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Archive for the ‘Legal’ Category

Florida to Enhance Autism Funding for Children


The News-Press is reporting that a bill in the Florida legislature is being reviewed that would provide enhanced funding to Florida children with autism. Parents in Florida are pushing for mandated autism coverage by insurance companies (like the parents who helped push through the Arizona autism insurance bill) and while this isn’t the inclusive plan that parents had hoped for, it is a step in the right direction.

From the News-Press article:

The proposed bill removes caps on full-pay KidCare participants so that any Florida family can buy health insurance that includes coverage for enhanced services for children with autism and other developmental disabilities. It also expands KidCare benefits to include physical, speech and occupational therapy — and expands the age eligibility — so that younger children can get enhanced benefits.

Read the entire article here: New Florida Package Proposed to Enhance Coverage for Children with Autism

Arizona Funding for Autism Treatment in Jeopardy


The following action alert was sent out by the Autism Speaks Arizona office. If you know of a family in Arizona who is receiving services through the Arizona Department of Developmental Disabilities (DDD) please point them to Autism News Direct so that they may take action to secure funding for their children.

The state budget (bill 2620) that was passed into law for fiscal year 2008 lacks protection against cuts to DDD funding which can jeopardize funding to autism treatments. What this means is that funds that are allocated to the DDD can be used to fill in deficits in other areas of the state’s budget. However, we know that early intensive intervention is essential for children with autism and since the DDD is the major funding source for such treatment, budget cuts of this nature would be devastating to the autism community. On behalf of the many children and families who are affected by autism, we ask that you please contact your legislators and urge them to protect DDD funding.
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Wrightslaw Alert - Civil Rights and Discrimination


Wrightslaw.com has released a news alert, since I believe in the importance of this alert, I am posting it to Autism News Direct immediately.

On March 10, we sent an Alert about a new decision in Jarron Draper’s cases against the Atlanta Independent School District. (see background of case)

Within the last two weeks, there have been more important new developments in the case.

Violation of Civil Rights

In a companion case, Jarron Draper and his family are seeking damages for harassment and retaliation under Section 504 of the Rehabilitation Act.

Two weeks ago, the U. S. District Court of Georgia issued a decision in the civil rights companion case (Draper II).

This Alert describes the Court’s findings about harassment and retaliation under Section 504 and how they apply to Jarron’s case.

Wyner and Tiffany, lead counsel for Jarron and his family, explain that the District Court’s analysis includes important guidance for plaintiffs who file for due process for a denial of a free appropriate public education (FAPE) under IDEA, but who believe they may also have civil rights claims under Section 504 of the Rehabilitation Act.

The alert goes on to provide much more detail and can be viewed in its entirety here: Alert! Civil Rights Case: Discrimination and Retaliation

Wyeth Wins Thimerosal-Autism Case in Maryland Court


Madison, N.J., February 19, 2008 Wyeth (NYSE: WYE) announced today that The Honorable Stuart R. Berger of the Circuit Court for Baltimore City in Baltimore, Maryland, has granted Wyeth’s motion for summary judgment in the case of Blackwell, et al. v. Sigma Aldrich, Inc., et al — an alleged vaccine injury case claiming that Jamarr Blackwell’s exposure to thimerosal-containing vaccines caused him to become autistic. 

Previously, the Court had granted Wyeth’s motion to preclude all five of plaintiffs’ expert witnesses from offering testimony at trial following extensive briefing and a 10-day evidentiary hearing held by the Court last August.

In his December 21, 2007 Memorandum and Order pertaining to Wyeth’s evidentiary motion, Judge Berger found that “it is generally accepted in the relevant scientific community that thimerosal in vaccines does not cause or contribute to neurodevelopmental disorders such as autism,” also noting that “it is generally accepted in the relevant scientific community that autism is genetic in origin except in rare instances of prenatal exposures to certain substances at defined periods during pregnancy.”

“This is a significant victory for good science generally,” says Daniel J. Thomasch, a partner at Orrick, Herrington & Sutcliffe LLP, who served as lead counsel for Wyeth in this matter.  “The Court appropriately found that plaintiff’s  attempt to link autism to childhood vaccines is contrary to generally accepted science.”

About Wyeth
Wyeth is one of the world’s largest research-driven pharmaceutical and health care products companies.  It is a leader in the discovery, development, manufacturing and marketing of pharmaceuticals, vaccines, biotechnology products and non-prescription medicines that improve the quality of life for people worldwide.  The Company’s major divisions include Wyeth Pharmaceuticals, Wyeth Consumer Healthcare and Fort Dodge Animal Health.

Source:  Wyeth Press Release

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