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Human rights appeal over MMR jabs
Mother
prepares unique legal action in bid to protect son from vaccine she
believes triggered autism in her first child
By Sarah-Kate Templeton, Health Editor
Tammy McLellan was on the point of having her
youngest son, Alasdair, vaccinated with the controversial MMR vaccine when
she suddenly questioned what she was doing. A year earlier another of her
sons, Lewis, had been diagnosed with autism and she and her husband, Jim,
fear the triple jab for measles, mumps and rubella may have triggered the
life-long condition.
'I
was going ahead with the vaccine for Alasdair when I found myself saying:
'I just cannot do this. What am I doing? If I have any doubt that MMR triggered
autism in Lewis why am I doing this with Alasdair?'' she said.
The
McLellans had listened to repeated government reassurances about the safety
of the MMR vaccine but could not bring themselves to take what they believe
is a risk with their youngest son's health.
Tammy
said: 'The government talks about being pro-family and providing choice,
but this situation feels like Big Brother. We think this is wrong,
particularly for children who are so vulnerable and at such a young age. We
feel giving the MMR vaccine is like Russian roulette -- 10 kids can have it
and are fine, but the 11th child comes along and bang!'
Alasdair
is now five years old but has still not been immunised against the three
childhood diseases. The McLellans, who also have three older children, had
decided to save up to pay for their son to receive single vaccines from a
private GP, but the cost and threat of disciplinary action against doctors
who offer parents an alternative made them question why the government is
making it so difficult for parents to do what they believe is best for
their child.
The
McLellans believe so strongly that their son's right to safe immunisation
has been infringed that they are seeking to take legal action, possibly using
human rights legislation, to force the government to make single vaccines
available. A lawyer has agreed to deal with Alasdair's case and is
investigating the best way to take it forward.
Jim
McLellan said: 'As far as we can see, making a legal case against the
government is the only way forward. The government and health authorities
are making it very difficult for anyone to get single vaccines and this is
an indefensible position.
'There
is no conclusive proof of whether this vaccine can trigger autism or not,
but there appears to be some doubt put forward about how safe it is. Single
vaccines are available in other European countries, and given that single
vaccines were available in this country before the MMR was introduced and
were considered to be safe, then I do not know why they should not be
available now.
'I
do not see why the government should force children to take the MMR.' Mr
McLellan says that not only would the family need to pay for single
vaccines but they could also jeopardise a doctor's career.
A
handful of private doctors offer single vaccines for mumps, measles and
rubella in the UK, but they have been put under intense pressure not to
offer the alternative.
Lincolnshire
GP Dr Mansfield is to be dragged before the General Medical Council,
medicine's disciplinary body, by his local health authority for making the
single vaccines available. He will appear before the GMC's Interim Orders
Committee, charged with acting 'outside normal clinical practice'. The
committee could ban him for 18 months, impose restrictions on his practice
and refer the case for a full hearing of the council.
The
threat of disciplinary action has prompted Dr Jean Knowles, the first NHS
doctor in Scotland to prescribe single vaccines as alternatives to the controversial
MMR triple vaccine, to stop giving single jabs.
In
January all GPs in Scotland were warned that they face legal action if they
give single jabs to children instead of the MMR vaccine. Scotland's deputy
chief medical officer, Dr Andrew Fraser, wrote to family doctors telling
them officially they must use the triple measles, mumps and rubella
injection.
Mr
McLellan said that 'the government is doing its best to prevent doctors
from making single vaccines available. They are saying the MMR is the only
way this vaccination can be done. If there is a question of doubt over its
safety and they are denying us the alternative then it is infringing our
right to immunisation.'
The
lawyer who is acting for the McLellans, Fiona Moore of the firm Drummond Miller,
said: 'Mr McLellan has taken legal advice on the options open to him to
have the issue looked at in a judicial context.'
But
legal experts point out that it will be a difficult case to take forward.
Rosemarie McIlwhan, who is director of the Scottish Human Rights Centre,
said the family may argue their case under article two of the European
Convention on Human Rights, which is called the Right to Life.
She
said: 'The family could argue that by not giving access to the single MMR
vaccine, the state is not sufficiently protecting their right to life.
'If
the family took this action the state would argue that there is not
sufficient proof that providing single vaccines is any better for
protecting life than providing the collective vaccine. It would come down
to a judge deciding.'
Experts
also point out that as this is not a life or death issue, the act may not
be deemed applicable.
Bill
Welsh, chairman of Action Against Autism, says it is unfair that a family
has had to resort to legal action in order to have their child immunised in
a way which they believe to be safe.
He
said: 'This couple have witnessed with their own eyes one son's retreat
into autism, and understandably they refuse to take a risk with the life of
a second child.
'They
wish to protect their younger son and have asked for and been refused
single vaccines. If a child is not going to receive MMR he is better to
have single vaccines than no vaccine at all. If the parents have made an
informed decision in regard to their child's health, what right has the
state to interfere?
'That
a Scottish family has to take legal action in order to protect their child
with a vaccine which is freely available worldwide brings shame on those in
charge of child health in Scotland.
'This
historic legal action is as a result of the lack of respect demonstrated by
the department of health towards the genuine concerns of parents.'
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