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Cedillo appeal

post #1 of 9
Thread Starter 
I haven't seen this link posted here.

http://www.rescuepost.com/files/mich...al03162009.pdf

I found it interesting reading. Long, I'll admit, but you can mostly skip the footnotes and the pages of introductory legal this and that.
post #2 of 9
VERY interesting!!! I happen to agree with her. I think that this special master did "impose an unattainable standard of proof" due to the intense media coverage and to protect the public's confidence in vaccines. This whole process is based upon the SM's abilitry to be impartial...I don't think in this climate with so much at stake ($$$$$$) that is possible!
post #3 of 9
Thread Starter 
Yes, I thought the SM bringing in the Daubert stuff was quite shocking. This is not supposed to be the standard of proof in the vaccine court.
post #4 of 9
Totally corrupt! They collect all that money to be used for damages the vaccines cause and then they set up their own circus with Special Master holding up hoops to jump though and never ending demands to prove a case.

What will happen now? Are they going on to a higher court? Not that I have much faith in that.
post #5 of 9
Thread Starter 
They are appealing. I'm not sure who they appeal too. But I think they make a good case for Michelle having been treated unfairly because she was the lead case. Read the beginning of the appeal (but skip all the headings and legalese), it lays out the justification.
post #6 of 9
Quote:
Originally Posted by Deborah View Post
They are appealing. I'm not sure who they appeal too. But I think they make a good case for Michelle having been treated unfairly because she was the lead case. Read the beginning of the appeal (but skip all the headings and legalese), it lays out the justification.
I still can't believe people thought this case would turn out any different. As a child, I read Solzhenitsyn's Gulag Archipelago and to this day recall the ridiculous courts in the Soviet Union that sent political dissenters off to Siberia forever. These poor people were done for long before they stepped into the "court of law."

Just the fact that they set up this special court to hear this case says it all. It's absurd. A federal court run by a specifically chosen individual (specifically chosen by the federal government) is supposed to determine if a federal department is guilty of the maiming of thousands of children? C'mon. Seriously?

Again, I had to look at what they said about Bustin's testimony and how he couldn't really prove anything wrong. He was just mad he couldn't prove it wrong, so he came up with a bunch of maybe's and somehow that became proof. They throw all this is in at the last moment with no chance to respond and that's fair?

The defense's entire case is full of stuff like that. There will be a judgment day for these people and God have mercy on their souls.
post #7 of 9
I am also surprised anyone thought they would win..but for different reasons. They did not provide anything, they had taped evidence that suggesting autism onset earlier than they claimed...

http://neurodiversity.com/weblog/

he has done a great job splitting all the links up, you can look at the specific scientific evidence provided by both sides as well as the expert reports.
post #8 of 9
Also, why was his use of Daubert an issue? I am not getting why they feel it should not have been used? It was used in the other precedent setting cases, as you can see in the link I provided above
post #9 of 9
And, sorry for serial posting, but what standard of allowing scientific evidence should be used?


quick wiki to get the D standards:

*Empirical testing—the theory or technique must be falsifiable, refutable and testable.

*Subjected to peer review and and publication

*Known or potential error rate and the existence and maintenance of standards concerning its operation.

*Whether the theory and technique is generally accepted by a relevant scientific community.


So, if experts can't reach even one of these points, why should it be allowed?

ah, many answers here:

http://www.uscfc.uscourts.gov/sites/...20Standard.pdf
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