Background
1. In September 1992 two brands of MMR were no longer used because of safety concerns with respect to the Urabe mumps vaccine virus and aseptic meningitis. In 2002 the Chairman of the Committee on Safety of Medicines stated: “This risk to children of a potentially serious neurological complication makes its use unacceptable...”
2. The MMR MR Vaccine litigation involved around 1,600 claimants. The claims were brought under the Consumer Protection Act 1987. They were against the vaccine companies. It cost over £15 million in legal aid fees. No compensation was obtained for any claimant.
3. The scope of the litigation was defined by a Practice Direction issued on 8 July 1999:
“This Practice Direction applies to all proceedings in which the claimant claims damages for personal injuries alleged to have arisen out of the inoculation of any vaccines against the illnesses of Mumps and/or Measles and Rubella, such vaccines having been manufactured and/or supplied by the Defendants...”
4. The injuries alleged are believed to have included: autism, bowel problems, epilepsy, brain damage (including meningitis, cerebral palsy, encephalopathy, encephalitis), behaviour and learning problems, arthritis and arthralgia, deafness in one or both ears, myalgic encephalomyelitis and chronic fatigue.
5. The lead claimants in the MMR MR Vaccine litigation alleged conditions of autistic spectrum disorder with or without bowel disorder based on the hypothetical persistence of measles vaccine virus in body tissues.