Andy De' v. HHS - Varicella, limbic encephalitis (2017)

Andy De', as the parent of his minor child A.U.D., filed a petition on March 6, 2014, alleging that a varicella vaccine administered on March 24, 2011, caused A.U.D. to develop limbic encephalitis. The petitioner's counsel was Edward Kraus.

The respondent was the Secretary of Health and Human Services, represented by Lara Englund. The petitioner believed the varicella vaccine caused A.U.D.'s injuries, and petitioner's experts contended that A.U.D. developed limbic encephalitis.

The respondent and their expert argued that A.U.D.'s presentation was more consistent with an alternative, non-autoimmune diagnosis. In spring 2017, the parties considered scheduling a fact hearing.

Between June and July 2017, A.U.D. underwent subcutaneous IVIG treatments, which are considered an effective treatment for limbic encephalitis but not for the proposed alternative diagnosis. These treatments did not result in noticeable improvement for A.U.D.'s condition.

Following further consideration and discussion with counsel, the petitioner filed a motion for dismissal on September 18, 2017, stating that he could not provide sufficient evidence to establish that the vaccine more likely than not caused A.U.D.'s condition and therefore could not prove entitlement to compensation. The respondent did not object to the motion for dismissal.

Special Master Thomas L. Gowen reviewed the record and found that the petitioner failed to establish either a "Table Injury" or that the varicella vaccine was the cause-in-fact of A.U.D.'s injury.

Consequently, the case was dismissed for insufficient proof. The Clerk of the Court was directed to enter judgment accordingly.