Category Archives: Comparative Law

Italy Opens Investigation into child’s death from SSPE

“So, what do we have here?

At this point, no charges for manslaughter were filed against anyone. What we have is the start of an inquiry into the girl’s death, following a complaint by her parents. We do not know who, if anyone, will be charged with anything in connection to this.
A four-year-old daughter of wealthy, well-educated parents – no doubt a well nourished child – was left unvaccinated against measles, a preventable disease. Vaccination rates against it in Italy are around 90% for one dose of MMR and less than 85% for the second dose. As a result, cases are high in Italy: 3,943 reported cases in 2013 and 1,680 in 2014. MMR protects 95% of those that get one dose and 99% of those that get two doses (pdf). See the CDC information on MMR vaccine effectiveness. Those left unvaccinated – like little Clara was – are substantially more at risk of getting the disease. Clara did.
Little Clara got a generally fatal, horrible complication of the disease described by anti-vaccine activists as benign, mild or “a common childhood illness”.”

Italian Court overturns decision that compensates for autism

In June 2012, a labor court in Rimini, Italy granted compensation to the family of a child named Valentino Bocca. The family alleged that the MMR vaccine Valentino received as part of his childhood immunizations caused his autism, and the court compensated them on that theory. The lower court’s decision was never on very firm grounds: it depended in part on testimony of an expert decision who relied, in turn, on Andrew Wakefield’s debunked studyBut it was used by anti-vaccine activists as part of their claims.

On February 13, 2015,  a Court of Appeals in Bologna overturned the decision–a decision that apparently lead to a decline in MMR immunization rates in Romagna, an historical district of Italy.


The Court of Appeal accepted the appeal filed by the Ministry of Health (ministero della Sanità). The expert appointed by the court of appeal highlighted that there is no scientific evidence supporting a link between vaccines and autism. The expert highlighted that the lower court expert was wrong to rely on the study by Andrew Wakefield, a study debunked and rejected by the scientific community.

The expert also highlighted that while there is some temporal link between Valentino’s MMR vaccine and autism, in the sense that the diagnosis of autism followed the vaccine, the temporal connection was not strong and does not itself support a causal connection.

The expert, Dr. Lodi, stated that “In the medical history of the child there is not an objective temporal correlation between the gradual emergence of autistic disorders and the MMR vaccine, there is only the fact that the two events occur one before the other, but as shown, this is not sufficient to relate the two events “.

The Bocca’s lawyer, Luca Ventaloro, claimed that he will appeal to the Supreme Court of Cassation (Corte Suprema di Cassazione), the highest court in Italy.”