In 2011 the British Medical Journal (BMJ) published a series of articles about Andrew Wakefield and his efforts to promote the idea of the MMR vaccine causing autism. Brian Deer has a list of links on his website: Secrets of the MMR scare. Here are just a few of those links:

Piltdown medicine – the missing link between MMR and autism

Editorial: Wakefield’s article linking MMR with autism was fraudulent

How the case against the MMR vaccine was fixed

How the vaccine crisis was meant to make money

The Lancet’s two days to bury bad news

Nearly a year after those were published, Andrew Wakefield took issue with his work being declared fraudulent and sued for defamation. Not in the UK, where the laws are very favorable to him. No, instead he chose his home state of Texas. Mr. Wakefield’s original suit was denied on the grounds that he did not have the standing to bring suit against the BMJ in Texas. Mr. Wakefield appealed. And lost.

In the recent appeal the judgment the court stated:

This is an appeal from the judgment signed by the trial court on August 3, 2012. Having reviewed the record and the parties’ arguments, the Court holds that there was no reversible error in the trial court’s judgment. Therefore, the Court affirms the trial court’s judgment. The appellant shall pay all costs relating to this appeal, both in this Court and the court below.

The full judgment can also be found online.

[Edit to add–see the discussion below. It is quite possible that I did not read this correctly]

If I read this correctly, Mr. Wakefield will be paying the costs the BMJ team incurred as well as his own. And, not only in the appeal, but also “in the court below”, which I read to be in the original suit. To put it simply–Mr. Wakefield may be in the position of paying the costs going back to when he first filed his defamation case.

The BMJ team and Mr. Wakefield’s team were four attorneys each. I would expect that Mr. Wakefield’s costs run into many tens of thousands of dollars. I would expect that the BMJ’s costs are likely even higher.

Which brings us to the obvious question: with a gamble of this size, what would this appeal have accomplished had Mr. Wakefield won? Well, for starters the BMJ team’s Anti SLAPP suit would have moved forward. Texas had just enacted Anti-SLAPP legislation at the time Mr. Wakefield filed suit (as an aside, if I recall correctly this is one of the blunders of Mr. Wakefield’s suit–waiting until after the new law was in place to file). SLAPP stands for Strategic lawsuit against public participation. The BMJ suit essentially puts for the idea that Mr. Wakefield’s defamation suit was a cynical attempt to stop the BMJ (and others) from voicing public criticism about Mr. Wakefield’s actions. Mr. Wakefield faced heavy penalties had the Anti-SLAPP suit gone forward and had the BMJ won.

This is the fourth time that Mr. Wakefield has attempted to “gag the media” as Mr. Deer puts it. And now the fourth time Mr. Wakefield has lost. One can never tell for certain, but it seems likely that Mr. Wakefield would have lost the Anti-SLAPP suit.

Let’s say Mr. Wakefield avoided an Anti-SLAPP judgment. He would have been able to bring his defamation case to court on the merits. Not on the merits of his scientific work, but on the question of whether the BMJ team could rightfully call his work fraudulent. A case the BMJ team certainly prepared for before going to press. And prepared to defend in the UK, where the laws are much more favorable to Mr. Wakefield. Which is to say, I suspect the BMJ felt strongly that they had checked all their facts closely and were well defended in any and all statements they made.

From my point of view, this defamation lawsuit was a vanity exercise by Mr. Wakefield. It got his name in the news. It may have slowed criticism of him for years. He got to look like a hero to his own community.

And he threw tens if not hundreds of thousands of dollars down the tubes in the effort. Mr. Wakefield heads the “Strategic Autism Initiative” which has the purported goal of funding autism research. Last I checked the majority of the money collected for the SAI went to salaries. Mr. Wakefield’s being the lion’s share. Be that as it may, Mr. Wakefield had an option a few years ago: fund autism research or fund this lawsuit.

Well, we see his choice. And the result. Sure there may be a further appeal. Take it to the Texas Supreme Court and delay some more. And run up more bills to pay.

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By Matt Carey