502 PACE ENVIRONMENTAL LAW REVIEW (Vol. 28, compensated for vaccine-induced acute demyelinating encephalomyelitis (‘ADEM’), leading to Pervasive Development Disorder Not Otherwise Specified, an autistic disorder.'!2 Kirby also published a response he received from HHS about autism as a feature of VICP-compensated cases. He entitled it “Communication from Human Resources and Services Administration of HHS that it Does not Track Autism.” In it, HHS wrote: From: Bowman, David (HRSA) [mailto:DBowmanihrea.gov) Sent: Friday, February 20, 2009 5:22 PM ‘To: dkirby@nye.rr.com’ Subject: HRSA Statement David, In response to your most recent inquiry, HRSA has the following. statement; ‘The government has never compensated, nor has it ever been ordered to compensate, any case based on a determination that autism was actually caused by vaccines, We have compensated ccases in which children exhibited an encephalopathy, or general brain disease. Encephalopathy may be accompanied by a ‘medical progression of an array of symptoms including autistic behavior, autism, or seizures, Some children who have been compensated for vaccine injuries ‘may have shown signs of autism before the decision to compensate, or may ultimately end up with autism or autistic symptoms, but we do not track eases on this basis, Regards, 112, See generally Robert F. Kennedy, Jr, & David Kirby, Vaecine Court Autism Debate Continues, HurFINGTOS Post (Feb. 24, 2008), available at hhttpifwor hufingtonpost comfrobert--kennedyr-and-david-kirkylvaccine- courtautism-deba_b_169673.html: Banks v. Secy of Health & Human Servs, No, 02.0738V, 2007 US. Claims LEXIS 254 (Fed. Cl. duly 29, 2007), available ‘a hutpitwwousefe.useourtsgovlsitesidefaulliles! Abell BANKS 02-0738V pa, ‘see also infra Published Case Chart