Pluserix,
If you put such great value on Mitting, why do think he goes out of his way to contrast the behaviour of the man he cleared with that of the man who failed to appeal and thus is still struck off? I mean, if we are to take what Mitting says as unchallengeable (which I for one, speaking as a scientist think would be a pretty untenable position to take), then what about his references to Wakefield?
You may have missed my earlier post regarding this, so here goes again:
First up the whole situation with the legal aid and the firm of solicitors. The judgment quotes from a letter from Walker-Smith to Wakefield:
"My position as with measles, MMR and Crohn's disease is that the link with MMR is so far unproven. It is clear that the legal involvement by nearly all the parents will have an effect on the study as they have a vested interest. I myself simply will not appear in court on this issue.
I would have been less concerned by legal involvement if our work were complete and we had a firm view. Never before in my career have I been confronted by litigant parents of research work in progress. I think this makes our work difficult, especially publication and presentation.
I am very excited by this work and it is very worthwhile. Simon Murch and I met today and have drawn up a draft for patient selection for your comment please."
I don't really need to comment, I think Walker-Smith is quite clear in his views.
The judge talks about Wakefield's press conference:
"At a press conference, which Professor Walker-Smith did not attend, convened to accompany publication, Dr. Wakefield stated publicly the view which he had previously expressed privately to Professor Walker-Smith that he could no longer support the giving of MMR vaccine. The joint view of Professor Walker-Smith and Dr. Murch, stated in a letter to Dr. Wakefield on 21st January 1998, was that it was inappropriate to emphasize the role of MMR vaccine in publicity about the paper and that they supported government policy concerning MMR until more firm evidence was available for them to see for themselves. They published a press release to coincide with publication stating their support for "present public health policy concerning MMR". Dr. Wakefield's statement and subsequent publicity had a predictable adverse effect upon the take up of MMR vaccine of great concern to those responsible for public health. There is now no respectable body of opinion which supports his hypothesis, that MMR vaccine and autism/enterocolitis are causally linked."
May be it's just my interpretation, but don't you think the judge is here drawing a definite distinction between the behaviour of Walker-Smith and Wakefield?
Then the ethical approval issue, that gets a mention too:
"Professor Walker-Smith gave unchallenged evidence that this was the last draft of the paper which he saw. Dr. Murch said, again in unchallenged evidence, that there was then a meeting attended by all of the researchers and clinicians involved to discuss the draft, which they approved. At the end of the meeting there was a discussion between Dr. Murch, Professor Walker-Smith, Dr. Thomson and Dr. Wakefield about the reference to Ethics Committee approval of "this clinical investigation", because it was a clinically driven investigation which did not require Ethics Committee approval. Dr. Murch said that Dr. Wakefield had assured them that he would liaise with the Lancet to ensure that appropriate wording was substituted. The wording in the published paper which neither Dr. Murch nor Professor Walker-Smith saw before publication was,
"Ethical approval and consent
Investigations were approved by the Ethical Practices Committee of the Royal Free Hospital NHS Trust, and parents gave informed consent."
This statement was untrue and should not have been included in the paper."
Oh, look, is it Mr Wakefield who is off putting untrue statements into the published papers, against the express wishes of Walker-Smith and the rest?
I like Respectful Insolence's take on this:
scienceblogs.com/insolence/2012/03/08/andy-wakefield-exonerated-because-john-w/
I agree with the blogger that the judge doesn't seem to have the firmest grasp of medical research issues, but then he is a Judge not a scientist. I have linked to the blog, but will quote from its final paragraph:
"From my perspective, Judge Mitting?s decision strongly implies that, rather than being involved in Wakefield?s professional research misconduct, Walker-Smith was an unwitting dupe. Neither conclusion speaks particularly well of Walker-Smith, but I suppose it?s better to be an honest dupe than a dishonest research cheat. Personally, I?d rather be neither. No matter how hard the antivaccine movement tries to spin this as some sort of exoneration of its hero Andy Wakefield, it?s not."
Cheers.