Mothers lose MMR appeal

Wednesday, 30 July 2003 12:00 AM

The Court of Appeal has ruled against the mothers in the unusual case in which the parents of two girls went to court over the MMR vaccination.

Two mothers, each of whom are raising their daughter alone, were taken to court by the fathers who wanted their daughters to have the MMR vaccination instead of the alternative three separate injections.

Some studies have highlighted a correlation between the increase in the use of MMR over the years, and the increased incidence of autism, though other studies suggest that increased levels of autism result from better awareness and diagnosis.

Although the British Medical Association and most medical professionals believe the MMR is safe, an increasing number of parents have been put off from having their children vaccinated with it.

The two mothers chose not to have their daughters vaccinated with the MMR jab, but the fathers both sought legal enforcement, claiming that MMR puts the children at least risk of contracting measles, mumps and rubella.

In the original court case in June, Mr Justice Sumner sided with the fathers and said that the children should have the MMR jab. He also commented that such issues should be resolved by parents in future, rather than be taken before the courts.

Liberal Democrat MP Dr Evan Harris has backed the decision of the courts. He encouraged parents facing this decision to speak to their GP about the evidence that indicates that MMR is safe, but noted that when parent cannot agree the court system must focus only on the welfare of the child.

He backed the use of the triple vaccine saying: 'there is clear evidence that the NHS is providing the most effective and safest vaccination. The MMR vaccination is more effective than the single vaccination in protecting children from serious childhood illnesses.'

However, the two women appealed against the judgment on the grounds that it did not take full account of the mother's wishes, or the impact on the family. The ruling today has rejected this argument and Lord Justice Thorpe went so far as to say the original Judge's approach had been 'above criticism'.

The case has raised concerns for many parents that fear the MMR jab may be dangerous, and all those involved have their anonymity protected for the benefit of the children. One of the mothers has said she will consider taking the case to the Law Lords.

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