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Blogger Subpoenaed for Criticizing Trial Lawyers

Cutie Pi writes "Katherine Seidel, mother of an autistic child and an avid blogger has been subpoenaed for her "family's bank records, tax returns, autism-related medical and educational records, and every communication concerning all of the issues to which [she] has devoted [her] attention and energy in recent years." The lawyer in question is representing a mother who is suing Bayer for $20M with the claim that mercury in their vaccines caused her child's autism. In her blog Seidel has spoken out against lawyers trying to cash in on thimerosal lawsuits, noting that the thimerosal-autism link has been debunked in several studies. But Seidel herself has had no direct involvement in the lawsuit."

114 of 500 comments (clear)

  1. This lawyer... by dosius · · Score: 5, Funny

    ...this lawyer sounds like a Scientologist.

    *HIDES*

    --
    What you hear in the ear, preach from the rooftop Matthew 10.27b
  2. Logic and evidence be damned by Reality+Master+201 · · Score: 5, Insightful

    These people are angry and want something to take their frustrations out on. The fact that no studies provide any evidence of a link between the vaccines and autism is an minor inconvenience to be ignored!

    Scumbag lawyers, shoddy science, willfully ignorant and upset parents - it's a perfect combination.

    1. Re:Logic and evidence be damned by Naughty+Bob · · Score: 4, Insightful

      The guy who started all of this, Andrew Wakefield, now practices in the US, having been effectively kicked out of the UK medical scene.

      He is clearly addicted to the idea of being a superstar doctor, and doesn't mind how many hopes, dreams and desperate parents he abuses along the way.

      As science becomes debased in popular culture, by everything from homeopathy to astrology to religion, tragedies like this one will be the consequence.

      We geeks need to get out of the basement and put our collective intelligence to work.

      --
      "Be light, stinging, insolent and melancholy"
    2. Re:Logic and evidence be damned by Lazypete · · Score: 2, Funny

      We geeks need to get out of the basement and put our collective intelligence to work. Hail to that, and on soooo many other issues!
    3. Re:Logic and evidence be damned by D+Ninja · · Score: 2, Insightful

      We geeks need to get out of the basement and put our collective intelligence to work. If said geeks do not have experience of dealing with the real world, no amount of intelligence will solve these social issues. (And, of course, being a geek != intelligence, but that's beside the point.)
    4. Re:Logic and evidence be damned by eln · · Score: 5, Insightful

      It's even worse than that. The anti-vaccine movement operates much like a cult. It takes people who are in a situation where they feel isolated, helpless, and angry, and they give these people a strong support community that will not only alleviate their feelings of isolation and helplessness, but give them a boogeyman to lash out at. Once someone is in a community like this, they will continue to fight for the cause no matter how much evidence is stacked against them.

      It's really sad, because these people are risking allowing some truly horrible and often fatal diseases to come back decades after they were virtually wiped out. I'd much rather have a minuscule and totally unproven chance of a few kids getting autism, which is not fatal, than have a virtual certainty of thousands of kids getting fatal and/or permanently disfiguring diseases like pertussis or polio.

    5. Re:Logic and evidence be damned by smooth+wombat · · Score: 3, Funny
      We geeks need to get out of the basement and put our collective intelligence to work.


      But the light is so bright!

      --
      We will bankrupt ourselves in the vain search for absolute security. -- Dwight D. Eisenhower
    6. Re:Logic and evidence be damned by josteos · · Score: 3, Funny

      We geeks need to get out of the basement and put our collective intelligence to work. I want to help, but Mommy won't unlock the door!
      --
      Save the Music; Save the World at http://www.TuneTriever.com (Our latest Android game)
    7. Re:Logic and evidence be damned by FleaPlus · · Score: 4, Informative
      Economics blogger Megan McArdle had a great post about this recently which elaborates on just how dangerous the anti-vaccination craze is:

      http://meganmcardle.theatlantic.com/archives/2008/03/correlation_causation_vaccinat.php

      The anti-vaccination websites sustain their belief by systematically excluding anyone offering counterevidence from the domain of acceptable sources. Pharma studies can't be trusted because they have a profit motive. The CDC is in hock to big business. The "medical establishment" wants to make money giving your children unnecessary shots. In fact, the only person you can trust is the guy writing the website.

      This is the sure sign of a crank. It is possible that all these people are wrong--science has had much more spectacular failures in the face of clear evidence. But there is no such thing as a multi-million person conspiracy. ...

      Looking for those links is entirely natural. But fingering vaccines has real and terrible consequences. Millions of children die worldwide every year from childhood diseases that we've eliminated here through vaccination. Now, because these websites are frightening people about vaccination, we're seeing a resurgence of those diseases. People are dying from them again, and others are being left with permanent health impairment. Leaving children unvaccinated means going back to

              * Leg braces and iron lungs for people with polio (57,628 cases in 1952)
              * Encephalitis and sterility for people with mumps (200,000 cases a year in the 1960s)
              * Congenital rubella syndrome for children whose mothers contracted the illness during pregnancy.
              * Blindness, pneumonia, encephalitis, and death--one per thousand--for people with measles (nearly 1 million cases a year in the US before vaccines).
              * Encephalitis and pulmonary hypertension for people with whooping cough--thanks to people who don't vaccinate their kids, in 2001, 17 people, mostly infants, died of pertussis (200,000 cases in 1940).
              * Cardiac arrest and paralysis for people with diptheria (207,000 cases and about 15,000 deaths in 1920).

      The vaccines scare us because the diseases don't. And they don't because of the vaccines.
    8. Re:Logic and evidence be damned by roguetrick · · Score: 2, Insightful

      religion: While the news probably didn't reach your mom's basement, the antagonism between "science" and "religion" only started in earnest in the last two hundred years. For the thousand years before that, science and its precursors were thoroughly entwined with religion, both supported by and supporting in exchange the dominant religion of their land. Any stores you have to the contrary are, sadly, more properly called "Atheist Mythology" than anything else. The Atheist Mythology of the Galileo. Fascinating. It'd make more sense to say Science and Religion get along well, as long as the former doesn't waltz into the latter's territory.
      --
      -The world would be a better place if everyone had a hoverboard
    9. Re:Logic and evidence be damned by eln · · Score: 2, Insightful

      While I have no doubt that those whose children are severely autistic are in a totally different world, my son is mildly autistic (high functioning autistic), and I would take that over polio any day of the week.

      Your argument is absurd and designed to appeal to raw emotion. Hundreds of kids get killed in traffic accidents every year. I would agree with the assertion that cars should not be banned so long as you sign your kid up to be the first to get nailed by a car. No? Oh, I guess a few hundred kids is ok as long as they're not yours?

      Actually, that's not a good analogy, because there's solid evidence that getting creamed by a car will cause death, but there's no evidence at all that vaccines cause autism.

    10. Re:Logic and evidence be damned by falconwolf · · Score: 2, Insightful

      religion: While the news probably didn't reach your mom's basement, the antagonism between "science" and "religion" only started in earnest in the last two hundred years. For the thousand years before that, science and its precursors were thoroughly entwined with religion, both supported by and supporting in exchange the dominant religion of their land. Any stores you have to the contrary are, sadly, more properly called "Atheist Mythology" than anything else.

      Tell that to Galileo Galilei who died forget 200 years ago, more than 300 years ago.

      Falcon
    11. Re:Logic and evidence be damned by Hatta · · Score: 3, Insightful

      While the news probably didn't reach your mom's basement, the antagonism between "science" and "religion" only started in earnest in the last two hundred years.

      This is because science, as we know it, only started in earnest in the last two hundred years.

      --
      Give me Classic Slashdot or give me death!
    12. Re:Logic and evidence be damned by Kozar_The_Malignant · · Score: 3, Interesting

      >The vaccines scare us because the diseases don't. And they don't because of the vaccines.

      Right you are! I am old enough to remember the polio epidemics in the summer and being scared shitless of winding up in an iron lung. Swimming pools and libraries got closed and people were afraid to go to the ballgame. These Luddites should go live in Afghanistan or The Sudan with their like-minded brethren.

      --
      Some mornings it's hardly worth chewing through the restraints to get out of bed.
    13. Re:Logic and evidence be damned by ultranova · · Score: 2, Insightful

      I decided, years ago, that I would let society suffer the consequences of its actions without lifting a finger to help.

      A rather unwise decision, since any significant social problems will also affect you, and a catastrophic failures will most likely kill you.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    14. Re:Logic and evidence be damned by Niten · · Score: 4, Insightful

      It'd make more sense to say Science and Religion get along well, as long as the former doesn't waltz into the latter's territory.

      More like as long as the latter doesn't waltz into the former's territory.

    15. Re:Logic and evidence be damned by fm6 · · Score: 2, Informative

      You're correct, but that's another issue. What matters here is not the merits of the lawsuit. It's the ability of plaintiff's lawyer to drag in a blogger who's only relationship to the suit is that she's spoken out against it. That would be disturbing even if the case had obvious merit.

      I just read her motion to quash the supoena, and it has a very interesting claim: there's no indication if it was every approved by a judge. If that's the case, you have to wonder what stupid games this lawyer is playing.

    16. Re:Logic and evidence be damned by Impy+the+Impiuos+Imp · · Score: 2, Insightful

      > And, of course, being a geek != intelligence

      Technically correct. What we are is "nerds". A "geek" was the carnival sideshow guy who bites the heads off chickens. In "Revenge of the Nerds", Booger was actually the one and only geek.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    17. Re:Logic and evidence be damned by Impy+the+Impiuos+Imp · · Score: 3, Insightful

      So the Catholic Church's recent apology to Galileo was because they don't understand their own history?

      Huh.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    18. Re:Logic and evidence be damned by CCW · · Score: 2, Insightful

      I would suggest you take a long hard look at the recent outbreak of measles in San Diego, where the virus was imported via one vector (unvaccinated child) who traveled in europe, infected a bunch of unvaccinated kids in his school (which had a lot of parents that used the philosophical exemption waivers), who then put at risk many infants that could not be vaccinated because they were too young. Nobody vaccinated caught the disease. The unvaccinated kids all got sent home for a couple weeks so that they could only infect their own siblings. Fortunately I don't think any of the infected had any serious side effects.

      Not intending as harassment, but your choices for your children don't just put them at risk, it puts other children at risk who cannot be vaccinated. If there weren't well-documented serious potential risks for these diseases, it wouldn't matter.

      It boggles my mind that people don't trust their own doctor, don't trust the public health system, but do trust some guy the read about on the internet. You are also trusting that every other parent will choose to vaccinate, so that you can get away with not doing it. Seems like misplaced trust to me.

    19. Re:Logic and evidence be damned by Chris+Burke · · Score: 2, Funny

      Right you are! I am old enough to remember the polio epidemics in the summer and being scared shitless of winding up in an iron lung. Swimming pools and libraries got closed and people were afraid to go to the ballgame. These Luddites should go live in Afghanistan or The Sudan with their like-minded brethren.

      I really don't know what my problem is. I'm not even close to being old enough to remember polio epidemics, I only know of polio via the history books I was forced to read in school. And yet, despite this, I'm still concerned that people avoiding vaccines for silly reasons could result in some of these diseases coming back or new ones coming and remaining unrestrained. It's almost as though... I was somehow able to learn from history without having to directly experience its lessons, and am able to appreciate the reasons for and benefits of the vaccination programs.

      Am I insane?

      --

      The enemies of Democracy are
  3. This is why people hate lawyers... by R1Lawrence · · Score: 5, Insightful

    This is the worst of what our legal system allows. Now this woman is forced to hire an attorney just to defend her right to free speech. It makes me sick!

    1. Re:This is why people hate lawyers... by WaltBusterkeys · · Score: 2, Informative

      She's being subpoenaed, not sued. To be subpoenaed means that you have to turn over records or give testimony. She's not a party to the lawsuit. She doesn't have to pay any money or change any of her postings.

      Don't get me wrong -- it's still a pain in the butt and it's wrong and probably an abuse of the legal system. But her freedom of speech isn't at risk. She could respond by just giving the documents requested. She shouldn't have to do so, but her speech is in no way at risk.

      Non-party witnesses get subpoenaed all the time in civil cases. If you see a car crash, you could be subpoenaed to give testimony whether you want to come or not. Here, it looks like it's abusive since the witness doesn't appear to have any evidence relevant to this particular case, but it's not like she's being sued for her opinion.

    2. Re:This is why people hate lawyers... by cprael · · Score: 5, Insightful

      She's been given three weeks, give or take, to review virtually every electronic communication or posting, or scrap of paper, that has passed through her life in the last 4 years, and package it _all_ to take the deposition. She isn't even being offered a witness fee.

      It is not "probably" an abuse of the legal system. It is one. It is also overly intrusive, and has a number of other "defects".

      The last time I saw a subpeona like this, the lawyer quickly backed down, because he realized we were going to ask for sanctions for abuse of process as soon as we walked into the courthouse.

    3. Re:This is why people hate lawyers... by WaltBusterkeys · · Score: 2, Insightful

      Sure, fair enough. But the great-grandparent hinted that she was being sued, which is a very different proposition. Being sued would be completely unconscionable.

      Third-party witnesses get subpoenaed all the time. From here, it sure looks like this subpoena is abusive. But I can imagine other contexts (where she had secret documents from the PharmaCos related to the case or something) where it'd be reasonable. THIS subpoena looks abusive and I'd hope that the court looks at sanctions closely. But, not all third party subpoenas are evil.

    4. Re:This is why people hate lawyers... by joseph449008 · · Score: 5, Informative

      Except that all the information Kathleen posts is supported by publicly available information, and Mr. Shoemaker no doubt knows this. The subpoena was issued 4 hours after Kathleen posted information about the money Shoemaker makes by losing vaccine injury cases. See her motion to quash. Make no mistake, some people would like to silence Kathleen and at the same time indulge their delusions that she's part of an government/pharma/illuminati conspiracy. What has happened is clearly a threat to freedom of speech. Imagine if lawyers could just issue subpoenas if they see an opinion on the web they don't like.

    5. Re:This is why people hate lawyers... by Bogtha · · Score: 5, Insightful

      Don't get me wrong -- it's still a pain in the butt and it's wrong and probably an abuse of the legal system. But her freedom of speech isn't at risk. She could respond by just giving the documents requested. She shouldn't have to do so, but her speech is in no way at risk.

      It's called a chilling effect. If this is upheld, it will send the message that if you criticise pseudo-science, you are in danger of being dragged before a court and having all your personal details examined for no good reason. It's an undue burden on speech that many people will not be willing to take just to speak out against some kooks.

      --
      Bogtha Bogtha Bogtha
    6. Re:This is why people hate lawyers... by dubl-u · · Score: 5, Insightful

      But her freedom of speech isn't at risk. I disagree totally. Yes, they are not asking for her web site to be closed down. But did you actually read the subpoena?

      They want her bank statements, her canceled checks, her tax returns, and any documents even vaguely related to any issue covered on her web site, including correspondence with her physicians, attorneys, and any member of the government. Imagine how you would feel about giving the last seven years of your correspondence and financial records over to a hostile party.

      And, of course, they want the right to grill her about anything related to any of that, while she pays a couple hundred bucks an hour in legal fees. And for why? Because she has blogged critically about them.

      That doesn't just have an effect on her right to free speech. It has an chilling effect on every blogger who sees themselves as a citizen journalist. Anybody who wants to blog about something important -- or even read blogs like that -- should oppose legal harassment like this.
    7. Re:This is why people hate lawyers... by sm62704 · · Score: 2, Insightful

      But her freedom of speech isn't at risk

      Yes it is. Freedom of speech also is the freedom to NOT speak.

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    8. Re:This is why people hate lawyers... by smellsofbikes · · Score: 2, Interesting

      I was in a somewhat similar situation, although I was directly involved in the lawsuit. I was asked to submit to the deposition all online writing I'd done in the last 6 years. As I recall, I asked for an extension after delivering 1500 printed pages from one blog and telling my and the opposing council that those 1500 pages represented well less than 10% of what I'd written over that period. (I'm verbose.) They quickly restricted what, exactly, they were requesting, to strictly what was relevant to the suit, leaving it to my discretion as to what to include.
      They'll ask for everything, but when it becomes apparent that they might have to sift through thousands of pages of material, they're often willing to be much more reasonable. THEY don't want to have to read through it any more than the person who received the supoena wants to print it all out.

      --
      Nostalgia's not what it used to be.
    9. Re:This is why people hate lawyers... by FroBugg · · Score: 3, Insightful

      Sure it does. This lawyer has the government on his side. Because he asked them to, the government is forcing this woman to collect and submit all of this information. It's a significant hardship and can most definitely create a chilling effect.

    10. Re:This is why people hate lawyers... by cprael · · Score: 2, Informative

      Well, I didn't see anything that said "sued". The article title says "subpeonaed", as does the linked article.

      And yes, third-party witnesses get subpeonaed all the time. They're generally given notice that they'll be subpeonaed, given adequate time to prepare, and more.

      And, without any documentation/etc., there's no particular reason to presume that she's got secret documents or anything else related to the case.

      So, no, not all third party subpeonas are evil. But a surprising number are just plain _stupid_.

    11. Re:This is why people hate lawyers... by Chas · · Score: 5, Insightful

      Her right to free speech is not being interfered with

      The hell it isn't.

      • Blogger: Blah blah something inconventient blah
      • Lawyer: I don't want you to say that
      • Blogger: Sorry. It's protected speech.
      • Lawyer: I'll give you something else to do then. Bring out all records since the second you were born, package them up, and come all the way out to me so that I can verbally harass you. That should keep you so busy that you don't have time to say stuff I find inconvenient. It should also keep you so busy that you can't actually do anything else with your life (like work, take care of your kids, etc) either.


      It's not about denying someone their rights.

      It's about exerting social influence on them to distract/prevent them from exercising those rights.

      And, failing that, it's about creating pain points when one decides to exercise those rights. Like electroshock therapy. Sure, nothing's STOPPING you from doing "Activity A", but if you get a painful jolt every time you do "Activity A", you'll soon find that you either reduce or completely stop doing "Activity A".

      --


      Chas - The one, the only.
      THANK GOD!!!
    12. Re:This is why people hate lawyers... by void* · · Score: 3, Insightful

      Except that subpoenas are basically orders from the court to appear, and the courts are government institutions.

      If I can exert governmental authority, through the use of subpoenas, to harass you into not saying bad things about me, that is definitely a free speech issue.

      --


      Code or be coded.
  4. Re:Silent Spring all over again by rbphilip · · Score: 4, Insightful

    Except, of course, that there is no evidence that vaccines harm children. Or adults.

  5. Re:Silent Spring all over again by brianf711 · · Score: 5, Insightful

    What do you think the cost-benefit ratio is for reducing measles, mumps, polio, small pox, diptheria, strep pneumonia, N. meningitis HPV, etc? Between that and no known link between vaccination and autism, I think such a belief against vaccinations is one not based on evidence and one that is not reasonable.

  6. Man it's cold by techpawn · · Score: 3, Funny

    I thought it was Spring! What's that chilling effect in the air I feel?

    --
    Ask not what you can do for your country. Ask what your country did to you
  7. Lawyers by njmarine2001 · · Score: 3, Insightful

    Practicing the finest abuses of perceived power man has ever known.

  8. Blinded by the light by Dachannien · · Score: 5, Interesting

    It's incredible the amount of unsubstantiated credence that some parents of autistic children will give to the thimerosal hypothesis. For example, Jenny McCarthy (who has an autistic child, and I have sympathy for her since it can't be easy) was on Larry King Live the other day, sititng next to someone who was there to debunk the supposed link between autism and thimerosal. His arguments were grounded in science, but she would not be moved, and she was extremely animated and emotional over any suggestion that thimerosal isn't to blame.

    I suppose, in some sense, that it's like telling her that her religion is wrong.

    1. Re:Blinded by the light by wattrlz · · Score: 2, Insightful

      There's also the issue that if she can't blame someone else the only obvious alternative is to blame herself. Something few people would willingly face the possibility of doing.

    2. Re:Blinded by the light by Oxy+the+moron · · Score: 5, Insightful

      As a father of an autistic child, I can totally understand an emotional and illogical response to the suggestion of a Thimerosal/autism link. Believe me, at first it had me somewhat enraged as well. In light of some other drugs that have come under fire in past years for either under-delivering on promises or outright harming people that take them, it only makes sense that some people are going to look at a statement like that and say "Oh, look, something *else* the FDA missed!"

      The problem is most people nowadays seem to either 1) lack the capacity to think for themselves (either mentally or as a result of time constraints, etc.) 2) lack the desire to think for themselves. After all, why bother doing that when someone else has already done it for me?

      I also think that both sides are sitting too much in the area of absolutes. It seems that most scientists insist that *every* vaccine is safe for *every* child, and the inverse is true for those who think Thimerosal causes autism. Obviously, just the mere presence of Thimerosal doesn't cause autism, because if it did we'd all be autistic. But at the same time, I don't think it's unreasonable to believe that the large number of vaccines that are administered at once nowadays, along with other possible factors, are at the source.

      Autism can be very difficult to work with as a parent, and I hope they find out the cause/cure soon. But flying off the handle, on either side, isn't going to get it done.

      --

      Proudly supporting the Libertarian Party.

    3. Re:Blinded by the light by tthomas48 · · Score: 5, Insightful

      Scientists don't "insist that *every* vaccine is safe for *every* child". They insist that the small number of side effects in the small number of children is far better than the massive side effects (like death) of having to treat the diseases in large populations including children. They are fully aware that there are going to be a tiny number of kids that have negative reactions to vaccines. That doesn't outweigh the number of deaths that are prevented by getting rid of these diseases.

      And these are planetary efforts. Sure in the US most of these diseases are not going to kill your kid (unless they're born prematurely), but outside the US these childhood diseases are much more serious. Vaccines are for the good of mankind.

    4. Re:Blinded by the light by geekoid · · Score: 3, Insightful

      "It seems that most scientists insist that *every* vaccine is safe for *every* child,"
      Unless a child has an allergy to something in the vaccine, they are.

      "I don't think it's unreasonable to believe that the large number of vaccines that are administered at once nowadays, along with other possible factors, are at the source."

      Actually it is unreasonable.
      It wasn't unreasonable to look at that possibility, but it has been shown not to be the cause many times.

      "Autism can be very difficult to work with as a parent, "
      no doubt, but continuing to say 'maybe' to the vaccine issue doesn't help.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    5. Re:Blinded by the light by samkass · · Score: 2, Interesting

      The biggest problem with the situation is that the over-reactive parents are making the scientists defensive, and it becomes impossible to objectively discuss the evidence without appearing to "cave in".

      Autism rates over time do not match vaccination rates over time, nor do they match vaccination rates across national boundaries, nor do they match national Thimerosal usage rates. However, that does NOT mean that a vaccine didn't trigger a particular case of autism. It could very well be that the child would have had autism triggered the first time they had a significant immune response and/or fever for anything, and the vaccine happened to be the culprit in that case. If they hadn't been vaccinated, their first serious cold, rotavirus, or whatnot would have been the trigger. If that hypothesis is correct, vaccine rates wouldn't track autism rates at all (since the kids who would have gotten autism would still get it) but from the parents point of view many vaccinations would trigger autism.

      Thus, the problem is that I think scientists are afraid to risk their career tracking down some of these links that really could help children. Perhaps there is a potential drug for at-risk children that prevents their immune system-- if that is what triggers autism-- from doing the Bad Thing it does to these children. We'll probably never know, because who wants to research it now?

      Vaccines are already largely unprofitable (contrary to most accusations from parents). They're usually administered 1-3 times in a person's life, carry a high risk of lawsuit, and have to be pretty cheap to get anyone to use it. That's why so few manufacturers make it, and why the government has to artificially inflate the market in order to get enough flu vaccines and such.

      In any case, I'd love to see the hyperbole settle down and not have every court case where some child got a sky-high fever from a vaccine that caused brain damage be labeled as some sort of admission... these people need to just settle down, vaccinate for the "big ones" only if that's what they want, and get on with life as best they can.

      --
      E pluribus unum
    6. Re:Blinded by the light by jcr · · Score: 4, Insightful

      It seems that most scientists insist that *every* vaccine is safe for *every* child,

      Not even close. What they do say, is that the chances of side-effects from vaccines are less than the hazards of the disease that the vaccine prevents.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    7. Re:Blinded by the light by Colonel+Korn · · Score: 4, Insightful

      No, it's not meant to be for your own good. Mass vaccination policy is in place for the good of the population. If 95% of people get vaccinated for Pluto's Spotted Canker Sores, then 5% of the population remains a nice breeding ground for it, allowing the disease to sustain itself and mutate into more dangerous varieties. This is somewhat similar to the avian flu threat we face today, which is largely caused by the lack of genetic diversity in chicken populations. The uniformity of chicken immune systems acts like the uniform lack of vaccine in humans, allowing new disease strains to come into being and multiply in a friendly environment before spreading to the rest of us.

      --
      "I zero-index my hamsters" - Willtor (147206)
    8. Re:Blinded by the light by cdrguru · · Score: 2, Insightful

      The reason you, your children and everyone else in your community needs to be vaccinated is real simple. The biggest risk is losing something called "herd immunity" where today most of these diseases that are being vaccinated against are rare and not life-threatening in the US could spiral out of control if they were allowed a safe haven.

      While today a case of pertussis is almost unheard of this was not the case 150 years ago. But at the same time it cannot be assumed that this disease is "extinct" in any fashion. It is that most people in the US are vaccinated against it so there are no hosts for it. Turn that around with people not being vaccinated for it - even in numbers like 5-10% of the population - and we would see outbreaks of the disease.

      Similarly, in no way can it be assumed that a childhood vaccination lasts a lifetime. It was assumed this would be the case in the early 20th Century but since proven not to be true. However, there are no outbreaks of these diseases in the population simply because there are no hosts and any potential outbreaks are bounded by a majority of the population being vaccinated.

      It is my understanding that most children are excellent disease vectors. They touch things and touch others with a frequency that is not present in adults. Therefore it makes sense to vaccinate the most vulnerable and most likely to transfer the disease to others while leaving the rest of the population to work with a declining immunity carried from childhood.

      Sure, if we stopped manditory vaccinations we would all be "freer". But we would also be a lot sicker. This is not an experiment that needs to be done. With any sense of historical context it can easily be shown as already having been proven. We need to learn from history and avoid repeating it.

    9. Re:Blinded by the light by tthomas48 · · Score: 4, Insightful

      "'cause we know how well those pan out. "
      According to wikipedia 300-500 million people died of smallpox in the 20th century. It was irradicated via vaccine in 1979.

      Ok, first of all Thermisol is a preservative. It doesn't have to be in vaccines. It did not do anything to help your body. And autism cases have increased since they removed it.

      "If it works, your kid had it and won't get Pluto's Spotted Canker Sores."
      If it works your kid gets antibodies and won't get paralyzed by Polio.

      "If it doesn't, why do I have to take it anyway?"
      This is a common argument. Social Darwanism would seem to say this would be desirable. If you're not intelligent enough to recognize the value of vaccines then your children should be free to die from early childhood diseases and no longer populate the gene pool with your particular brand of ignorance.

      Except that this doesn't happen in the US the fact that everyone else is vaccinated means that the chance of your child getting a horrible disease is pretty low. You can piggyback off the immunity of others.

      The problem is that your child becomes a host for disease. Those bugs are free to use your child to breed and spread. They're also able to use your child to mutate into new strains that can bypass the antibodies created by the vaccines in the healthy population. And your kid can wipe out 5% of the kids in the US. That's why vaccines are mandated.

      The main reason that this is an issue is because we really don't have any horrible childhood diseases anymore, so no one remembers why we started this vaccinating stuff in the first place.

  9. Least it's not the Canadian Hate Crimes Commission by Nova+Express · · Score: 2, Interesting
    While this a is a clear case of trial lawyers using our broken tort system discourage free speech, at least it's not being carried out by a government trying to silence someone with the full weight of the law. Unlike Mark Steyn's persecution before the Canadian Human Rights Commission for the charge of "hate crimes." That commission explicitly stated that there's no right to free speech in Canada:



    "Freedom of speech is an American concept, so I don't give it any value.



    Wrong on all counts, but the 1st Amendment does provide protections for free speech not available in many other countries, so I hope we see this particular instance of tort abuse smacked down hard.

    --
    Lawrence Person (lawrencepersonh@gmailh.com (remove all "h"s to mail)

    http://www.lawrenceperson.com/

  10. Some idea of what their doing by Anonymous Coward · · Score: 5, Interesting

    They want to make sure she wasn't being paid to blog by the pharmacutical companies for their impending suit with them. Is it dirty? Yep. Is it wrong? No

    1. Re:Some idea of what their doing by Anonymous+Cowpat · · Score: 2, Insightful

      well ok, they can have a 2 minute deposition wherein they ask her 'are you being paid by the pharmacutical companies?'. Depositions are given under oath (or, at least, lying counts as perjury). If they subsequently believe that she may have lied and can build a reasonable case to show that that may be the case, they can issue a more wide-ranging subpoena later. As it is, they're swanning over and demanding that she prove that she isn't in the pocket of the pharma companies - note that that's asking her to prove a negative, which is basically impossible.

      --
      FGD 135
  11. What is the judge thinking? by vinn01 · · Score: 5, Insightful

    The lawyer may be a sick farker, but the judge who allows this, without sanction, is even sicker.

    Third party subpoenas should be looked at under a microscope for relevance. This lady didn't manufacture, sell, or administrate the vaccine in question. What does she have to do with the underlying lawsuit?

    1. Re:What is the judge thinking? by russotto · · Score: 5, Informative

      Subpoenas can be issued without any judge looking at them; they're filed with the court by the attorney and then served. It's up to the poor slob served to file a motion to quash (which she has). Punishment through subpoenas and the discovery process in general is nothing new, alas.

  12. Re:Silent Spring all over again by Anonymous Coward · · Score: 4, Funny

    So it's exactly like "Silent Spring" then.

  13. Re:Silent Spring all over again by MightyMartian · · Score: 5, Insightful

    Unfortunately people are not rational, and when they're child is stricken by such a disorder, rather than simply accepting that in a world full of luck good, bad and indifferent, they want to strike out, to make someone pay. There are plenty of things in the world that cause damage to children, but other than the odd bad batch, vaccines are not among them, at least as far as autism goes.

    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.
  14. Re:Silent Spring all over again by FooAtWFU · · Score: 4, Insightful

    Well, if Silent Spring was shown to be a crock, and people still bring it up as a bogeyman.... then yes, it's just like the vaccines (shown to be a crock, but with people still bringing it up as a bogeyman...) This just makes the comparison more valid! =)

    --
    The World Wide Web is dying. Soon, we shall have only the Internet.
  15. Subpoenas by GrifterCC · · Score: 5, Insightful

    I am not a lawyer, but you just wait about six months.

    The thing to understand about subpoenas is that in most states, once litigation commences, the lawyers (as officers of the court) for each side have the power to issue subpoenas to anyone who might have information relevant to the lawsuit.

    The major limitations on such subpoenas are ethical limitations (attorneys' behavior is governed by a complex but far-from-bright-line set of rules) and the rules against discovery abuse, which can be found at Fed. R. Civ. P. 37(b) and elsewhere. The decision to grant sanctions is up to the discretion of the court, which basically means that an appellate court will go with what the judge decides, unless, for example, the discovery sanction is death.

    However, it looks like Ms. Seidel is in good hands lawyer-wise. Her motion to quash the subpoena (the way that one tries to avoid having to comply) hits a lot of different theories and defenses, including the most important one: that the subpoena won't lead to discoverable evidence.

    Postscript of Surprise: The plaintiff's attorney filed the suit in the Eastern District of Virginia, a federal court whose nickname is "The Rocket Docket." The consensus among attorneys is that once you file a case there, you should go ahead and say goodbye to your family for a few months. Rather than let litigation drag out for years, the Rocket Docket judges set -extremely- aggressive discovery schedules. Filing any complaint there is ballsy, no less a thimerosal one, since whether thimerosal causes autism is far from crystal-clear. Long discovery would mean more time for the plaintiff to gather evidence (and for new autism studies to come out).

  16. She's already filed a motion to quash by cprael · · Score: 2, Informative

    The only thing that would surprise me is if the court _doesn't_ fine the lawyer that produced that thing. "Abuse of process" barely begins to touch the matter.

  17. Re:Least it's not the Canadian Hate Crimes Commiss by compro01 · · Score: 2, Informative

    that is correct.

    we recognize the concept of freedom of expression, subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

    --
    upon the advice of my lawyer, i have no sig at this time
  18. Re:Silent Spring all over again by jedidiah · · Score: 2, Insightful

    That's an assinine claim. At the very least you have to be worried about potential
    allergen issues with the components of various vaccines. Then there are various
    vaccines which have known "infection" rates.

    The whole POINT of vaccines is to be somewhat harmlful. That's how they work.

    If they were completely inert, they wouldn't do what they are designed for.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  19. How do you asses Blame? by mlwmohawk · · Score: 4, Insightful

    There's also the issue that if she can't blame someone else the only obvious alternative is to blame herself. Something few people would willingly face the possibility of doing.

    I find it difficult to believe that the parent of an autistic child is to be "blamed." At this stage in the game, no one knows what causes autism so it is too early to asses blame.

    1. Re:How do you asses Blame? by wattrlz · · Score: 4, Insightful

      There's also the issue that if she can't blame someone else the only obvious alternative is to blame herself. Something few people would willingly face the possibility of doing. I find it difficult to believe that the parent of an autistic child is to be "blamed." At this stage in the game, no one knows what causes autism so it is too early to asses blame. When something tragic happens it's a natural human response to try and assign blame. It doesn't have to make sense. It might not even be conscious, but people like to have reasons for things.
  20. Re:Silent Spring all over again by Planesdragon · · Score: 2, Insightful

    Not to mention that "Silent Spring" was shown to be a crock. Nope. DDT thins bird shells in trace amounts, and has a measurable effect on humans. Notice how it's not sprayed everywhere anymore?

    "Silent Spring" is no more a crock than "Y2K" was. The disaster was averted because America acted.
  21. Re:Silent Spring all over again by Planesdragon · · Score: 5, Informative

    DDT was completely awful and evil for saving millions of peoples lives in Africa. DDT is still perfectly legal to use for disease control, which is how it's used in Africa.

    It's not legal to use it how we WERE using it -- to get a slightly higher yield from wholly un-diseased agriculture.
  22. Re:Silent Spring all over again by megamerican · · Score: 2, Interesting

    Do you have any proof that these vaccines indeed were the major reason for all of these diseases? Could it not be the fact that the diet of the normal person became more healthy? Here is an interesting picture that illustrates my point.

    http://www.healingourchildren.net/Are_Vaccine_Safe/vaccine_side_effects_fall_in_death_rates.jpg

    It comes form this book:
    Medical Measures and the Decline of Mortality, John B. McKinlay, Sonja M. McKinlay, published in book, The Sociology of Health & Illness: Critical Perspectives, Peter Conrad

    A great documentary from 1998 called Vaccination - The Hidden Truth
    http://video.google.com/videoplay?docid=-6696666502913965744

    Please type in vaccines and alzheimer's into google as well.

    --
    If you have something that you dont want anyone to know, maybe you shouldnt be doing it in the first place -Eric Schmidt
  23. Re:Silent Spring all over again by MBCook · · Score: 5, Interesting

    Silent Spring was a crock in the overreaction that followed the book.

    We went from spraying DDT on everything, to nothing.

    There are films from the 40s and 50s where trucks would just drive down neighborhoods spraying DDT. They'd do it at public pools. No one thought anything of it. We way over used DDT.

    In the wake of the book, people overreacted and moved to basically ban DDT outright. Instead of spraying in a controlled manner (such as, say, only where mosquitoes are a problem), we stopped spraying it altogether despite the fact that it was incredibly effective and cheap.

    The book it's self was fine. As I remember Rachel Carson didn't argue to ban DDT but to be much more responsible in it's use. That really isn't what happened. It's that legacy (overreaction causing serious other problems) that people generally mean when they talk about Silent Spring being a crock.

    --
    Comment forecast: Bits of genius surrounded by a sea of mediocrity.
  24. I'd like to subpoena some clarification... by ZackZero · · Score: 2, Interesting

    Disclaimer: IANAL

    I am the sole proprietor of a number of domain names. All of them are paid for in full by myself, and none of them offer services or goods sold for monetary gain. I don't even collect donations myself, yet my host supports them (offering a means for people to donate directly to the hosting account for purposes of continuing services or upgrading those services.) Point being, were I to own a hypothetical blog in the same position as http://www.neurodiversity.com/ why would donation records need to be subpoenaed in the first place? Should people be in the mind to give to a site they support, shouldn't they be free to do so without having to worry about this? This subpoena seems rather similar to the McCarthy-era Communist witch-hunts in terminology used, such as referring to the turnover of the names of those who have donated.

    Also, since when is a blog classed as a taxable entity, and since when are blog owners required to submit tax documents on behalf of their blogs? If this is a necessary thing, it is something I haven't learned during my entire time in the dot-com scene.

    Again, IANAL, so tear it up in a respectful manner. I'd like to hear where my shortcomings are.

    1. Re:I'd like to subpoena some clarification... by Actually,+I+do+RTFA · · Score: 2, Informative

      This subpoena seems rather similar to the McCarthy-era Communist witch-hunts in terminology used, such as referring to the turnover of the names of those who have donated.

      I agree.

      Also, since when is a blog classed as a taxable entity, and since when are blog owners required to submit tax documents on behalf of their blogs?

      The subpoena asks for her tax records, bank info, etc. Not her blog's.

      ? Should people be in the mind to give to a site they support, shouldn't they be free to do so without having to worry about this?

      They should be...

      It seems as though there are numerous reasons why the subpoena would be quashed (it requires a 3rd party to travel over 100 miles, its overbroad and irrelevent to the matter at hand, etc. etc.) Basically, a subpoena is issued first without a judge looking at it. If the subpoena is objected to by the recipient, the judge takes a look. But subpoenas are initially stamped and filed by a clerk.

      IANAL.

      --
      Your ad here. Ask me how!
  25. Flashback! by iminplaya · · Score: 2, Insightful

    I mean dupe!

    Well, not the article so much as the discussion...We've already discussed vaccinations. This should be about overreaching subpoenas, which in this case goes way too far.

    --
    What?
    1. Re:Flashback! by MightyMartian · · Score: 4, Insightful

      I think it should go further, to the baseless lawsuits we see, that seem, at best, a legal strategy to humiliate or inconvenience someone or some organization or company into just paying to make it go away. The problem here is, of course, that vaccines have done an enormous amount of good, and I'd wager probably beat out antibiotics in the benefits to the general welfare of humanity.

      The long and the short is that a courtroom isn't the place to do scientific research, nor is it the place to review such research. The research is pretty clear that there is no link to autism. That should be the end of it. It shouldn't be about who can produce the most emotional appeal. It shouldn't be about who can send out the most threatening or largest quantities of subpoenas, it shouldn't be about who keep can keep discovery going forever, it should be about the facts. If the facts aren't there, the case should be tossed out. That's sort of how it works in criminal cases, where a grand jury convenes to determine whether there is, in fact, sufficient evidence to proceed. I think that should be mapped over to the civil system so cases like this (and even cases like SCO's IP claims) simply don't get into a courtroom until a preliminary jury can be convinced there's even a case there.

      There's never going to be a perfect legal system, but we can sure as hell reform the system sufficiently so that nuisance cases never go anywhere. And make no mistake, no matter how angry and distraught these parents are, that's exactly what it is, a baseless nuisance case, an abuse of the system, a waste of money, and I would support, despite the teary-eyed mothers who clearly have many problems to deal with, seeing them pay the defendants' fees, not because I like drug companies, but because I think the only way the system is going to be brought back down to earth is by making those who weight down the system with frivolous cases pay dearly for wasting the court's time.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
  26. Re:Silent Spring all over again by geekoid · · Score: 3, Interesting

    True. After studies where done that showed these effects.

    The studies trying to link Autism to Vaccines all clearly show no such link.
    On top of that, the rate of increase has stayed the same even after the removal of Themarisol.

    That not really a surprise considering it's a different type of mercury then that which causes developmental problems.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  27. This does put her free speech at risk by Skapare · · Score: 2, Insightful

    This does put her free speech at risk. That is not necessarily through a process that would order her to stop. Instead, this is a case of harassment and invasion of privacy as a result of her having exercised her free speech rights. It may well be an attempt by Mr. Shoemaker to discourage her from speaking. She, or someone else considering speaking on these matters, may be discouraged from doing so for fear of the costs and invasion of privacy due to such a subpoena.

    If Mr. Shoemaker had believed she had information relevant to the case, he could have simply asked for that. Instead, what he is asking for goes beyond what this case is about. We need to have legal procedures that mandate all subpoenas, even for discovery not carried out in the courtroom, be reviewed by the judge for relevance.

    --
    now we need to go OSS in diesel cars
  28. Well by their attorney's reasoning... by NIckGorton · · Score: 2, Funny

    I am going to sue Micro$oft and that will allow me to subpoena CowboyNeal's recored relating to any treatment for sexually transmitted diseases, psychopathology, and substance abuse. Like duh its obvious why his claptastic history would be pertinent.

  29. Re:Silent Spring all over again by MBCook · · Score: 3, Insightful

    I see that this is really the media's fault, to a large degree.

    We got really flimsy evidence of this link, which they trumpeted (because it was "sexy" and brought in eyeballs). When these studies were basically proven false, they got very little mention.

    So now what you see is every once in a while a story is done about these things. They show some doctor saying "that's nonsense, you should be more afraid of scarlet fever." Then you see 4 crying mothers talking about how doctors ruined her kid's life. They are given equal weight.

    So people don't get the right picture. They get a skewed one. They glamorize the "poor mothers" who get outpourings of grief. They play on people's fears. They don't deal with the elephant in the room.

    The people who do these kinds of suits are either really stupid, or not finished grieving. The people that take it this far (make sites devoted to it, sue everyone involved, etc) are quite probably just in the "anger" stage of grief. They are looking for anyone or anything to blame so that it's not their fault, it's not random, etc. People prefer concrete incorrect answers (it's the mercury) to abstract correct answers (some kids just develop that way).

    They don't talk about how these kind of things could be because of grief. They don't talk about how there is basically no evidence. They try to get viewers. The lawyers go for the long shot cash and the good publicity. Both are taking advantage of people operating out of grief.

    --
    Comment forecast: Bits of genius surrounded by a sea of mediocrity.
  30. The H-word by Nom+du+Keyboard · · Score: 2, Insightful

    This is nothing more than sheer harassment disguised as a blatant fishing expedition.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  31. Thimerisol has not been debunked. by Vitriol+Angst · · Score: 2, Interesting

    A medical review board just agreed that Thimerisol, and specific conditions in a young girl were responsible for causing her Autism.
    This one case does not prove all instances -- but it opens the door.
    In her case she had a mutation in her mitochondria that caused them to have reduced function. They found that the combination, and multiple immunizations, along with the mercury, overburdened her Immune system. So, it may be a combination effect; the low-level mercury poisoning (and I don't call add mercury to anyone by another name), combined with multiple immunizations, can cause Autism.

    Now, the connection with the mutated mitochondria does not mean in itself that this is a freak instance, because underperforming mitochondria appear in about 20% of Autistic people.

    I find the whole "debunking" thing these days, to highly favor well paid corporations. Bill Frist got lots of money from Eli Lilly, and he dutifully tried to put an immunity clause for them in 5 different bills. Finally, they got their clause into the Patriot Act II. Then we have to look at the lobbyists turned government oversight bureaucrats in the EPA, FDA and CDC -- oh heck, even NASA. They put a man who had an unhealthy liking for underage boys in charge of Child Endangerment. So, unfortunately, what "debunking" in the US could anyone trust?

    Tell me the dollar amount donated by lobbyists on any issue, and I'll tell you the results of how this government will act on it.

    --
    >>"ad space available -- low rates!!!"
    1. Re:Thimerisol has not been debunked. by geekoid · · Score: 3, Informative

      No, that is incorrect.
      "A medical review board just agreed that Thimerisol, and specific conditions in a young girl were responsible for causing her Autism."

      that is NOT what happened, stop it. You ahve completely misunderstood it.

      and

      "mercury "
      No it's the wrong kind of mercury. It is NOT the same stuff that comes in thermometers.

      "I find the whole "debunking" thing these days, to highly favor well paid corporations."

      really? I find it to be favoring the truth. as it turns out many corporation are actually telling the truth.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    2. Re:Thimerisol has not been debunked. by Fantastic+Lad · · Score: 2, Insightful
      that is NOT what happened, stop it. You ahve completely misunderstood it.


      That gets modded informative? A note to the wise moderator: "Informative" presupposes the contribution of information. Whereas what we have here amounts to an authoritative-sounding chin-jutting, "Is Not!" with nothing of any material to back it up. Children argue like this, and it should be pointed out that an adult who argues like this is likely to maintain other over-simplified thought patterns which will naturally extend to their belief systems.

      No it's the wrong kind of mercury. It is NOT the same stuff that comes in thermometers.

      Metallic Mercury doesn't dissolve in water and is not useful in pharmaceuticals, so it is bonded into an organic molecule, C9H9HgNaO2S, (Thiomersal), which metabolizes in the human body into C2H5ClHg (Ethyl Mercury). Ethyl Mercury, however, is indeed toxic.

      # Very toxic by inhalation, in contact with skin and if swallowed.
      # Danger of cumulative effects.
      # Very toxic to aquatic organisms, may cause long-term adverse effects in the aquatic environment.

      (It's worth adding that these material safety data sheets generally assume that the substance isn't going to be injected into the subject.)

      --There has been a study reported by those who champion the medical establishment which demonstrate that Ethyl Mercury clears from the human body about three times more quickly than its cousin, Methyl Mercury. But Methyl Mercury is also not the "stuff that comes in thermometers", which for the most part isn't terribly dangerous unless inhaled in a vapor form which allows it entry through the lungs and into the blood stream where the problems begin. The relevance of this study stems from recent regulatory limitations placed on Thiomersal use having been based on health-safety studies of Methyl Mercury and it's longer half-life in the human body.

      However, complaining that Ethyl Mercury is not the same as the stuff in thermometers when its toxicity is in fact very well established seems both irrelevant and a bit weird.

      As it turns out, Thiomersal use has been reduced in most vaccines as a result of these recent health regulations, (from about 2001). The one exception is the flu-shot.

      really? I find it to be favoring the truth. as it turns out many corporation are actually telling the truth.

      A lot of spin is indeed true in a "letter of the law" kind of way. That's why it's called 'spin'.

      But it's also true that corporations tell lots of baldfaced lies, both directly and through omission. They do this because it is very profitable to not have to clean up after yourself or behave responsibly. It's forgivable to be fooled by the corporate spin-doctor; the point of spin, silence and lies is to deceive, but once a person has seen the mountains of evidence of moral bankruptcy, to continue insisting that problems are not there seems very strange to me. It's almost as though this poster has tied strongly his ego and sense of self-worth to the idea that he stands against those who over-react, and has through this allowed the area he defends to grow larger than is truly deserving. That is, if he concedes that the people he opposes might be a little bit right, it would mean that he is a little bit wrong, which the ego finds utterly unacceptable. I find it is important to regularly watch out for these kinds of thought patterns so that they don't creep in and infect one's mind. Egotism can be seductive to the best of us.


      -FL

  32. Re:Silent Spring all over again by blueswan1 · · Score: 4, Interesting

    Here is how Dixy Lee Ray (with Lou Guzzo) described events (Trashing the Planet, page 69) [note: Ray has the timing wrong, the spraying was stopped in 1964, not the late 60s]:

    Public health statistics from Sri Lanka testify to the effectiveness of the spraying program. In 1948, before the use of DDT, there were 2.8 million cases of malaria. By 1963, there were only 17. Low levels of infection continued until the late 1960s, when the attacks on DDT in the U.S. convinced officials to suspend spraying. In 1968, there were one million cases of malaria. In 1969, the number reached 2.5 million, back to the pre-DDT levels. Moreover, by 1972, the largely unsubstantiated charges against DDT in the United States had a worldwide effect. In 1970, of two billion people living in malaria regions, 79 percent were protected and the expectation was that malaria would be eradicated. Six years after the United States banned DDT, there were 800 million cases of malaria and 8.2 million deaths per year. Even worse, because eradication programs were halted at a critical time, resistant malaria is now widespread and travelers could take it home.

    From: http://info-pollution.com/ddtban.htm
  33. Re:Silent Spring all over again by Colonel+Korn · · Score: 5, Insightful

    Personal anecdotal nonevidence beats reason and statistics every time. This is why humanity will fail.

    --
    "I zero-index my hamsters" - Willtor (147206)
  34. Re:Silent Spring all over again by matria · · Score: 2, Interesting

    Actually, how it's often used in Africa is to dump barrels of it in the river or lake, then go out and gather up all the dead fish.

  35. Correct spelling by Skapare · · Score: 3, Informative

    Thiomersal is one of those words that is more misspelled (as "thimerosal") than spelled correctly (according to hit counts from a Google Search). Both the blogger and the lawyer in this case have it wrong. More info is at http://www.who.int/vaccine_safety/topics/thiomersal/questions/en/ and http://www.who.int/vaccine_safety/topics/thiomersal/en/index.html. Also see http://www.pubmedcentral.nih.gov/articlerender.fcgi?artid=516680.

    --
    now we need to go OSS in diesel cars
    1. Re:Correct spelling by ceejayoz · · Score: 2, Informative

      It's not misspelled, there are multiple spellings.

      http://www.fda.gov/cber/vaccine/thimfaq.htm

  36. Re:Silent Spring all over again by MBCook · · Score: 2, Informative

    It's not a finishing, but an acceptance. When people get into this kind of mode, their progress through the grieving process stops. It's easy to make your whole life about this, and you get stuck in that pain and unhappiness.

    Say she wins this. Say she gets a constitutional amendment to ban these kinds of additives forever. Where does that leave her?

    She won't have her kid back. She won't have her adopted mission of getting rid of this stuff and making things "right" because she will have done that. She'll either move on (which she could do now, probably with some good counseling), find a new cause (cure autism, and be in the same state forever), or she can be purposeless and become more depressed.

    People in these situations don't want to deal with reality (in this case, that her kid is autistic and there is nothing she can do) so she is doing everything she can to focus on something she thinks she can control: this battle.

    What she is doing she is either doing out of mental illness (unlikely), or a ton of pain (most probable). It's rather sad. Even more sad is the people taking advantage of her and others like her.

    --
    Comment forecast: Bits of genius surrounded by a sea of mediocrity.
  37. It would not surprise me by Skapare · · Score: 2, Informative

    It would NOT surprise ME if the court did NOT fine the lawyer. Many courts (maybe most) do let lawyers get away with abuse of process like this quite often. We'll have to see how this one turns out.

    --
    now we need to go OSS in diesel cars
  38. Re:Silent Spring all over again by CowTipperGore · · Score: 2, Informative

    wrong, Wrong, WRONG.

    GAHHHHHH! WRONG.

    While your well-developed argument was initially convincing, I believe you may be wrong. Put simply, a vaccine works by causing the immune system to respond without the need for you to get a full-blown infection/disease. Many, if not most, commonly-used vaccines put a live virus in your body, albeit one that has been grown in a way to ensure they are weaker. Some use a closely-related but less dangerous strain. Regardless, the idea behind a vaccine is to elicit a response from your body's defense system, without causing a major reaction. That sounds a whole lot like what jedidiah said.
  39. Re:Silent Spring all over again by Toonol · · Score: 4, Insightful

    You're not going to convince ME there was no link. I was there. Show me all the studies showing red is really green you want and I'll be convinced that the researcher is color blind or dishonest.

    You're evidently (and self-admittedly) irrational about the subject. I understand your feelings, but feelings don't determine facts. You can rage, ignore, or refuse to let facts influence you, but they will remain facts.

    If Autism is ever to be cured or prevented, by the way, it will be by somebody who respects facts. This vaccine controversy is a huge distraction from what we should be doing.

  40. Re:Silent Spring all over again by Anonymous Coward · · Score: 2, Insightful

    You're not going to convince ME there was no link. I was there. Emotion isn't justification. It's just emotion.

    I am sorry for your pain, but your post wasn't anywhere near analytical discourse.

  41. Re:Silent Spring all over again by brianf711 · · Score: 5, Interesting
    Sorry to hear about your daughter.

    I've since come to realise that she's autistic. You said she was diagnosed with mental retardation, but you realized she was autistic, which has confused me. Was diagnosed with autism or do you think she is autistic despite a diagnosis of mental retardation (these are not the same entities)? Autism is usually characterized by decreased communication skills and decreased socialization. You haven't described anything like that, so she may not actually be autistic, or you have just not described those. It should also be noted that for autism to be diagnosed, the symptoms have to start by three years of age, I believe. If childhood vaccines are given frequently during this time, it is not unlikely that a significant number of people will notice an association between a vaccine panel and the first onset of the symptoms of autism by mere chance alone. I'm sure this could even be quantified, but I don't have the time.

    You're not going to convince ME there was no link. ...Show me all the studies showing red is really green you want and I'll be convinced that the researcher is color blind or dishonest. So you are saying you will ignore any evidence and all reason?

    My friend Mike had polio (which has been completely eradicated in this country so there's no excuse for polio vaccinations here any more) as a child and he walks with a limp and one hand doesn't work well, but he has a productive job. Polio is still found in some of India, so I think the idea is to vaccinate until it is eradicated. Also, the morbidity is unacceptable for a preventable disease. You are saying, effectively, a little limp and loss of the use of a hand never hurt anyone.

    Small pox and diptheria are gone, no need to vaccinate against them either. Small pox vaccinations stopped in the 1970s, several years after it was eradicated. Diptheria isn't eradicated.

    AFAIK there is no vaccine for meningitis. There is for bacterial meningitis caused by Neisseria meningitidis: http://en.wikipedia.org/wiki/Meningococcus, for bacterial meningitis caused by streptococcus pneumoniae strains: http://en.wikipedia.org/wiki/Pneumovax and for bacterial meningitis caused by haemophilus influenzae B: http://en.wikipedia.org/wiki/Haemophilus_influenzae. I am not saying that vaccines can never do any harm, but that it is rare and grossly outweighed by the benefits. I seriously doubt your daughters mental disorder was caused by MMR vaccine (which has been well studied and refuted, and the original paper showing the link has since been retracted, but given your own admission of not believing any published evidence to the contrary, I imagine this is just wasted time on my part. However, I would like you to consider what ill may have fallen on your other daughter had neither of them been vaccinated.
  42. Atheist Mythology by onkelonkel · · Score: 3, Informative

    Atheist Mythology??? Giordano Bruno was burned at the stake in 1600 by the Roman Catholic inquisition for espousing Copernican Astronomy.

    --
    None of them can see the clouds; The polished wings don't care.
  43. Money quote from Motion to Quash by joseph449008 · · Score: 5, Interesting
    From Kathleen Seidel's Motion to Quash:

    17. The subpoena was not issued in good faith because its manifest purpose is not to elicit information relevant to determining Bayer's liability for Wesley Sykes' medical and developmental problems, but to indulge his parents' and their attorney's curiosity about my motivations and associations; to aggressively communicate their suspicion that I am not merely a fellow citizen who openly, intelligently and conscientiously disagrees with their public statements and actions, but a covert agent of the government, the pharmaceutical industry, or some other hidden force; to disrupt my relationships with my associates and news sources; and to intimidate, harass and retaliate against me for exercising my constitutional right to report and express opinions about matters of widespread public interest in which plaintiffs and plaintiffs' counsel are involved. These are not legitimate reasons to invoke the judicial subpoena power. Indeed, in so doing, Mr. Shoemaker has engaged in a sanctionable abuse of his authority as an officer of the court.

    WHEREFORE, Kathleen Seidel prays her motion to quash this unconstitutional, unreasonable, irrelevant, excessive, invasive, burdensome, frivolous, and clearly retaliatory subpoena be ALLOWED.
  44. Look at the craziness.... by Actually,+I+do+RTFA · · Score: 2, Interesting

    Go to the subpoena. Go to page three, and read the list of names. Some highlights in this legal document: Killer of Sacred Cows; the Misbehavior of Behaviorologist (discussion board), meow meow meow... blah blah blah, and a HYPERLINK written out.

    --
    Your ad here. Ask me how!
  45. Re:Silent Spring all over again by The+Great+Pretender · · Score: 4, Informative
    Hold on. Do you really believe that in less than 24 hours, after one shot of thimerisol your daughter became autistic? I'm sorry, but I do think that you are forcing a reason into a vacuum of understanding.

    I'm a father of a 2 year old (who has had all the vaccinations), I also spent 7 years working in the area of mercury control, including thimerisol. Hg is nasty in most forms, but typically it takes a period of long exposure and bioaccumulation for someone to be affected. There are the cases where Hg containing substances have a lethal effect, but in these cases the effect is so potent that they would impact every person that came into contact with it, and we know from the statistics that this is not the case with thimerisol.

    Think about this statement, my grandmother was perfectly fine and then one day I bought her new alumnium pots, within a week (more than 24 hours) she was diagnosed with Altzhiemers...it must have been my fault!!

    --
    A positive attitude may not solve all your problems, but it will annoy enough people to make it worth the effort.
  46. before we all jump to her defense... by buddyglass · · Score: 2, Insightful

    Reading between the lines, in issuing the subpoena, Shoemaker seems to be trying to determine whether Seidl is, in fact, being compensated by Bayer to act as an agent for their propaganda.

    If she's just an innocent blogger then yeah, this sounds like gigantic invasion of privacy. But if she's really just a shill for Big Pharma...well, then it's a little harder to muster up sympathy.

  47. Before crying wolf... by Thondermonst · · Score: 2, Interesting

    Mmmm, I'm skeptical about this one. As a lawyer, why would you do such a thing? You'll make your client and yourself very impopular, anyone could tell that in advance. So, he must have got damn good reasons. My guess is he wants to prove that she gets paid by Bayer (and after reading some articles on her blog, she probably does). I have looked into HPV and the massive lobbying that is going worldwide to install mandatory vaccinations and I have seen how, in this case, Merck, has had blogs put up to promote the idea and has paid bloggers to write about the dangers of HPV and the connection with cancer. So, think twice before crying wolf.

  48. Re:False dichotomy by slimjim8094 · · Score: 3, Interesting

    Many (most?) people would argue that vaccinations for kids need to be mandatory, especially in schools. The potential of a massive epidemic is too high, and too easily preventable, to be ignored.

    Vaccines should always be tested, but they have a proven, long track record.

    This is a lot like taking seatbelts out of cars because they break ribs - except seatbelts obviously do break ribs, while these vaccines causing autism is a much more foggy link.

    --
    I have developed a truly marvelous proof of this comment, which this signature is too narrow to contain.
  49. Re:Silent Spring all over again by tomdcc · · Score: 3, Informative
    Oh boy, the DDT myth again. Amazing how someone can mention DDT spraying in Sri Lanka and yet fail to mention that Sri Lanka resumed spraying but the mosquitoes had developed resistance to DDT, presumed to be as a result of wide scale agricultural spraying. That's one of the the real reasons for the third world cutting back on agricultural use of DDT: it left them with DDT resistant mosquitoes. Other countries stopped agricultural use because they had to export food to countries that didn't want DDT-sprayed food, etc. Did you actually read the whole page of the link you posted? That page was arguing against Dixy Lee Ray's version of events:

    There were suspensions in the spraying programs, but they were not the result of any "environmental hysteria". To understand what actually happened, it is necessary to learn about the realities of pesticide use. One of the major problems with using pesticides is that insect populations soon develop resistance to the chemicals. Insects resistant to DDT began appearing one year after its first public health use (Garrett, page 50). As new insecticides were introduced, resistance to them also developed. Much of Silent Spring is a cataloging of reports of resistance to insecticides. With the problem of mosquito resistance to DDT in mind, a plan to eradicate malaria was developed--several years of spraying, accompanied by treating patients with anti-malaria drugs, would be followed by several years of monitoring... Please, people, stop perpetuating this myth.
  50. Re:Silent Spring all over again by tomdcc · · Score: 2, Interesting

    Silent Spring was a crock in the overreaction that followed the book.

    We went from spraying DDT on everything, to nothing.

    Exception that's not actually what happened. DDT wasn't banned in the US until 1972, and yet some developing countries (Sri Lanka is the most widely used example) had already suspended spraying as a Malaria control measure in the 60's, as the mosquitoes had developed resistance to DDT, presumed to be from agricultural spraying. Wikipedia has a reasonable (if short) summary.
  51. Borg 2008 by redstar427 · · Score: 2, Funny

    We geeks need to get out of the basement and put our collective intelligence to work. So THAT'S how the Borg got started!
    --
    "Two things are infinite: the universe and human stupidity; and I'm not sure about the universe." Albert Einstein
  52. Re:Silent Spring all over again by uniquename72 · · Score: 2, Funny

    It's still banned though, because people fear global warming and other such nonsense. I don't usually feed trolls, but...

    lolwut?
  53. Re:Silent Spring all over again by Basje · · Score: 3, Informative

    Actually, the immune system does not react to the virus itself, but to the proteins around it. For a vaccine to be effective it's therefore not necessary to contain the virus, but only its protein coat.

    However, many (most, all?) vaccines are produced by producing the virus with its coat and then disabling the virus, keeping the coat or at least its proteins intact.

    Mercury may be used to disable some viruses in this way, thus ending up with a mercury containing vaccine.

    --
    the pun is mightier than the sword
  54. DDT by falconwolf · · Score: 4, Interesting

    DDT didn't cause the thinning. It's still banned though, because people fear global warming and other such nonsense.

    "In the 1950s, the World Health Organization (WTO) dropped DDT on the island of Borneo to control mosquitoes, resulting in two unexpected events. First, homes collapsed under the weight of hornets' nests that died and hardened from the DDT; and second, and more troubling, there was an outbreak of bubonic plague because the DDT affected the island's animal nutrient cycle. Small animals (lizards, insects, etc.) became sluggish, while larger animals such as cats ended up with toxic levels of DDT from consumption of smaller creatures. Eventually, all the cats died, leading to an increase in the rat population and an outbreak of bubonic plague. The WTO's solution--which worked--was to airdrop cats to deal with the rat problem, which, in turn, addressed the bubonic plague problem."

    Falcon
  55. Re:Silent Spring all over again by Chris+Burke · · Score: 2, Informative

    Except that there is no evidence that DDT caused the thinning, and, in fact, the shells have continued to thin long after DDT use had stopped.

    No, they didn't, once you account for the time it takes for the DDT to leave the food chain. Birds of prey consumed DDT by eating other things that had absorbed DDT from the environment, perhaps by themselves eating other things, so until all the DDT is gone from the environment, and every animal up the food chain that had absorbed some was dead, the birds were still being damaged. And very shortly after the ban, the populations of birds that despite being protected had continued to decline rapidly began to recover. The bald eagle is safely off of the list of endangered species because of the DDT ban.

    There is tons of evidence that DDT was killing these birds and damaging their eggs and young (many of the young whose shells didn't crack still died due to DDT poisoning).

    --

    The enemies of Democracy are
  56. Re:liberty by LeafOnTheWind · · Score: 2, Insightful

    Actually, this is fairly simple. We know that vaccines work - case in point, the smallpox vaccine. Denying that you present a definite health risk to society by not being vaccinated against communicable diseases is illogical and dangerous.

    On the other hand, if you're talking about non-communicable diseases - screw up your life however you like, I don't care.

  57. Damn. by seebs · · Score: 2

    That's scary and abusive.

    It costs here a huge amount of money and time to comply, all because some jerkoff lawyer didn't like something she said.

    --
    My blog: http://www.seebs.net/log/ --- My iPhone/iPad app: http://www.seebs.net/seebsfrac/
  58. Re:DDT by donscarletti · · Score: 2, Insightful

    Homes collapsed under the weight of hornets' nests that died and hardened from the DDT

    That's not logical in the slightest, hardened hornet's nests should dry out and get lighter, not heavier. Even if DDT somehow manage to double the weight of a hornet nest, if a house had almost enough hornets nests to collapse the roof by weight, the house would be uninhabitable anyway.

    The houses really collapsed because DDT killed the parasitic wasps that kept certain thatch eating caterpillars under control. I read about that here.

    while larger animals such as cats ended up with toxic levels of DDT from consumption of smaller creatures

    Firstly, I find it unlikely that the rat population was controlled by domestic housepets, these "cats" do not refer to an indigenous species in the island but Felis Catus which were kept in houses. Secondly DDT isn't like mercury, it doesn't just accumulate in a predator's body and work its way up the food chain, it leaves the body. DDT just isn't all that toxic to mammals, it would take a hell of a lot to kill a cat. Sure, longterm exposure to DDT has effects, like an increase in cancer but nothing that could cause the local extinction of a whole cat population. Anyway, if DDT were killing the cat population, why not other species that eat small lizards and bugs, like rats for example? Finally, DDT stays around in the environment for a long time (one of its main controversial traits) why would these new cats simply not die?

    Ecosystems are complex things and killing all the insects is such a huge thing that it's going to have some complex repercussions. Luckily Silent Spring came out a couple of years later and since it is now commonly accepted that DDT kills absolutely everything, they can just pin it on nasty DDT killing the cute fluffy kittens (because it's evil) and be done with it.

    --
    When Argumentum ad Hominem falls short, try Argumentum ad Matrem
  59. Re:DDT by falconwolf · · Score: 3, Informative

    Secondly DDT isn't like mercury, it doesn't just accumulate in a predator's body and work its way up the food chain, it leaves the body.

    You'd better let the EPA you know more than they do because they have DDT as a Persistent Bioaccumulative and Toxic (PBT) Chemical.

    Ecosystems are complex things and killing all the insects is such a huge thing that it's going to have some complex repercussions.

    Because of that complexity, to disrupt an ecosystem a chemical doesn't mean needing to kill everything, all it takes is to remove one crucial element to do so, just as removing a Keystone from an arch or dome will bring the whole thing down.

    Falcon
  60. Re:Silent Spring all over again by rtb61 · · Score: 2, Interesting
    There is a really terrible mistake going on here. You really can't link vaccines to anything. There are many different kinds of vaccines produced by many companies. It is really very bad to lump them all together.

    So would a company produce 'a' cheap unreliable vaccine of poor quality in order to maximise short profits, well the history of corporations would tend to indicate that it is likely to happen. Would a corrupt corporation attempt to hide this behaviour to attempt to hide it's bad vaccine behind all the other safe and good vaccines by claiming any attack on their own product is an attack on all vaccines, well history would also tend to show that kind of behaviour will happen.

    No one should repeat or spread that error, not all vaccines are the same, you can not compare every vaccine ever made, to one product like DDT, the idea is stupid. So the only question to ask is, can a particular vaccines made by a particular company cause undesirable side affects.

    If I were a medical product manufacturer I would take the easy way out and simply prove that junk additives in junk foods cause a whole lot of different and varied problems. Hence it would be virtually impossible to prove than any particular medication from the 20th century caused any particular problem because it would have been near impossible for anybody to avoid all the junk food additives added into the modern western diet.

    --
    Chaos - everything, everywhere, everywhen
  61. Re:Would she really take a Thiomerisol injection?? by CTachyon · · Score: 2, Insightful

    I have little to no sympathy with Seidel. Thiomerisol, a mercury(!) compound, deals enormous damage to a child's (and an adult's) brain. Basically it boils down to a needle full of lobotomy. If she is defending Thiomerisol then either she hasn't done her homework or knowing the facts she is on their payroll.

    What the fuck hyperbole train did you just ride in on?

    The amount of ethyl mercury in a dose of vaccine is tiny, and ethylmercury is eliminated so quickly (half-life 18 days or less) that it does not bioaccumulate. You're putting your kid in more danger by feeding them a tuna sandwich once a week than you are by giving them the standard childhood vaccinations, even if you go back in time to 1998 before the US started phasing out thiomersal. Unlike ethylmercury, methylmercury does build up in the body (half-life 44 days), and methylmercury is found in tuna and other large, long-lived ocean fish. (It's also found in large, long-lived land mammals like humans, and babies receive noteworthy amounts of mercury through breast milk.)

    The reality is that toxicity depends on dose. Oxygen is a deadly poison at a high enough concentrations: divers at 600m generally use breathing gas that's 98% He and 2% O2, because 21% O2 would kill them more-or-less instantly. Iron, an essential nutrient, is acutely toxic at a dose that's not much larger than a healthy amount: iron overdose is a leading cause of poisoning deaths in young children, and it used to be even worse thanks to the iron in Flintstone's chewables. (I myself had my stomach pumped when I was 4.) Methyl salicylate, better known as Ben-Gay and closely related to aspirin, killed a cross-country runner last year because she didn't know that it's poisonous in large doses.

    On top of that, thiomersal has been phased out of the routine childhood vaccines for years now. There was no resulting drop in autism rates; there was no resulting drop in mercury poisonings; there was no resulting increase in cognitive function, or test scores, or any measurable thing whatsoever. All the available evidence shows that removing thiomersal did absolutely nothing.

    On top of that, thanks in large part to the autism-vaccine controversy, mumps is making a comeback, and pertussis is now endemic in the area around Boulder, CO, thanks explicitly to unvaccinated children and a failure to reach herd immunity (which for pertussis is 92-94% vaccination).

    I mean, hell, at least autism won't kill you.

    --
    Range Voting: preference intensity matters
  62. The GP *WAS* informative by aepervius · · Score: 4, Informative

    It was not because of the thiomersal that the mother of with the autist daughter was awarded, but because the daughter had a rare form of mytochondrial disease, and the subsequent treatment and vaccine given to her worsened her condition. NOTHING to do with thiomersal per see. It pays to read the judgment before accusing other of not being informative.

    Furthermore after 2001 , NO REDUCTION in autism was observed despite lessened to null use of thiomersal. And study were made it has no autism impact. How many more evidence you need ? Finally you are omitting a very important fact from your "ethyl mercury is toxic" meme. 1) how long does it take to metabolise from thiomersal to ethyl mercury 2) how does it relate to ethyl mercury half life in the body 3) how does it relate to the minimal quantity of thiomersal in vaccine ? 4) how is the quantity of ethyl mercury due to vaccine at ANY time in comparison to the dosis at which it starts affecting the body (and yes there are quantity which are perfectly tolerable, and even quantity of Eth-Hg which can be totally ignored). and more importantly 5) how does it relate to parents saying that within 24 hours their kids got autism !!!!

    --
    C. Sagan : A demon haunted world:
    http://www.amazon.com/gp/product/0345409469/
    visit randi.org
  63. Re:Silent Spring all over again by cdwiegand · · Score: 2, Insightful

    Are you kidding me?!

    My wife and I, after reviewing the stats, decided that it was very unlikely that our son would get a disease that was vaccine preventable, but also very unlikely even within that likelihood that it would be seriously life-affecting or lethal. On the other hand, 1 in 150 children has autism, which is ABSOLUTELY HORRIBLE for the families affected! My brother has mental retardation, and that was very difficult on the family growing up. There's no disease, or even combination of diseases, that is/are vaccine-preventable that have that kind of risk. Now, that's not to say that the vaccine causes it, but I have read papers, scientific ones, that argue both sides. At this point we'd prefer to take the very minor risk of him getting a disease like diptheria or mumps, which aren't very likely to be serious or lethal, than him get autism if we can try to prevent it.

    Also, please note, the sites I've linked to - they're not crackpot sites. When we did our risk analysis for our son, we used the CDC's own data to evaluate his risk. And since they still haven't figured out autism, we as parents have to make our own decisions. The day they figure out what causes it I will throw a party - regardless of if it's vaccines or mothers drinking milk or the father smoking or whatever. Because then we can prevent it. And if it's not vaccines, I'll happily work with our doctor to bring him current. But until then, I have to make my own decision since the CDC can't tell me how to prevent it (autism).

    --
    . Define sqrt(x) as something really evil like (x / rand()), and bury it deep. Watch your coworkers go nuts.
  64. Re:Silent Spring all over again by dangitman · · Score: 2, Informative

    "Global climate change" is a serious issue we need to study. There is NOT a consensus in the scientific community as to whether or not we contribute to it, can do anything about it, or if it's even a bad thing.

    Except, of course, that there is a consensus on these things among scientists, as far as scientists can ever be "in consensus". Only a few nutjobs and industry propagandists disagree.

    --
    ... and then they built the supercollider.
  65. Re:Silent Spring all over again by 2short · · Score: 2, Informative

    It doesn't matter how long you can yell "correlation != causation", because the interesting logical rule to know here is that lack of correlation implies lack of causation.

        A "boatload of children go from being normal to starting to show symptoms" at the same age and at the same rate amongst groups that get the vaccines or not.

    It's not just that there is no evidence vaccines cause autism; there is extremely strong evidence that they definitely do not cause autism. If they did, kids who got the vaccines would show increased rates of autism vs. those who did not, and that is not the case.

    Kids who do not get vaccines get autism at the same rate, and other nasty things for which we have perfectly good vaccines at much higher rates.

  66. Re:DDT by SlowMovingTarget · · Score: 2, Funny

    The WTO's solution--which worked--was to airdrop cats...

    As God is my witness, I thought cats could fly.