacks on Deer's integrity - fresh
documents came to light on both the contract and the vaccine.
In December 2005,
Wakefield's lawyers said in a letter that, contrary to popular
opinion, he was not the cause of the
MMR scare, but that his hypothesis of a
possible link between MMR and autism was but one
episode in a much longer public health debate about
vaccine safety. His participation in this
debate, they said, was conscientious,
reasonable and responsible for a research doctor in
his position.
The letter said that
his work on MMR, and his connections with the lawyers
Dawbarns and the Legal Aid Board
[now the Legal Services Commission], were well
known both in the general media and amongst his
colleagues from an early stage.
In an "open
letter" by Wakefield and others, published in
June 2006 by a tiny rightwing US fringe group
called the Association of American Physicians and
Surgeons, he claimed that:
"Every
aspect of the original 1998 report of the first
12 children with this disorder has been endorsed
by independent research."
One of the
signatories to this letter was a London GP, Richard Halvorsen. He was also hired by Barr,
and was one of a small number of undistinguished
doctors who cashed-in on the alarm Wakefield created.
Halvorsen - now running his business out of Harley
Street - sold parents single vaccines, of no
established worth over the free MMR, with prices
given by his business in 2007 as £335 for a course
of three shots, without any consultation. In December
2004, another such GP, David Pugh, was jailed for forging
test results suggesting that children were protected.
Particularly through
his campaigning in the United States, Wakefield has
also won new supporters, including, for example, one
epidemiologist who in November 2007 wrote of the
Lancet research:
"The
paper is actually excellent - a superb case study
that will join the ranks of other famous case
studies, such as the link between rubella
infection and congenital rubella syndrome (Gregg
1941) and between exposure to thalidomide and
embryopathy (McBride 1956)... The paper, once
understood in this light, as case series
analysis, is truly remarkable, well written and
brilliantly documented."
In statements issued
in February 2004, Walker-Smith and Murch also denied
misconduct: a stance they have subsequently restated.
Following Deer's
February 2009 revelations about the Lancet paper,
Wakefield issued a lengthy statement, accusing Deer of
"ignoring any information contradictory of his
premise," and again denying every aspect
of the investigation. "The notion that
any researcher can cook such data in any fashion that
can be slipped past the medical community for his
personal benefit is patent nonsense," he said.
"Scientific rigor requires repeatability for
verification of any research and Mr Deer's
implications of fraud against me are claims that a
trained physician and researcher of good standing had
suddenly decided he was going to fake data for his
own enrichment."
Andrew
Wakefield v Channel 4, Twenty Twenty Productions
& Brian Deer
Brian Deer wasn't the
first to try to get to the bottom of Wakefield's
extraordinary activities. But, as doctors, including
those at the UK's department of health, challenged
him to substantiate his allegations, he threatened
his critics with complaints. In March 2002, for
instance, he formally complained to the GMC, alleging
serious professional misconduct,
over a senior Royal Free consultant who in December
1997 had told a paediatrician:
"There
is a zealot surgeon in our adult gastroenterology
department who thinks that MMR is the cause of
all the problems of the Western world".
Wakefield even
threatened to report the government's chief medical
officer, Sir Liam Donaldson, to the
GMC for having sought from the hospital, in February
2002, a file of ethics committee papers [that Brian
Deer eventually obtained]. Wakefield wrote:
"It has
come to my attention that you have sought details
of our studies from the ethical practices
committee of the Royal Free NHS trust. I infer
from this that faced with an increasingly
compelling scientific case against the MMR
vaccine you are seeking to discredit the
scientists involved. Your attempts to interfere
in the scientific process are unacceptable. Not
only do you have no right whatsoever to this
information without permission, but also your
action has had an indirect but nonetheless
profound effect upon our ability to help these
desperately ill children. I am seeking advice
prior to taking this issue up with the General
Medical Council."
These kind of
harrying attacks weren't only aimed at doctors.
Wakefield also mounted onslaughts against journalists.
Brian Deer, of course, was repeatedly targeted,
beginning with a typically-worded threat. "If
you decide to publish, in spite of our conversations
and all of the written material I have let you have
over the last two days," Wakefield blustered to
the legal manager of Times Newspapers Ltd, on 14
February 2004, "you will leave me no recourse
other than to pursue you through the courts, in order
to protect my reputation."
The most striking
early incident, however, was a purported grievance
lodged with the [former] Broadcasting Standards
Commission over an ITV-1 "Big Story" programme, titled
"A difficult decision". This was
transmitted on 3 October 1996 - more than a year
before the Lancet paper - and offered balanced
coverage of Wakefield's claims at that time that
vaccines against measles caused Crohn's disease.
However, not only was Wakefield's complaint rejected
by the commission [which described the programme as
"a responsible investigation into a matter of
considerable public interest"], but only six
months after a hearing which adjudicated on the
matter, Wakefield admitted at a private meeting that
his own data on Crohn's disease suggested that it
wasn't caused by measles at all.
Wakefield also
revealed a penchant for threatening to sue others who
challenged his conduct. Following Brian Deer's first
Sunday Times reports - and before the extraordinary
sums Wakefield pocketed from the MMR scare were
unearthed - Wakefield instructed libel lawyers Peter
Carter Ruck & Partners [on a contingency fee
arrangement] to threaten both The Sunday Times and the
Lancet, falsely suggesting that he'd properly
disclosed his relationship with Barr's lawsuit. Both
publications, however, rejected his
complaint, and Carter-Ruck wasn't heard from again.
Later, in June 2005,
Wakefield's then-solicitor, Simon Dinnick of the
Medical Protection Society's lawyers Radcliffes
LeBrasseur, was instructed to threaten the Cambridge
Evening News, an English regional newspaper,
which had reported on an aspect of the dispute. Among other
things, Dinnick said that the newspaper's report
alleged that the purpose of the research money from
Barr "was to establish a positive link"
between MMR and autism "thus suggesting a
predetermined outcome and a lack of
objectivity". Demanding an apology and a payment
[which he successfully extracted from the
poorly-advised little newspaper], Dinnick concluded
on his client's behalf:
"There
could hardly be a more serious allegation against
a research gastroenterologist."
Ironically, the paper
was too timid: Barr had hired Wakefield for precisely
this purpose. But in this threat - and others circulated at the time -
Wakefield blustered that he was suing
for libel The Sunday Times, Channel 4 and Brian Deer,
publisher of this website. He even went as far as
having claim forms issued at the High Court office in
London. But this, he'd later realize, was a big
mistake, that some observers think sealed his fate.
Channel 4 - Britain's independent public service
network - had the resources to defend itself, and was
determined to stand up to his threats. Within weeks,
Wakefield's lawyers were trying to freeze the action,
pleading for "protection from the
Court" in the face of the mounting
costs of his ploy. But, despite fielding a QC,
Desmond Browne, and a full supporting team, Wakefield
lost at every hearing. And in December 2005, he was ordered by a senior judge, Mr Justice
Eady, to serve the necessary papers on the
defendants: to "put up or shut up," as
Channel 4's leading counsel, Adrienne Page QC, [supported by Matthew Nicklin] expressed it.
Endorsing Channel 4's
position, the judge handed down comments on
Wakefield's behaviour that must surely have proved
unwelcome. Bluntly accusing him of using legal moves
"as a weapon in his attempts to close down
discussion and debate over an important public
issue," Eady said, in the first of three
judgments on the case - [1] [2] [3] - that he was satisfied "that
the claimant wished to extract whatever advantage he
could from the existence of the proceedings while not
wishing to progress them or to give the defendants an
opportunity of meeting the claims."
Many documents were
exchanged during this heavy litigation, as is
required by the UK's civil procedure rules. But the
defendants were surprised by Wakefield's paltry
disclosures, which were backed by signed statements
of truth. If these statements were correct, then
Wakefield - architect, with Barr, of a worldwide
crisis over the safety of a children's vaccine -
possessed almost no data to support
his allegations, and had destroyed
vital records of purported findings. Despite the
earlier claim by Wakefield that the legal money went
into a "quite separate" study to that
published in the Lancet, moreover, no such
study was ever produced, despite two years
of litigation. Indeed, the relevant materials
Wakefield appeared to have accumulated during his
campaign were, by reference to his legal submissions,
less extensive than Brian Deer's journalism. So
striking were the omissions - particularly regarding
alleged virological studies - that the defendants
were prepared to apply to the court, challenging
Wakefield's statements of truth.
What Brian Deer's
Dispatches programme had said was agreed by both sides in
the libel litigation to have been very serious
indeed. They went to "the heart" of
Wakefield's "honesty and professional
integrity", as Eady put it in the first of his
judgments. Among the many serious charges the
defendants admitted Deer's
investigation levelled against Wakefield - and which
one must assume he denies - was that he:
"knew or
ought to have known that there was absolutely no
scientific basis at all for his belief that MMR
should be broken up into single vaccines."
And that he:
"acted
dishonestly and irresponsibly, by repeatedly
failing to disclose conflicts of interest and/or
material information, including his association
with contemplated litigation against the
manufacturers of MMR and his application for a
patent for a vaccine."
And that
he:
"caused
medical colleagues serious unease by carrying out
research tests on vulnerable children outside the
terms or in breach of the permission given by an
ethics committee, in particular by subjecting
those children to highly invasive and sometimes
distressing clinical procedures and thereby
abusing them."
Indeed, Channel 4 and
its co-defendants went further, confirming in
court papers that they accused the former surgeon of
having been:
"unremittingly
evasive and dishonest in an effort to cover up
his wrong-doing."
On 2 January 2007,
however, following court orders compelling Wakefield
to turn over to the defendants a mass of documents
supplied to him by the GMC - and just two
days after the £435,643 the Legal Services Commission
says he pocketed from his attack on MMR was exposed
by Deer in The Sunday Times - he abruptly abandoned his libel claim, and, as
reported by the Press Association, agreed to pay the
broadcaster's costs, estimated at about £500,000
[$1,000,000].
Three weeks later, he
abandoned a second, near-identical, action
against this website, and a third, against Times Newspapers Ltd. He
would argue, through his lawyers, that this was to
allow him to concentrate on preparing for the hearing
of the General Medical Council, to begin in July
2007, at which he faced charges of serious
professional misconduct. But there was considerable
overlap between the issues, and Sunday Times lawsuit,
for example, had already been stayed by the court, and was
inactive until after that hearing.
Finally, in what must
have felt like a humiliating climbdown, in February
2007, Wakefield, through Radcliffes LeBrasseur, paid compensation to Brian Deer for the costs
of defending this website.
General
Medical Council hearing
The trigger
to the GMC's investigation of Wakefield was the
outcome of a five-hour meeting between Brian Deer and
Richard Horton, editor of the Lancet, on 18
February 2004, at the journal's London offices.
Horton was accompanied by five of his senior editors,
and also attending was Dr Evan Harris, Lib Dem MP for
Oxford West and Abingdon, a specialist in medical
ethics. At this meeting, Deer reported on the
findings of his investigation at that time, including
the involvement of anti-MMR groups and lawyers in the
research, and Wakefield's funding by Barr. Deer also
produced evidence that the ethical statement in the
paper of February 1998 was false, and presented baffling tables which suggested that the case
series reported by Wakefield had in some way been
rigged.
Only two days
after this meeting, and prior to Brian Deer's first
Sunday Times reports published on 22 February, the
Lancet issued a press-released statement [read full-text pdf of statements issued by the
Lancet],
denying much of what Deer had told Horton, but
accepting that Wakefield's deal with Barr was an
undeclared conflict of interest. In its statement,
the Lancet summarised what it said were Deer's
allegations - all of which have
since been proven to be true - as follows:
1. That,
contrary to a statement in the Lancet paper,
ethics approval for the investigations conducted
on the children reported in the study, some of
them highly invasive (eg, lumbar puncture), had
not been given.
2. That the
study reported in The Lancet was completed under
the cover of ethics approval for an entirely
different study of 25 children with "A new
paediatric syndrome: enteritis and disintegrative
disorder following measles/rubella
vaccination".
3. That,
contrary to the statement in the Lancet paper
that children were "consecutively referred
to the department of paediatric
gastroenterology" at the Royal Free Hospital
and School of Medicine, children were invited to
participate in the study by Dr Andrew Wakefield
and Professor John Walker-Smith, thus biasing the
selection of children in favour of families
reporting an association between their child's
illness and the MMR vaccine.
4. That the
children who were reported in the Lancet study
were also part of a Legal Aid Board funded pilot
project, led by Dr Wakefield-a pilot project with
the aim of investigating the grounds for pursuing
a multi-party legal action on behalf of parents
of allegedly vaccine-damaged children, the
existence of which was not disclosed to the
editors of The Lancet.
5. That the
results eventually reported in the 1998 Lancet
paper were passed to lawyers and used to justify
the multi-party legal action prior to
publication, a fact that was not disclosed to the
editors of The Lancet.
6. That Dr
Wakefield received £55 000 from the Legal Aid
Board to conduct this pilot project and that,
since there was a substantial overlap of children
in both the Legal Aid Board funded pilot project
and the Lancet paper, this was a financial
conflict of interest that should have been
declared to the editors and his co-authors and
was not.
That Friday evening,
after defending, and even glorifying, Wakefield's work for six
years, the Lancet now declared the 1998 paper to be "fatally
flawed". As the editor, Richard Horton,
told the BBC:
"In my
view, if we had known the conflict of interest Dr
Wakefield had in this work I think that would
have strongly affected the peer reviewers about
the credibility of this work and in my judgment
it would have been rejected."
As uproar greeted Deer's revelations, Tony Blair, the prime minister, called
for renewed support for the vaccine. "There's
absolutely no evidence to support this link between
MMR and autism," he said. "I hope, now that
people see that the situation is somewhat different
to what they were led to believe, they will have the
triple jab because it is important to do it."
The following month,
by a majority of 10 to 3,
the Lancet paper's authors, including Walker-Smith
and Murch, further vindicated the
public interest in Deer's investigation, by retracting the finding of a possible
MMR-autism link, set out in the paper's
"interpretation" section. They wrote to the
Lancet, in a statement published on 6 March 2004 [pdf of retraction]:
"We wish
to make it clear that in this paper no causal
link was established between MMR vaccine and
autism as the data were insufficient. However,
the possibility of such a link was raised and
consequent events have had major implications for
public health. In view of this, we consider now
is the appropriate time that we should together
formally retract the interpretation placed upon
these findings in the paper, according to
precedent."
[For the
retracted "interpretation" text, check
the opening abstract of the Lancet paper] [Wakefield's
disingenuous reply to the retraction is here]
Five days after the
meeting between Brian Deer and Richard Horton, and
immediately upon publication of Deer's first report,
the GMC announced its own investigation into the affair. The sequence
of events was that, after Horton's statement of
Friday 20 February 2004, the following day the
government's then-health secretary, John Reid, called for a GMC
investigation, and on Monday 23 February, the GMC
approached Deer, referring to his Sunday Times
reports, and asked if, in the public interest,
he would pass them his findings. Later, the GMC's
retained lawyers at the London firm of Field Fisher
Waterhouse [FFW] requested Deer to supply his
research materials - including pivotal documents. As the GMC makes clear,
however, Deer is not the complainant in the case - which was
brought on the council's own initiative, following
its satisfaction that Deer's findings were accurate -
and his information has been compounded with
submissions, including complaints, from dozens of
other sources, including parents directly involved.
Although Wakefield
and his wife would later pretend
that the GMC's case against him was merely based on
allegations by a journalist, at Wakefield's
disciplinary hearing, Sally Smith QC, for the GMC,
explained that the case was the regulator's and not
Deer's, and told the panel how it came about.
"And that, you heard, was through an
investigative journalist, Mr Deer, who made
allegations in 2004 to Dr Horton, the editor of the
Lancet, and in addition he wrote a lengthy article in
The Sunday Times," she said on 16 March 2009.
"Subsequently, the General Medical Council
investigated what you also know is the complex
background to the case. And I should remind you that
the prosecution has been brought solely on the
instructions of the General Medical Council. Mr Deer
is not the complainant."
The position was
further clarified in May 2009, when Dr Rita
Pal, a doctor interested in GMC matters,
unconnected with Deer, published details she had
obtained under the freedom of information act.
"I can confirm that, in response to widespread
public interest in the MMR issue, we instructed our
solicitors to investigate further," a GMC
official explained, stating that, since 1993, 575
inquiries had been opened in reaction to press
reports. "This in turn led to action under our
fitness to practise procedures. It has always been
the case that the GMC has been able to act on
information that raises a fitness to practise issue.
This has not been restricted to the receipt of a
complaint from an individual."
Ironically, before
the GMC even announced its intention to investigate -
and, indeed before Deer's first report - Wakefield,
who had huddled with Horton shortly after the meeting
with Deer, declared that he supported
such a development. It has been proposed that
my role in this matter be investigated by the General
Medical Council, he said in a statement, responding to health
secretary Reid's call. I not only welcome this,
I insist on it, and I will be making contact with the
GMC personally, in the forthcoming week." But
despite his insistence, he offered the UK medical
profession's regulatory body little cooperation: a
stance he retained for the next three years as FFW
acceded to his public demand, and collected
statements and documents from doctors, parents,
scientists and other sources, sometimes relying on
the GMC's statutory powers laid down in the 1983
medical act.
In December
2006, following an examination of only some
aspects of Wakefield's conduct [excluding, in
particular, his activities with regard to Crohn's
disease and his alleged identification of measles
virus, which were matters judged to be
disproportionately time-consuming to prove to the
required standard], a raft of charges were laid against him. In
doing so, the GMC accepted the truth
of Deer's journalism, and framed what were now it's
own allegations: to be put to a fitness to practise
panel to determine whether the doctors were guilty of
serious professional misconduct. The GMC's case
embraces allegations of research and financial
misconduct; of exploiting autistic children with
high-risk medical procedures without clinical
necessity, ethical approval or contractual
permissions; of buying blood from children at a birthday
party [hear Wakefield audio mp3]; of misleading a panel of
the Medical Research Council; and of failing to
disclose financial and commercial conflicts of
interest, notably his contract with Barr and his
patent for a single vaccine.
Despite false
stories, placed by Wakefield's by-now dramatically
shrunken band of supporters, suggesting that the GMC
was uncertain over whether the case would proceed,
the scheduled disciplinary hearing began in London on 16
July 2007, before
a two-lay and three-medical member panel, chaired by
Dr Surendra Kumar, a general practitioner
and president of the British International Doctors
Association. Other panelists are Sylvia Dean, a
member of the Employment Tribunal, Wendy Golding,
chair of the London borough of Southwark Housing
Tribunal, Dr Parimala Moodley, a member of the
council of the Royal College of Psychiatrists, and Dr
Stephen Webster, a retired consultant geriatrician.
As the hearing has
progressed, the panel has been presented with an
unprecedented analysis, not only of what Wakefield,
Walker-Smith and Murch did at the Royal Free between
1996 and 1998, but also the extraordinary manner of
the children's treatment. Although full details of
the proceedings will be withheld until after their
expected completion in August 2009,
the prosecution case amounts to allegations that
uniquely vulnerable, developmentally
disordered children - most of whom, the GMC says, had
no reason to be brought to London and admitted to the
hospital's paediatric bowel unit at all - were
systematically exploited in a speculative and
unethical fishing expedition, masterminded by
Wakefield. Pursuant to his theories over Crohn's
disease, this venture was intended to find measles
virus in their guts and spines, and other symptoms or
signs which could be invoked in Barr's litigation.
Although, amazingly,
Wakefield had never [and has never] had
legal care of a patient at any time in his career -
and his Royal Free contract explicitly prohibited any
clinical responsibilities - it was heard in evidence
that he would telephone parents at their homes and,
speaking with the apparent authority of a hospital
consultant, lead them to think that their children -
who he'd never seen - may suffer from a serious
inflammatory bowel disease. Understandably, these
parents were wracked with worry by these calls, and
became anxious for their children to undergo
Wakefield's investigations. One mother's GP was even
advised that one of her sons might have a fatal
degenerative brain disease, on the grounds that the
boy had headaches.
"Parents may be
so overcome by the nature of their child's disorder
that it's difficult for them to retain some
objectivity," Professor Ian Booth,
a consultant paediatric gastroenterologist and dean
of the Birmingham university medical school, said in
evidence for the GMC. "They had clearly not been
able to satisfy themselves about the cause of their
child's symptoms previously. And they'd, I think,
been put in a very vulnerable position."
Also giving evidence
for the GMC, the mother of
one child enrolled in Wakefield's Lancet project told
the hearing that she had first been persuaded of a
possible link between the vaccine and autism "in
hindsight" by another of the parents. She had
then contacted Wakefield directly, and at the same
time - again on the parent's advice - registered as a
client of Barr's. "It was like a jigsaw puzzle
that seemed to fit into place," she explained,
adding that she understood Wakefield's activities to
have been "a research programme" and that
Barr was "trying to really put a stop to the MMR
vaccine being used".
Curiosities at the
mammoth hearing have included Wakefield's decision
during the first session to put no questions to Dr
David Salisbury, a GMC witness from the government's
department of health, and at the second session - in
April 2008 - to produce no witnesses to corroborate
his own account. But, during five weeks of
examination and cross-examination, he rejected all of
the GMC's charges. Among other points, he denied
dishonesty, and said that all of his work was
executed in good faith. He said that
children admitted for the research published in the
Lancet were seen purely by clinical need, and claimed
that the "pilot study" he carried out for
Barr was begun after the Lancet research was
completed. He presented evidence that he said
suggested that the editor of the Lancet should have
been aware of a connection with Barr before the
journal published the paper. He also said that others
at both the Royal Free hospital and medical school
were aware of his relationship with the lawyer. With
regard to an allegation that he had bought blood from
children at a birthday party, Wakefield said that his
videotaped recollection of this event, in which he
publicly joked about the children crying, fainting
and vomiting, was largely made-up, for which he
expressed regret.
Wakefield said that
he'd failed to notify the ethics committee of his
contract with Barr because he'd filled-in his
application to the committee before the legal money
was authorised, signed the document afterwards, but
failed to re-read it and make the necessary
amendment. He denied that he had any
further responsibility in this respect, or that he'd
a "duty to ensure" that the committee was
given accurate information. Asked about the conflict
of interest between his employment by Barr and his
publicly-adopted role as an apparent independent
researcher, Wakefield said: "I didn't realize
that it would cause the concern it did, because I
didn't understand the basis of the concerns."
Under
cross-examination, Wakefield praised
the lawyer who, two years before the Lancet paper was
published - we now know - had hired him to attack the
vaccine. "What struck me when I met Richard Barr
and Kirsten Limb was that they had a deep knowledge
of the subject, and they were motivated very much by
their genuine concern for the children," he
said. "They were not in any shape, manner or
form ambulance chasers."
Second to give
defence evidence was Prof John Walker-Smith,
who in almost five weeks of testimony in July and
August 2008 also denied misconduct. He argued that he
only saw children by clinical need, and he defended
all tests and investigations as having been performed
on clinical, not research, grounds. He said he didn't
know that Wakefield's employment contract forbade
clinical involvement, and that he didn't know about
either Wakefield's private company Immunospecifics
Ltd or Wakefield's measles vaccine patent. He also
denied knowing that parents were litigants: either
when they came to the hospital or when the Lancet
paper was published. Shown documents in which
litigation matters were raised with him at the time -
such as a letter from Wakefield telling him that
Legal Aid Board money was available to pay for a
child's admission to the hospital - he said he didn't
then recognise the significance. "I had no real
knowledge of what the Legal Aid Board was," he
told the hearing. "I did have some anecdotal
knowledge of lawyers being involved with particular
children, but no more than that."
Walker-Smith was
asked by his counsel, Stephen Miller QC, when he was
first aware of the sums of money involved. "I
had a late evening telephone call from the
investigative journalist Brian Deer at my home - a
rather disturbing telephone call," he replied,
referring to a conversation in December 2003.
"And in the course of that telephone call I
think he mentioned the sum of £55,000 being
allocated to Andy Wakefield. I was quite unaware of
that, and I was quite shocked to hear that."
He said the Lancet
paper provided no evidence that MMR caused autism,
and blamed the Royal Free's press conference and what
he called "the media" for leading people to
think it did. All of his grandchildren had been
vaccinated with the triple shot, he said.
Notwithstanding the formal statements by himself and
his co-defendants in 2004 to the contrary, he now denied
that the 12 children reported in the paper were
investigated under the ethics committee application,
and claimed that the research project for which
approval was sought in 1996 was never carried out. He
denied that he'd a "duty to
ensure" that the paper was "true and
accurate", and said that he had
"trusted" Wakefield to ensure that it was
correct. He told the hearing: "I don't know what
the term 'senior author' means", and with regard
to the statement in the Lancet saying that
investigations had been approved by the Royal Free's
ethics committee, he said that he had no
"input" to that statement. Questioned by
Miller, he confirmed his support for the retraction
of March 2004, which he said was brought about by the
"new information" which had come to light.
Walker-Smith's
evidence, as Wakefield's had done before him,
provoked a number of sharp
exchanges. "I'm afraid I have to suggest to you
that you are making it up as you go along," said
Sally Smith QC, cross-examining for the GMC, on 5
August, with regard to the retired professor's
account of the ethical issues.
He replied:
"That is completely untrue, Ms Smith."
In his evidence,
given in January 2009, Murch also denied misconduct,
arguing that, despite a mass of documentation
referring to research, the children were seen purely
on clinical grounds. Shown his formal statement of February 2004, published
by the Lancet and taken up by anti-vaccine
campaigners, in which he claimed that the children
were seen under a protocol approved by the ethics
committee, he now repudiated that
statement as "incorrect in most respects",
and said that none of the children were seen under
this protocol. The ethical statement in the Lancet
was thus confirmed as inaccurate, as Deer had alleged
in 2004. During the hearing, Murch became insulting
towards Deer, as he had been during a recorded
interview in 2004.
Although the GMC's
lawyers sourced or re-sourced their evidence
independently of Brian Deer's investigations, much of
the hearing has followed the same lines as material
published at this website. Due to protections
afforded uniquely to doctors,
however, the hearing has proved tough - and expensive
- going. Although the rules have recently changed,
not only is this GMC case required to be proven to
the standard of criminal trials, rather than to the
civil standard in disciplinary hearings in all other
occupations [including the police], but, under the
governing 1983 medical act, the GMC has no powers to
compel those facing charges to volunteer information,
or even to supply a statement of their case. This
contrasts with civil court hearings [as Wakefield's
disastrous libel adventure demonstrated] where
parties are ordered to save time and money by sharing
information and by narrowing the areas of dispute.
And while, in tackling crime, the police might kick
down a suspect's front door, seize their records and
warn them that it may harm their defence if they fail
to mention something which they later rely on in
court, in GMC cases the accused can stand mute behind
a wall of non-cooperation: vastly increasing the
mountain of effort the prosecution is forced to
scale. Thus, the doctors have been able to drag
the case out: withholding their evidence -
including documents and responses - for years after
the GMC's approach.
While the defendants
have thus been able to increase the costs and time
involved, there have also been issues of legal
privilege and medical confidentiality, which have
been erected around Wakefield's activities for Barr.
The lawyer himself has declined to appear before the
GMC panel, and meanwhile, a handful of former
litigants and crank hangers-on are running a campaign of
hatred and abuse that, critics say, aims to conceal
their own role in the MMR debacle by denigrating
those who've told the truth. This has even included fabricating smears, insinuating that Brian Deer
- whose journalism also nailed plagiarist Dr
Raj Persaud [PA News, BBC radio] before the GMC in June 2008
- is working with the drug industry. And it has seen
them launch a website causing more unwarranted
distress to parents by publishing a fabricated
account of the proceedings. This account -
in which charges, evidence and submissions are
invented, root and branch - is to be compiled into a
self-published book, skimming profit from those it
misleads. The author, working with Wakefield and
sponging off families of children with autism, is a
fantasist with a history of latching onto the
vulnerable, and was heard bragging outside a fitness
to practice session that he could pocket 80% on
sales of such books.
Late in the GMC's
proceedings, this individual, who operates under the
name "Martin J Walker", admitted that he
had been paid to produce his false
account of the proceedings. "In the beginning
and at different occasions, autism-related
individuals in the US have supported my work,"
he said in an appeal for more money. "Recently,
however, I have had to depend on the parents of
vaccine-damaged children who support Dr
Wakefield."
So unsavoury is this character that, on 3 November 2008,
even Wakefield, Walker-Smith and
Murch joined with the GMC in condemning an attempt by
him to smear the panel's chairman, Dr Kumar, with
false allegations of a conflict of interest through
an alleged shareholding in a drug firm. Counsel for
the defendants unanimously agreed that there was no
such conflict. "Unfortunately this is not a
court of law and does not have the benefit of
contempt jurisdiction, otherwise I might be giving a
lot firmer advice to the panel," Nigel Seed QC,
the hearing's independent legal assessor, said.
"If anybody was misguided enough to think they
were helping any of the parties, they were not."
The
story goes on...
In 2009, measles is
on the rise, and more parents than ever are being
misled into blaming themselves for autism. But the
tide is turning, as the truth about Wakefield's
campaign surfaces. Not only have Brian Deer's
revelations become so widely known in the UK that
they have even become incorporated into a schools exam question, but deeply-involved
"MMR" parents and anti-vaccine campaigners
have begun to consider "a life after Andy".
Although before Deer's first
reports, Wakefield had already stated that his
reputation was such that he would never work again in
Britain, lawyers running vaccine litigation in the
United States have dropped him from lucrative expert
witness panels, and his papers have been excluded
from lists of scientific research upon which American
claimants have relied.
On the research front
- where no publication has ever replicated
Wakefield's 1998 Lancet claims - in September 2008, a
uniquely-authoritative virological study, co-authored by O'Leary
[whose lab had evidently been brought up to a better
standard since facing earlier criticisms and a withdrawn collaboration] repudiated
Wakefield's core allegation. This study's published
paper concluded:
"The
work reported here eliminates the remaining
support for the hypothesis that ASD with GI
complaints is related to MMR exposure."
This study was
ethically reviewed by four institutional bodies, and
only drew on data from children who, unlike
Wakefield's subjects, were admitted to hospital for
ileocolonoscopies which were purely for clinical
reasons. One collaborator in the project - who in his
authorship also now publicly repudiated Wakefield's
claims - was Dr Timothy Buie, of
Harvard university: America's leading paediatric
gastroenterologist with a special interest in autism.
Nine months later,
further research, which compared the bowel habits of
young children with autistic spectrum disorders with
those of other children, also contradicted
Wakefield's claims. The paper, published in the Archives of Disease in
Childhood,
concluded:
"There
were no symptoms to support the hypothesis that
ASD children had enterocolitis."
On the legal front,
in February 2009 - just four days after Deer's
revelations about the Lancet paper being stuffed with
changes and misrepresentations - another bomb dropped
on Wakefield. Three special masters who had heard
test cases in US federal court,
handed down scathing judgments on his theories and campaign,
often emphasising many of the same alarming matters
that were first revealed by Deer. Indeed, the US
Department of Justice had made extensive reliance on
Deer's research - confirming his findings to its own
satisfaction - particularly those regarding Wakefield; the work of pathologist John O'Leary and his repudiation of the MMR-autism connection;
the whistleblowing of molecular biologist Nick Chadwick, who made a statement; the curious background of
endoscopist Arthur Krigsman; and the payments made to witnesses in the UK
litigation. In the light of such information, a
late-stage application was made in the London High Court by the US department of
health and human services. And pages from
briandeer.com were even shown in court
during the Washington hearings.
Although, in the
light of Deer's earlier findings about the payments
to Wakefield and the involvement of lawyers in his
research, none of Wakefield's papers were listed by
the petitioners, and he was not called to give
evidence, the man himself was never far from view.
"It's at best speculation, idle
speculation," said, for example, Vincent
Matanoski, lead attorney for the Department of
Justice, regarding the theory that MMR can cause
autism. "Now, at worst - at worst - it's a
contrivance. It's a contrivance that's been developed
and articulated and promoted by its chief proponent,
and that's Andrew Wakefield. He promoted it for
financial gain."
The first of the
American test cases involved a severely retarded and
autistic girl, Michelle Cedillo, who
is a patient at Wakefield's Thoughtful House
business. Her family's lawyers claimed that she was
the boutique example of a child injured by MMR, hence
she headed the list of some 5,000 claims. The judge
in the case, Special Master George Hastings, however,
rejected the claim, stating that the evidence was
"overwhelmingly" against it, and that:
"Unfortunately,
the Cedillos have been misled by physicians who
are guilty, in my view, of gross medical
misjudgment."
Echoing Deer's
findings about children in the Lancet paper, Hastings
said:
"The
evidence strongly indicates that Michelle was
already showing evidence of brain abnormality and
of autism prior
to her MMR vaccination. [his emphasis]"
In a second judgment
on whether MMR can cause autism, published on the
same day, from special master Denise Vowell, the court
said:
"Sadly,
the petitioners in this litigation have been the
victims of bad science, conducted to support
litigation rather than to advance medical and
scientific understanding."
And in a third test
case, special master Patricia Campbell-Smith, was forthright
[as were the others] in highlighting questions about
Wakefield's integrity.
"At the
time that Dr Wakefield authored the 1998
Wakefield article, he did not disclose in the
article that he had been contacted by lawyers for
the Legal Services Commission to participate in
the United Kingdom autism litigation against
three MMR vaccine manufacturers. Dr Wakefield was
one of the three top recipients of payment in the
claimants action in the United Kingdom."
In the wake of these
judgments, Wakefield has merely intensified his
campaign, making a string of false allegations
against Deer, and demanding that the
journalist be taken off his investigation. "Mr
Deer betrays a profound bias that ought to prompt any
reasonable editor to remove him from an assignment
reporting on my case," he said in a baseless
complaint, published online in March 2009 and later
submitted to the UK's Press Complaints Commission.
His supporters have
endorsed this, with many bombarding Deer with hatred:
"FUCK
YOU. YOU ARE THE SCUM OF THE EARTH. YOU ARE JUST
TRASHING PEOPLE THAT ARE TOTALLY DEDICATED TO
FIND CURES FOR A HORRIBLE DISEASE. PROTECTING
YOUR SELFCENTERED ASS, TRASHING OTHERS FOR
SELFGAIN, OR PROTECTING YOUR BUDDIES AT A
CORRUPTED PHARMACEUTICAL INDUSTRY. WELL, NOW I'M
TRASHING YOU RIGHT BACK. YOU ARE TRASH. WE'RE
EVEN."
Other viewpoints,
however, have outweighed such attitudes, with strong support
for the continuing investigation. As one US visitor
to this site commented:
"Thank
you for standing up to Wakefield. I admire the
hell out of you for taking a stand for a free
press and the public health. You're dealing with
the worst kind of human slime, but remember this:
long after you and Wakefield are gone, there will
be children in this world who owe their life and
health to you. I can't imagine a better legacy.
Hang in there and fight those bastards."
Meanwhile, in
Britain, pennies have begun to drop, and among those
most preyed upon - the MMR lawsuit claimants - many
voices have turned against Wakefield. Parents, who
one might think could be aggrieved by his Deer's
inquiries, have written to voice encouragement.
With regard to the events at the Royal Free, one
mother wrote in an email:
"You'll
never get a thank you for stopping the bad things
happening to the kids because sadly they aren't
capable of saying it, which is the reason they
became victims in the first place."
Another parent,
incensed by ex-litigants and crank rallies outside
the GMC, wrote to Deer saying that she was the mother
of two severely autistic children, and had been bullied
into silence by anti-vaccine activists. "Now
they are calling on members to attend a rally at the
GMC in support of Dr Wakefield," she wrote.
"Unfortunately I will be away or I would be
there with my own banner! Do you know if I and other
parents like me can send our own message to the GMC
pointing out that not all parents of autistic
children regard this man as a hero?"
Meanwhile, a father
from one of the many families only now recovering
from the strain of Barr's futile litigation wrote:
"Personally
I think 'shot by our own side' just about sums it
up. I still find it shocking what Wakefield did,
and we never blame you for exposing it."
 |
Richard Barr:
UK lawyer who, from 1992, spent 12
years and £15m of public money
trying to find fault with the
vaccine. Before giving up in 2004, he
said he'd always sought to represent
what his clients told him.
|
|
 |
Jackie
Fletcher:
The mother of a brain-disordered boy
used until 1996 as the model of
alleged MMR damage. Runs a UK
campaign group, JABS, and was the
main public face of the attack on the
vaccine. Barr client.
|
|
 |
Kirsten Limb:
After consulting Barr on another
matter, she became his firm's
researcher, spending hundreds of
hours pulling scraps from medical
journals to supply to Wakefield
(right) and Barr, who she later
married. |
|
 |
Rosemary
Kessick:
In 1996, her autistic son
was substituted for Fletcher's child
as the model of MMR damage. Principal
litigant in vaccine lawsuit. Supplied
Wakefield with parts of his autism
theory. Also a Barr client. |
|
 |
Andrew Wakefield:
An ex-surgeon, embittered after his
theory that measles virus caused
Crohn's disease was scorned.
Published a string of false and
misleading reports, seeking to
discredit MMR. Financed via Barr. |
|
| How
they shattered parents' confidence.
MMR vaccination rates for England and Wales,
by second birthday in year: | 91-92 = 90% |
92-93 = 92% | 93-94 = 91% | 94-95 = 91% |
95-96 = 92% | 96-7 = 92% | 97-8 = 91% |
98-9 = 88% | 99-00 = 88% | 00-01 = 87% |
01-02 = 84% | 02-03 = 82% | 03-04 = 80% |
04-05 = 81% | 05-06 = 84% | 06-07 = 85% |
07-08 = 85% | Source: Health Protection
Agency. See graphs. See another graph. |
Accuracy is important to
us. Please tell us if you spot an error, and
we will fix it.
|
Copyright,
2004-2009, Brian Deer. All rights are
reserved. No portion of this article on MMR
and Andrew Wakefield may be copied,
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