Attorney Walter Kyle of Cape Cod, Massachusetts, began representing Plaintiffs with vaccine injuries ten years before the Vaccine Injury Act began, and has argued more than forty cases before the Special Masters of the United States Court of Federal Claims [under the Vaccine Injury Compensation Act] - 42 U.S.C.A. §300aa, et.seq. As a result, Attorney Kyle has unique insight into the nuances of vaccine injury law.
To start our interview, may I ask how you became involved in vaccine law?
I began representation of vaccine-injured clients in Arkansas in 1977. My first case out of law school was representing a paraplegic mother who acquired paralytic polio from mutated Sabin live trivalent oral polio vaccine [TOPV] viruses shed from her three-month-old infant’s diapers. Centers for Disease control classified the woman in the “immune deficient” category of “vaccine associated contact cases” from Type 2 Sabin vaccine.
Walter, you just mentioned the phrase “vaccine viruses shed.” For those who are not familiar with such terminology I’d like to say it means certain types of vaccines contain certain viruses that are alive and once injected into [orally administered to] an individual can infect others via contact with bodily fluids, excrement, and sometimes coughing or sneezing. In your first vaccine case, the mother contracted paralytic polio from viruses “shed” in her infant’s diapers soiled with urine and feces.
Walter, how did you present that case at court?
In the first case against the manufacturer, American Cyanamid, which defended based on the fact that the woman was categorized as “immune deficient” and implied the reaction was her fault, I countered with the position that the Type 2 vaccine caused her immune deficiency since she had never been sick in her life before contact with that vaccine. After settling that lawsuit against the manufacturer for failure to warn, I instituted a Federal Tort Claims Act (FTCA) lawsuit against HEW for regulatory violations in the license and release of OPV, in general, and the individual Lot of polio vaccine, in particular. In addition, I challenged the FDA’s intention to use Sabin’s live oral polio vaccine (OPV) for immunization of unwitting contacts of vaccine recipients as an unconstitutional invasion of their privacy (see Loge v. United States, 662 F.2d 1268 8th Cir. 1981), which evolved into civil actions of “battery” against the sole manufacturer of the Sabin vaccine –American Cyanamid.
Can you tell us what happened in that case?
From my perspective I gained a profound disrespect for the FDA and pro-vaccine defense experts who pretended the case could have been from wild polio in spite of the fact that most, if not all of the polio in the United States at that time, arose from parents coming into contact with the polio viruses shed in their child’s stool or saliva.
Their justification then, similar to their justification now, arose from an unwritten CDC/FDA policy to “sacrifice some for the good of the whole” – a comment related to me by a senior CDC physician, Dr. Michael Gregg, in a private conversation.
This explains why zero funding is available to do clinical studies of vaccine reactions in the United States.
Both of the lawsuits settled before trial. The trial judge dismissed the FTCA lawsuit and was overturned on appeal in the decision cited above.
Before you go further, can you please explain what a Vaccine Injury Table is?
According to HHS Health Resources and Services Administration, “The Vaccine Injury Table (Table) makes it easier for some people to get compensation.” 
It makes it easier for some and impossible for others. Certain reactions within a set time period are automatically compensated. For example, the parent of a child who became paralyzed by polio within 60 days of the child’s receiving the live polio vaccine would automatically be compensated. This was the most common reaction to both live and inactivated polio vaccines.
However, a child acquiring an encephalitis where the Colburn strain of CMV (cytomegalovirus) was isolated from his brain at the age of six, would not be compensated unless his lawyer were clever enough to discover that the Colburn strain of CMV is actually simian in origin and came from the African green monkeys used to produce the live polio vaccine.
Recently Baboon endogenous retrovirus (BERV) was discovered in MMR vaccine, but no one has access to the tests to detect it in children with possible vaccine reactions. Since it is a live vaccine, one would expect the onset to occur within 3 days to three years, nor would anyone know how to correlate it to the particular Lot of vaccine given as FDA keeps such information secret.a “commercial privilege” protection under FOIA.
Walter, what I find interesting about the Vaccine Injury Table is something most proponents of vaccines/vaccinations probably are not aware and it is “The Table lists and explains injuries/conditions that are presumed to be caused by vaccines.”  So, in effect, HHS/CDC/FDA agree vaccines can cause damage. I suggest every parent becomes familiar with the Vaccine Injury Table in the link at reference .
The Table is per se inadequate and a mother or father should follow their gut instinct when faced with a vaccine reaction most of which are probably not on the Vaccine Injury Table. Currently there are laboratory-testing methods developed, but withheld from diagnostic use by FDA that can quickly and cheaply link reactions to vaccines. I do not feel anyone should subject their child to an immunization unless faced with an actual, not a CDC forecast, epidemic of a life-threatening pathogen. That is, until those testing procedures are made available to the general public for diagnostic evaluations of both the injured and of the vaccines which are administered.
I am not anti-vaccine but strongly oppose FDA/CDC/NIH B.S. (rhetoric and hyperbole) when it comes to evaluation of vaccine reactions. For example: Dr. Jonas Salk, developer of the inactivated polio vaccine (IPV) gave unchallenged testimony before the Senate Committee establishing the Vaccine Injury Table that there had been no paralytic reactions to the Salk vaccine in 450,000,000 doses resulting in a Table that provided no compensation for IPV-caused polio. The FDA stood by and said absolutely nothing, but had good reason to know Salk’s testimony was not true. Really!
Salk had provided expert assistance and consultation to me for 12 years while the ongoing feud between Sabin and Salk brewed over which vaccine should be used in the United States.
When the Chief Special Master appointed me to head an Attorneys Committee to investigate the possibility that Salk’s vaccine had caused hundreds of cases of polio that had never been linked to the vaccine by FDA, I truly believed that Salk’s vaccine had never caused polio except in one isolated manufacturing problem in 1955.
After the Committee investigated and discovered that not only had Salk’s IPV caused polio, it had probably started epidemics, and the famous “Frances Field Trials,” which the FDA’s predecessor touted as proving IPV’s absolute safety, were “rigged” and probably caused as much polio as they prevented.
Walter, that’s something that isn’t well known and apparently pushed under the carpet, as they say.
Under the carpet would have been nice, HHS pushed the attorneys on my committee out the door. The Justice Department attorney began attacking members of the Committee on trivial issues, objected to our being paid promptly in all matters including other cases and ultimately all of us stopped practicing in the Vaccine Injury Compensation Program.
Walter, thank you for pointing out that important fact, something vaccine safety advocates are concerned about to this very day—unknowns in vaccines. It’s happened several times and constantly gets pushed under the ‘scientific carpet’, it seems. Please continue.
By 1988, I concluded, based on evidence discovered from the OPV manufacturer’s files and FOIA litigation against the FDA, that FDA allowed release of live Sabin oral polio vaccines that also contained live simian retroviruses and/or viable genetic sequences of such retroviruses within the polio vaccine itself – a fact admitted by the Director of the Bureau of Biologics on April 15, 1980 in the Federal Register.
In 1992 a world renowned medical journal, The Lancet, published my paper, “Simian retroviruses, polio vaccine and origin of AIDS” 339:600-601 (Mar. 7 1992), which linked the 1981 AIDS outbreak in the United States to the nationwide use of OPV for treatment of genital herpes in homosexual men by dermatologists. Following multiple oral doses of OPV, the viruses passed in their stools along with the then unknown simian retroviruses and herpes viruses (i.e., SIV and KSHV – Kaposi’s Sarcoma Herpes Virus – and CMV – Cytomegalovirus). Curiously, this panorama of simian herpes viruses also infected the first AIDS victims.
That article identified specific lots of contaminated OPV and suggested independent testing, which FDA refused to retest, but “pretended” that it had through false press releases in 1996. The FDA faced huge liability here so they spent millions sending someone to find AIDS-like virus in chimpanzees which is more genetically similar to HIV than any of the other simian viruses, problem was, the chimps would eat the same African green monkeys, the source of all SIVs, which were used in the oral polio vaccine.
Curiously, Sabin’s Type II oral polio vaccine, most frequently (of the three Types in a single dose of Sabin OPV) associated with the immune deficient category of paralytic polio was administered to and ultimately isolated from the stool of a chimpanzee.
I believe an honest evaluation of the science would place AIDS under the vaccine injury table, and what a massive expense that would be.
So Congressional oversight of the issue may be hard to acquire, but should be sought, all parents should ask for is “the whole truth,” the portions of truth FDA releases often times mislead.
Although I have not actively practiced law for several years, I have followed the scientific developments in the vaccine injury debate. Furthermore, I feel it is possible to eliminate the Vaccine Injury Table and simultaneously streamline the onerous litigation process HHS has devolved for vaccine injury cases, but only if the FDA provides:
- Vaccine injury claimants have access to the deep sequencing technology and microbial detection arrays capable of identifying every known and sequenced virus, pathogen, fungus and parasite that might be associated with the onset of illnesses following vaccinations, and
- similar sequencing data on every lot of vaccine distributed in the United States for comparison of illnesses following immunization with pathogens present in the vaccines and the medium (substrate) used to generate the vaccine, or;
- for recombinant DNA vaccines (rDNA), studies on the viability, propensities, and evolutionary tendencies of the genetic vaccine agent when introduced into an appropriate species or cell line free of any other portions of the original putative agent toward which the vaccine is targeted.
The latest vaccine saga began on May 7, 2010 in Gaithersburg, Maryland, when the Vaccine and Related Biological Products Advisory Committee (VRBPAC) met to review the finding that 200,000 copies of a pig virus were found in each dose of the rotavirus vaccine. An independent laboratory with access to Lawrence Livermore’s Microbial Detection Array, (LLMDA), screened some off-the-shelf vaccines for all known and sequenced viruses and the findings were published in Virology on March 10, 2010. Test results on the polio vaccines were apparently withheld, possibly for unwanted results consistent with comments that I made at the meeting. (Transcript p221).
That modus operandi is getting to sound a little familiar, I’d say. Go on, please.
In that meeting Dr. Holly Franz, developer of the array patented by Lawrence Livermore Labs stated Transcript p330) that over 2 million known pathogens could be detected with this 2x3 inch glass slide that cost about $400.00 and that it could detect mitochondrial DNA changes before any vaccine reaction occurred. The chips were developed, promoted and patented with claims of usefulness in diagnosis of the cause of illnesses.
Walter, that’s exactly what vaccine safety advocates—especially I—have been suggesting, asking for, and promoting with regard to mitochondrial DNA. Sorry to interrupt, but that is amazing.
The FDA “fix,” unfortunately, was in place at the time of the meeting and the Committee discussion at the end of the day foreshadowed what FDA planned for this revolutionary diagnostic tool. VRBPAC members voiced concern that someone might use the LLMDA on other vaccines or products and newly detected agents would appear that VRBPAC could not explain. The unspoken fear, in my opinion, was that vaccine reactions could now be scientifically correlated to agents in the vaccines, and no longer defended with argument and innuendo which formed FDA’s historical basis for publicly assuring vaccine safety.
Walter, if such technology is available—and its invention may have been funded by taxpayers’ dollars—what kind of conspiracy or collusion is going on that prevents the public and their physicians and pediatricians from having access, especially now that the CDC’s VAERS reporting system shows serious numbers of adverse events. Oh my goodness—Congress ought to get involved and mandate FDA release LLMDA to professional and health consumers’ access. Please continue.
The meeting itself appeared to be a “red-herring” approach to quell public outcry over a non-required vaccine, which contained a contaminant that had been in the vaccine for 15 years and could have been detected by PCR (polymerase chain reaction). FDA members on VRBPAC assured the public that no reactions had been associated with the pig viruses in the vaccine during those fifteen years.
That, Catherine, was the FDA at its Orwellian best – its orchestration glibly implied that testing for pig viruses was routinely performed in diagnosis of a potential reactants unusual symptoms. The FDA failed to disclose how many, if any, physicians had ordered PCRs for these pig viruses in the past fifteen years. Why would they? Chances are high that no testing was ever done, which is probably why the FDA “spun” this lack of data into “proof of safety” – and allowed the continued distribution of the vaccine.
Walter, that makes me want to cry for all those who received that vaccine over fifteen years. That’s perfect proof to quell those who say vaccine safety advocates are conspiracy theorists and don’t know what they talk about or science. What you just said should be considered “high crimes and misdemeanors,” I think. Please continue.
This scenario is consistent with the FDA’s findings in 1970 that 100% of the Sabin Oral Polio vaccine was contaminated with simian herpes viruses and FDA permitted it without ever notifying physicians of potential adverse effects or even its presence in the vaccine. The same can be seen in 1975 when FDA lab workers found simian retroviruses contaminating OPV, and it was allowed to continue by the Bureau of Biologics (BoB). A year after asserting the vaccine, the regulations did not bar the release of OPV contaminated with simian retroviruses, the Director of BoB became the Senior Vice President of Scientific Affairs at American Cyanamid – the only company producing OPV in the United States at that time.