Vaccines, Autism, A Blogger & Free Speech

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cliff-shoemaker.jpgThe heated controversy over links between autism and vaccines took a strange twist this past month when a high-profile plaintiffs’ attorney subpoeaned a blogger, who regularly questioned the connection between the malady and the products. Why did Cliff Shoemaker take that step? Speculation centers on a post by Kathleen Seidel on her neurodiversity blog showing the fees earned by plaintiffs’ lawyers - particularly Shoemaker - from the vaccine litigation.

Apparently, there was never any indication Seidel had any direct or indirect involvement in a case, which is being handled by Shoemaker, that alleges mercury used in the vaccine caused a plaintiff’s autism. Nonetheless, as the Legal Blog Watch notes, Shoemaker’s subpoena sought a sweeping amount of info and documents relating to the publication of her blog, as well as revenue generated by her site and even correspondence with others, including bloggers, listed on her blogroll.

Not surprisingly, Seidel filed a motion to quash the subpoena, arguing it violated her First and Fourth Amendment constitutional rights; wouldn’t result in discovery of relevant info; and demanded materials that are protected by the journalist’s privilege. More recently, Public Citizen volunteered to represent her. The upshot - Seidel wrote earlier this week that a federal judge quashed the subpoena.

This marks the second recent instance in which a blog has come under attack for pursuing contentious topics in which consumers are battling drugmakers. Last month, a UK blogger was threatened by Glaxo for posting a video about its controversial Paxil antidepressant featuring a Glaxo exec, and later posting a crude remark about the exec. The blogger was accused of defamation and trademark infringement, prompting an apology and the removal of the video. The video, however, is still available elsewhere.

In both cases, though, the larger issue was stifling debate about controversial meds. Shoemaker, of all people, should have known better.

Hat tips to Drug & Device Law blog, Overlawyered, Legal Blog Watch and the New York Personal Injury Law blog

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  1. [...] Vaccines, Autism, A Blogger & Free Speech (Pharmalot) This marks the second recent instance in which a blog has come under attack for pursuing contentious topics in which consumers are battling drugmakers. [...]

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