JABS Briefing Note
GMC’s disciplinary hearing into Dr
Andrew Wakefield, Professor Simon Murch and Professor John Walker-Smith
Dr Horton and the GMC hearing
Documentary evidence has come to light concerning the role of Dr Richard Horton in the disciplinary hearing against Dr Andrew Wakefield and colleagues currently before the General Medical Council. The investigation by the GMC was instigated at the behest of the then Health Secretary, John Reid, following allegations by Dr Horton that Dr Wakefield had hidden his involvement in the MMR litigation at the time of the publication of his controversial 1998 study.
Subsequently Dr Horton gave
evidence to the GMC under oath in 2007 to the effect that he was totally
unaware of Dr Wakefield's involvement in a class-action lawsuit being led by
the
The recently unearthed correspondence between Dr Horton at The Lancet and the lawyers seeking compensation for children believed to have been damaged by the MMR vaccine would indicate that Dr Horton knew, almost a full year before the controversial paper appeared, that Dr Wakefield was also involved in assembling medical evidence for the lawsuit.
From this correspondence it appears that both Dr Horton and members of
his staff at The Lancet had been informed of this and did not see it as a
reason to withhold publication. JABS would like to know how someone with Dr
Horton's responsibility could make
apparently erroneous claims over a period of more than four years, and also how this could have gone overlooked by
The Lancet's staff and legal advisors over this period.
Dr
Horton's problem is compounded by the fact that a letter to the Lancet from Dr
A Rouse, Department of Public Health Medicine, was received on Tuesday 4th
March 1998 just one working day following publication (Friday 28 February 1998)
and forwarded by the Lancet on 9 March 1998 and in its original version plainly
alluded to circumstances prior to publication of the study.
Dr
Rouse’s letter was edited and published in The Lancet on
There
could therefore be no reasonable mistake on Dr Horton's part that Dr Wakefield
might be referring to any potential involvement commenced after the
publication of the study on
Dr Horton has repeatedly stated that, if he
had previously known of Dr Wakefield's evidence-gathering for Dawbarns, the
1998 paper would not have been accepted. One of the main reasons the GMC's long-running
hearing is being held is precisely because Dr Horton subsequently
accused Dr Wakefield of concealing this crucial involvement, leading to the
accusations by Mr Brian Deer and the Sunday Times.
JABS believes that Dr Wakefield has been falsely accused ever since by the Department of Health, the medical establishment and the Sunday Times of deliberate concealment, something that he has always denied. Dr Wakefield has always openly confirmed his involvement with the MMR legal action, and the new evidence now fully supports him all the way back to early 1997.
Mr Richard Barr, the solicitor at Dawbarns at the centre of the correspondence with Dr Horton at The Lancet has agreed to make available all the original copies of the correspondence to the GMC hearings.
In the opinion of JABS these
latest revelations now throw the GMC prosecution case, against Dr Wakefield in
particular, into chaos.
The GMC should have no
option but to re-question Dr Horton in the light of the new evidence, to try to
get to the bottom of what he and his staff knew and when they knew it, and why
they apparently subsequently stopped knowing it!
This dramatic development in
the MMR controversy may also ultimately lead to calls for Dr Horton to resign
if his evidence to the GMC has been knowingly at variance with the facts.
Concern
must also surround the fact that Dr Horton was on his own account drawn
into framing charges against Dr Wakefield by the GMC only three days after his denunciation, as well as
subsequently acting as a prosecution witness.
He states
in his book MMR Science and Fiction: Exploring the Vaccine Crisis:
‘…Indeed,
the GMC seemed non-plussed by Reid's intervention. The best their spokeswoman
could say was: 'We are concerned by these allegations and will be looking at
what action, if any, may be necessary.' In truth, they had not a clue where to
begin. At a dinner I attended on 23 February, one medical regulator and I
discussed the
A further deeply unsatisfactory feature is that Dr Horton has never disclosed that his boss, Sir
Crispin Davis, chief executive of Reed Elsevier, was appointed a non-executive
director of MMR defendants GlaxoSmithKline in summer 2003 only a few months
before the Sunday Times article in February 2004 that accused Dr
Wakefield.
This is in addition to the embarrassment
that the high court judge who dismissed the MMR autism cases just seven days
after Dr Horton's accusation was none other than Sir Crispin's younger brother
Sir Nigel Davis. (2) (3)
JABS
believes it is essential that
there is now a full and open public enquiry into this matter.
JABS is a support group
for parents of vaccine damaged children.
JABS National Office,
Press contacts:
Jackie Fletcher Tel: 01942
713565
(1)http://www.bmj.com/cgi/eletters/329/7473/1049#83447
(2)
http://business.timesonline.co.uk/tol/business/article992360.ece?token=null&offset=24
(3)http://www.theoneclickgroup.co.uk/documents/vaccines/media/MMR%20Judge%20and%20%20Glaxo%20.pdf
Summary
of Key Dates and Events
1995 - Dawbarns solicitors of Kings Lynn (employing
solicitor Richard Barr) were (along with Freeth Cartwright, another firm of
solicitors) appointed by the then Legal Aid Board to manage claims over serious
neurological damage (including autism) following MMR.
First
quarter of 1997 - Dr Edwards of the
Medicines Control Agency wrote privately to Dr Richard Horton, editor of The
Lancet, pointing out that Lancet papers’ text and tables were being reproduced
by Dawbarns in the “Fact Sheets” provided to parents in the class action.
Sarah Quick tells Kirsten Limb that Dawbarns should
apply for retrospective permission to reproduce The Lancet material in
Dawbarns’ Fact Sheets to parents. Sarah Quick indicates there should be no
problem about granting this permission.
This
letter makes it absolutely clear that Richard Barr works for Dawbarns
solicitors and that he is involved in litigation related to potential damage to
children following exposure to MMR and measles-rubella vaccines.
In this letter, Barr also asks Dr Horton for retrospective
permission to quote specific Lancet references contained in the Dawbarns Fact
Sheet. Barr’s letter specifies the references by number, including reference
50, which is a reference to a paper
co-authored by Dr Andrew Wakefield. The text associated with this
footnote reads:
‘…There is
convincing evidence of a link between vaccination and inflammatory bowel
disease including Crohn’s Disease. It is a serious lifelong illness that has
affected a large number of the children we are helping. We are working with Dr. Andrew Wakefield of the
Barr thus
takes Dr Horton directly to the text that describes Dr Wakefield’s working
relationship with Dawbarns and Barr. It is therefore inconceivable that Dr Horton
did not scrutinise the precise copyrighted material to which Barr directed Dr Horton.
In addition, Barr
refers specifically in the letter to exchanges that he has had with Dr Wakefield
and the latter’s granting of permission to Barr to quote (in the Dawbarns Fact
Sheets) papers previously authored by Dr Wakefield and published by The Lancet.
Barr also refers to pressure from the Medicines
Control Agency and the Department of Health, upon The Lancet, to have The
Lancet references withdrawn from the Dawbarns Fact Sheets. Barr also encloses
correspondence with Dr Wood at the Medicines Control Agency about the contents
of the Dawbarns Fact Sheets.
To
summarize: the above detailed exchanges document that Dr Horton and The
Lancet were fully aware of both the Dawbarns litigation and Dr Wakefield’s
professional link with the Dawbarns litigation, in the year before and leading
up to the publication of the crucial February 1998 paper in The Lancet.
June 1997 - Dr Wakefield and co-authors submit their paper to
The Lancet for peer review and approval prior to publication by The Lancet the
following February.
July 1997 - Correspondence still continues between Richard
Barr at Dawbarns and Professor Sherwood, The Lancet’s Ombudsman. Prof Sherwood is
provided with an amended version of the Dawbarns Fact Sheets. It is extremely
likely that this amended version would have been passed by Sherwood to The
Lancet for approval.
4th
March 1998 - Dr. Rouse (Department
of Public Health Medicine) wrote to Dr Horton at The Lancet, the letter being
headed “Vaccine adverse events: Litigation bias might exist”. Dr Rouse quotes
from a Dawbarns Fact Sheet:
‘…Extracts from a 48 page: Vaccines, FACT SHEET
prepared by Dawbarns Solicitors, Kings Lynn for Society for The Autistically Handicapped
Inflammatory Bowel Disease. We are working with Dr Andrew Wakefield of the Royal Free Hospital
London. He is investigating this condition. Page 27
Inflammatory Bowel Disease and Autism. If your child has developed persistent stomach
problems (including pains, constipation or diarrhoea) following the
vaccination, ask us for a factsheet from Dr. Wakefield. Page 44…
If you believe your child has been damaged: .. we propose to seek proper
compensation in the courts, … we will also help with applications to the
Vaccine Damage Tribunal. Page
47 – 48…’
This letter
will again have reminded Dr Horton of his year-long knowledge of Dr Wakefield’s
involvement with Dawbarns.
20th
February 2004 – Dr Horton calls a news conference, and states:
"If we knew then what we know now we certainly would not have published
that part of the paper related to MMR, although I do believe there was and
remains validity in the connection between bowel disease and autism".
Dr Wakefield denies that this was ever concealed from
The Lancet, but the hue and cry mostly follows the Sunday Times’ lead, and Dr
Wakefield and his study - despite support from some other researchers and
doctors - become routinely described as “discredited” in the media, with a few
honourable exceptions. Dr Wakefield thus finds himself
“guilty until proven innocent”.
‘…In truth,
they had not a clue where to begin. At a dinner I attended on 23rd
February, one medical regulator and I discussed the
This
would suggest that Dr Horton actively assisted a GMC official as to how to
frame charges against Dr Wakefield, resulting from the Secretary of State
for Health, Dr. John Reid’s interest.
July 2007 - General Medical Council hearings into alleged professional
misconduct by Dr Andrew Wakefield, Professor Simon Murch and Professor John
Walker-Smith commence.