R.B. v. HHS - HPV, anti-NMDA receptor encephalitis (2017)

On December 5, 2013, Leilah Al-Uffi filed a claim on behalf of her minor child, R.B., seeking compensation under the National Vaccine Injury Compensation Program. R.B. allegedly suffered from anti-NMDA receptor encephalitis (ARE) as a result of receiving the human papillomavirus (HPV) vaccine on December 8, 2010.

Petitioner argued that R.B. experienced a secondary immune response to the vaccine, leading to the development of ARE. Respondent contended that R.B.'s symptoms began either before the vaccination or too soon after to be vaccine-related, and suggested alternative causes such as a prior upper respiratory infection or her history of alopecia areata.

The Special Master found that Petitioner met the burden of proof for a non-Table claim, establishing a plausible medical theory, a logical sequence of cause and effect, and a medically acceptable temporal relationship between the vaccination and the onset of ARE. The court ruled that Petitioner was entitled to compensation, with damages to be determined in a separate order.

Petitioner was represented by Andrew Donald Downing of Van Cott & Talamante PLLC, and Respondent was represented by Debra A. Filteau Begley of the U.S.

Department of Justice. The decision was issued by Special Master Brian H.

Corcoran.