Cindy Oxley and Steven Oxley v. Secretary of the Department of Health and Human Services
CINDY OXLEY and STEVEN OXLEY, as Legal Representatives for RICHELLE OXLEY, a minor, Petitioners,
v.
SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES Respondent.
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Items of particular interest relating to vaccine injury and autism symptom causation in BOLD. Some listed directly below:
- “Richelle's disabilities include autistic-like behavior [autism-like and autism are used interchangeably in the medical literature and in many court cases, see Lassiter Vs. US Federal Court], hyperactivity, and partially controlled seizures.”
- The court finds that there is not a preponderance of the evidence that Richelle's condition is due to factors unrelated to the administration of the vaccine. [Meaning it was related to the vaccine]
- There were no preexisting medical conditions: “Petitioners' claim is strongly supported by the testimony of Dr. John Menkes who believes that Richelle sustained a post-pertussis vaccine encephalopathy. Tr. at 104. According to Dr. Menkes, the many tests and studies carried out over the course of Richelle's illness effectively ruled out any underlying degenerative disease.
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