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‘Shocking Cover-up’: DOJ Lawyers Committed Fraud in Vaccine Injury Case, CHD Attorney Alleges in Motion Filed Today

By Brenda Baletti, Ph.D.

 

Rolf Hazlehurst, a Children’s Health Defense (CHD) staff attorney and father of a son with autism, today filed a motion in federal court alleging lawyers representing the U.S. Department of Health and Human Services (HHS) fraudulently concealed evidence that vaccines can cause autism.

In a motion filed in the U.S. Court of Federal Claims, Hazlehurst alleged that U.S. Department of Justice (DOJ) lawyers who represented HHS in vaccine injury cases repeatedly defrauded the judicial system — from the National Vaccine Injury Compensation Program (NVICP) to the U.S. Supreme Court.

That fraud led to thousands of families of vaccine-injured children being denied the right to compensation and the right to have their cases heard, according to the motion.

“This motion makes very serious and well-substantiated allegations of a massive scheme of fraud on the courts,” said Kim Mack Rosenberg, CHD general counsel who also is of counsel to Hazlehurst in the federal case.

“The evidence submitted in support of the motion clearly shows that attorneys from the Department of Justice concealed and misrepresented highly relevant information from the special masters in the Vaccine Injury Compensation Program and the judges in the courts,” Mack Rosenberg told The Defender.

Hazlehurst’s son Yates regressed into autism after being vaccinated as an infant. In the early 2000s, his family and thousands of others filed cases seeking compensation for vaccine-induced autism through the NVICP.

The program consolidated all of the petitions into the Omnibus Autism Proceeding (OAP) and selected six representative “test cases” — of which Yates’ was the second — as the basis for determining the outcome of the remaining 5,400 cases.

Unbeknownst at the time to the petitioners and the NVICP special masters, the DOJ’s star expert medical witness, Dr. Andrew Zimmerman informed DOJ attorneys during the ongoing omnibus proceedings that he had reversed his original opinion and determined that vaccines can and do cause autism in some cases.

In what Hazlehurst alleges was “a shocking cover-up,” instead of allowing Zimmerman to share his revised opinion, the DOJ attorneys relieved Zimmerman of his duties as a witness.

However, they continued to use excerpts from his unamended written opinion to make their case that vaccines did not cause autism — misrepresenting his position and committing “fraud on the court.” …

READ FULL ARTICLE HERE… (childrenshealthdefense.org)

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