Damacio Chewiwi v. HHS - Influenza, NMDA receptor encephalitis (2018)

On September 1, 2015, Damacio Chewiwi, represented by his mother as he was a minor at the time, filed a petition for compensation under the National Vaccine Injury Compensation Program. He alleged that he received an influenza vaccine on December 5, 2014, and subsequently developed NMDA receptor encephalitis, which he claimed was caused by the vaccine.

The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the petitioner's condition. The parties, maintaining their respective positions, entered into a joint stipulation to settle the case.

Special Master Thomas L. Gowen adopted the stipulation as the decision of the Court.

The stipulation awarded Damacio Chewiwi a total of $194,848.34. This amount comprised a lump sum of $155,000.00 for general damages, payable to Damacio Chewiwi, and a lump sum payment of $39,848.34 to satisfy a State of New Mexico Medicaid lien, payable jointly to Damacio Chewiwi and HMS.

The decision was issued on April 27, 2018. Petitioner counsel was Andrew D.

Downing of Van Cott & Talamante PLLC, and respondent counsel was Voris E. Johnson of the United States Department of Justice.

The public decision does not describe the onset of symptoms, specific medical tests, or treatments. The case was settled as an off-Table claim, meaning causation had to be proven, but the parties agreed to compensation without admitting that the vaccine caused the injury.