John Walker-Smith
MMR/MR
See: Wakefield GMC Hearing 2007 Smearing of Dr Wakefield
[2012 March] MMR doctor John Walker-Smith wins High Court appeal
English Court Exonerates MMR/Autism Doctor – UK General Medical Given
Sound Thrashing For the reasons given above, both on general
issues and the Lancet paper and in relation to individual children, the panel’s
overall conclusion that Professor Walker-Smith was guilty of serious
professional misconduct was flawed, in two respects: inadequate and superficial
reasoning and, in a number of instances, a wrong conclusion. Miss Glynn submits
that the materials which I have been invited to consider would support many of
the panel’s critical findings; and that I can safely infer that, without saying
so, it preferred the evidence of the GMC’s experts, principally Professor Booth,
to that given by Professor Walker-Smith and Dr. Murch and by Dr. Miller and Dr.
Thomas. Even if it were permissible to perform such an exercise, which I doubt,
it would not permit me to rescue the panel’s findings. As I have explained, the
medical records provide an equivocal answer to most of the questions which the
panel had to decide. The panel had no alternative but to decide whether
Professor Walker-Smith had told the truth to it and to his colleagues,
contemporaneously. The GMC’s approach to the fundamental issues in the case led
it to believe that that was not necessary – an error from which many of the
subsequent weaknesses in the panel’s determination flowed. It had to decide what
Professor Walker-Smith thought he was doing: if he believed he was undertaking
research in the guise of clinical investigation and treatment, he deserved the
finding that he had been guilty of serious professional misconduct and the
sanction of erasure; if not, he did not, unless, perhaps, his actions fell
outside the spectrum of that which would have been considered reasonable medical
practice by an academic clinician. Its failure to address and decide that
question is an error which goes to the root of its determination.
The panel’s determination cannot stand. I therefore quash it. Miss Glynn, on the
basis of sensible instructions, does not invite me to remit it to a fresh
Fitness to Practice panel for redetermination. The end result is that the
finding of serious professional misconduct and the sanction of erasure are both
quashed.