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Press Release

MMR Appeals

15 October 2004

The results of the hearings into 37 individual MMR cases have been announced today. The Legal Services Commission (LSC) has contacted the parents concerned to inform them of the decision. The appeals were heard by a Funding Review Committee (FRC), an independent appeal body chaired by an eminent Queen's Counsel and three expert solicitors.

The FRC upheld the LSC decision to cease all funding for cases related to autism and bowel disease. They also reinstated 11 cases where it might be possible to pursue legal action.

These involve child injuries which do not relate to autism or bowel disorder. They relate to encephalitis, epilepsy and deafness occurring after vaccination and to alleged injuries following vaccination with earlier versions of the MMR vaccine which have been withdrawn. The LSC will be funding the investigation of these cases to see if there are grounds for claims for vaccine damage.

Clare Dodgson, Chief Executive of the LSC, said: "I have every sympathy for the parents and their children.  These children are clearly ill and their parents genuinely believe the MMR vaccine caused their illnesses.

"However, we have an obligation to only fund cases which have reasonable prospects of success and where the cost of the action is reasonable when compared with the potential damages."

Media information:

Dan Kellingley   Tel: 020 7759 0415
Gary Spink    Tel: 020 7759 0493

Notes to editors

1. The Legal Services Commission (LSC) is responsible for providing legal aid for Multi-Party Actions, providing the individuals involved meet our financial means test and the case has good legal merits.
2. Under the Legal Aid Act 1988, the LSC is obliged to withdraw funding where a case no longer meets the legal merits test.  Cases must have reasonable prospects of success and the cost of the action must be reasonable, compared to the potential damages.  When the LSC withdraws funding, any legally aided individual has a right of appeal to a FRC.
3. The LSC withdrew funding for the MMR litigation on 29 September 2003 on the grounds that the litigation, which was seeking to establish a link between MMR and autism or bowel disease, did not have any reasonable prospect of success.  On 30 September 2003, a FRC supported this decision.
4. The FRC's decision was then subject to judicial review which upheld the FRC decision on 27 February 2004.
5. The 37 individual appeals were then heard between 1 October and 7 October 2004.
6. If the cases involving the various other conditions progress, no legal aid funding will be made for medical research.
   

 

Last updated: 28 December 2006