Autistic Enterocolitis - U.S. Court of Federal Claims

U.S. Court of Federal Claims

On February 12, 2009, three Special Masters of the United States Court of Federal Claims rendered three opinions in three "test cases" that were proceeding in that court, each of which addressed causation issues relating to MMR vaccine and autism spectrum disorders (ASDs). The opinions were critical of Arthur Krigsman and his testimony about autistic enterocolitis, which the court said that he described as a "new form of gastrointestinal disorder." Typical of their criticism was the following passage found at page 199 of the opinion in the Snyder case: "Doctor Krigsman was qualified to testify about gastroenterology qualifications to establish the validity of a new form of gastrointestinal disorder, unrecognized by other authorities in the field, were ... sadly lacking." The court noted that the "medical textbooks" do not recognize autistic enterocolitis. At page 27, the same opinion stated that "Dr. Krigsman’s testimony about autistic enterocolitis as a diagnostic entity was speculative."

In his judgment in Cedillo v Secretary for Health and Human Services, February 12, 2009, Special Master George Hastings said:

"To be sure, the petitioners in this case have stressed that they rely upon Dr Krigsman as their expert concerning the causation of GI symptoms, not Dr Wakefield. Thus, they argue that criticisms of the personal integrity of Dr Wakefield are not relevant here. However, because Dr Krigsman’s general causation approach clearly was strongly influenced by Dr Wakefield’s theory, criticisms of Dr Wakefield’s “autistic enterocolitis” theory are relevant, and criticisms relating to Dr Wakefield’s credibility in developing that theory are of relevance as well. Therefore, it is a noteworthy point that not only has that “autistic enterocolitis” theory not been accepted into gastroenterology textbooks, but that theory, and Dr Wakefield’s role in its development, have been strongly criticized as constituting defective or fraudulent science."