Autismum

By day: mum of an autistic tot. By night: mum of an autistic tot.

The BMJ Bites Back

A press release from the British Medical Journal in response to Andrew Wakefield’s latest publicity stunt – oops! – I mean lawsuit claiming that they defamed his character.

Although not formally served with the legal papers, the BMJ is on notice that Andrew Wakefield has issued defamation proceedings, not in London as might be ordinarily expected as concerns a predominately English publication, but in Texas, USA, where he now lives. The proceedings primarily relate to an article written by Brian Deer and published a year ago on 5 January 2011, entitled Secrets of the MMR Scare: How the Case Against the MMR Vaccine was Fixed, and an accompanying editorial which related to Mr Wakefield’s now infamous Lancet Paper on MMR.

Of course, following the findings of the British General Medical Council’s Fitness to Practice Panel and Mr Wakefield’s history of pursuing unfounded litigation, any action brought against the BMJ and Mr Deer in London would have been immediately vulnerable to being struck out as an abuse of process.

Despite the findings of the GMC’s Fitness to Practice Panel and his co-authors having publicly retracted the causation interpretation put forward by the Lancet Paper, it would appear from the Claim filed at court that Mr Wakefield still stands by the accuracy of the Lancet paper and his conclusion therein, thereby compounding his previously found misconduct. While we await formal service, unsurprisingly the BMJ and Mr Deer standby the material published in the BMJ and their other statements and confirm that they have instructed lawyers to defend the claim vigorously.

NOTES TO EDITORS

1. The Lancet Paper was published on 23 February 1998 entitled “Ileal-lymphoid-nodular hyperplasia, non-specific colitis, and pervasive developmental disorder in children”. Its claims of a temporal association between MMR vaccine and autism were retracted by the authors (excluding Mr Wakefield) on 6 March 2004, following the first findings from Brian Deer’s investigation for The Sunday Times. The paper was retracted in its entirety by the Lancet on 2 February 2010, with the Lancet noting that elements of the paper “have been proven to be false” during hearings of a General Medical Council fitness to practise panel.

2. Following a 217-day investigation by the GMC’s panel, on 24 May 2010, the panel found Mr Wakefield guilty of serious professional misconduct. It found that Mr Wakefield “had a clear and compelling duty to ensure that the factual information contained in the [Lancet] paper was true and accurate and he failed in this duty”. The Panel also found that Mr Wakefield was intentionally dishonest and misleading in describing the patient population, and that he had been dishonest when questioned about it later. Similarly, the panel stated that “the description of the referral process was irresponsible, misleading, and in breach of [Mr] Wakefield s duty as a senior author”. The Determination also set out how Mr Wakefield compounded his misconduct by failing to correct the content of the paper.

3. As a result of Mr Wakefield’s “persistent lack of insight” into his behaviour, the GMC determined that his name should be erased from the medical register.

4. Mr Wakefield adduced no evidence in mitigation and made no arguments or pleas in mitigation in front of the Fitness to Practice panel. He did not appeal its decision and has not attempted to replicate the Lancet paper’s findings in order to attempt to vindicate his position.

5. At various times in the past, Mr Wakefield has brought claims and made complaints against Mr Deer, The Sunday Times, Channel Four and Twenty Twenty Productions in respect of allegations of dishonesty relating to his Lancet paper. In no case has he been successful. Indeed, in each instance the case has been dropped by Mr Wakefield. In Wakefield v Channel Four Television Corporation, Twenty Twenty Productions Ltd and Brian Deer [2005] EWHC 2410 (QB) Mr Justice Eady refused to grant a stay sought by Mr Wakefield, stating that the case would turn on fundamentally serious issues going to the heart of the Claimant s honesty and professional integrity.

In refusing the stay, Eady J considered Mr Wakefield’s conduct in relation to the various proceedings he had brought. He noted that Mr Wakefield had written to a number of other organisations including: the Cambridge Evening News; Evan Harris (an MP who criticised Mr Wakefield on a radio programme); and the Department of Health (which provided a link on its website to the Channel Four Dispatches website).

Mr Wakefield informed these entities in correspondence that he had issued proceedings against The Sunday Times, Mr Deer and/ or Channel Four, indicating that proceedings were ongoing. He made no mention of the stays which he had obtained, or was seeking. Eady J considered this misleading, and concluded that Mr Wakefield wished to use the existence of the libel proceedings for public relations purposes, and to deter critics, while at the same time isolating himself from the downside of such litigation, in having to answer a substantial defence of justification. The Judge believed that there was a pattern of using the existence of libel proceedings, albeit stayed, as a tool for stifling further criticism or debate.

6. On 2O December 2011, the BMJ’s solicitors, Farrer & Co, wrote to Mr Wakefield’s Texan lawyers setting out the matters referred to above, as well as other points. No response has been received.

7. Mr Wakefield’s allegations, that the MMR vaccines causes or contributes to autism, were investigated in three test cases in the United States Court of Federal Claims, heard from July 2007 and with judgments handed down on 12 February 2009. Although listed as a witness, Mr Wakefield was not called to give evidence, and his allegations were rejected. The judgments were upheld on appeal. In the lead case, Cedillo v Secretary for Health and Human Services, Special Master George Hastings said in his judgment with regard to evidence in the case: “Therefore, it is a noteworthy point that not only has that autistic enterocolitis theory not been accepted into gastroenterology textbooks, but that theory, and [Mr] Wakefield s role in its development, have been strongly criticized as constituting defective or fraudulent science.”

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7 comments on “The BMJ Bites Back

  1. bea
    9 January, 2012

    I imagine he’ll drop it, again. I should have ended that statement on a colon, of which Wakefield is a fraudulent user and abuser.

    How on earth can the state of Texas and his lawyer, name him a ‘doctor’? He’s been stripped of the title which was awarded, and now has been removed in the UK. He is now simply Andrew Wakefield. Unless the state of Texas has awarded him some honorary title? We need further clarification. Maybe from his devotees, the Tommeys?

    Let’s hear it for fraudulent use of titles, eh?

    And trust me, I AM a doctor. My title has not been stripped, as I, unlike Wakefield, have always followed ethical guidelines to the letter. They protect people. That’s what we, as doctors, vow: Primum, non nocere – first, do no harm. Wakefield allowed, and gave permission for surgical procedures (which his qualifications didn’t allow him to do) to be performed without justification. One child was hurt through these procedures. Children had their blood taken, and paid for, at a birthday party, for no apparent reason. This isn’t the way medical science should operate. Is it?

    Autismum, can you explain to me how people who have been told that the original study didn’t have ethical permission, and didn’t follow ethical procedures, in so many disgraceful stages, still imagine that it’s an OK piece of ‘research’? What is research if it can’t abide by the rules of the safety and sanctity of the human living being?

    How can these people justify a total lack of caring medical ethics, just to try to prove their point?

    Words fail me.

  2. M O'C
    9 January, 2012

    I can’t explain it. I can understand parents wanting answers. I can understand the need to blame someone, something even one’s self but i can’t abide the excuses being made for the abuse of autistic children either by Wakefield in his researches or by quacks cashing in on his fraudulent claims offering “cures” and “treatments” after encouraging parents to part with their hard earned for tests of dubious quality, reliability and worth.
    Yes there are mavericks out there, lone voices in the scientific wilderness that have gone out on a limb and all but a few get proved wrong and their idea dies as it cannot be reproduced. For every Barry Marshall there are a dozen Andrew Wakefield’s and sadly many of them seem to be drawn to autism. Thankfully not all of these “brave mavericks” court the media has he has done.

  3. Matthew Cline
    10 January, 2012

    How on earth can the state of Texas and his lawyer, name him a ‘doctor’?

    The title of “doctor” comes from the medical degree he’s gotten, not his (revoked) medical license, so he’s still technically a doctor.

    • Autismum
      8 February, 2012

      If whoever posted a reply to the above comment wishes that reply to be shown then please re-submit it as a real person with a valid e-mail address.
      Sock puppets are not welcome here. Please see my comments policy:

      http://autismum.com/policy/

  4. aefountain
    11 January, 2012

    Because the medical system has given more reason to distrust them, than trust them. As a collective with regards to my son, they have failed me.

    • M O'C
      11 January, 2012

      That there are systemic problems in health care there is no doubt. That there are some doctors who need a kick up the arse some times is also true. I’ve had some serious run-ins with health professionals (not just docs) and feel he and we have also been let down to a great extent. This feeling isn’t unique even among the friends I have with children with disabilities (not just autism) and, to some degree, at least, I share your frustration (don’t get me started on education system!!!). Contrary to the popular myth about provaxxers we don’t all take any medic’s word as gospel and do have our own opinions on what’s best for our children AND fight for that if needs be. Whatever your take on vaccines, in the end, we all want what is best for our little ones.

      • ARa
        6 February, 2012

        One of Ms. Godee’s renopsses makes me wonder:“We have referred his to UCL, the institution where the research took place. This is the way journals are supposed to deal with potential misconduct.”Aside from the article in The Lancet, another Wakefield article has been retracted: “Enterocolitis in Children With Developmental Disorders”On 28 January 2010, the UK General Medical Council’s Fitness to Practice Panel raised concerns about a paper published in the Lancet by Dr Wakefi eld et al. (1). Th e main issues were that the patient sample collected was likely to be biased and that the statement in the paper, that the study had local ethics committee approval, was false. There was also the possibility of a serious conflict of interest in the interpretation of the data. Th e Lancet has now retracted this paper (1). Th is paper in the American Journal of Gastroenterology (AJG) (2) also includes the 12 patients in the original Lancet article and therefore we retract this AJG paper from the public record.That decision came quickly enough after the GMC hearing that it would seem that those editors did not wait for UCL to respond.Why must we wait for the Uhlmann paper to be retracted? The data presented at the Omnibus hearing by Steven Bustin was very clear that there were major methodological flaws in the the way the O’Leary laboratory performed the PCR. Also, the fact that Mr. Wakefield’s team quashed the results from Dr. Chadwick’s PCR analysis should on it’s own be grounds for retracting this paper. So, we have two questions: (1) What is taking UCL so long to respond? and (2) Why do we have to wait?

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This entry was posted on 9 January, 2012 by in Parenting.

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