Carmen James v. HHS - Influenza, seizures and Anti-N-methyl-D-aspartate (“Anti-NMDAR”) receptor encephalitis (2017)

On December 28, 2015, Carmen James filed a petition on behalf of her minor child, A.J., seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that A.J. suffered from seizures and Anti-N-methyl-D-aspartate (Anti-NMDAR) receptor encephalitis as a result of an influenza vaccine administered on November 13, 2014.

The respondent was the Secretary of Health and Human Services. On October 20, 2017, the petitioner moved for a dismissal of her claim, stating a desire to pursue civil litigation against third parties.

The petitioner acknowledged that this dismissal would terminate any rights within the Vaccine Injury Compensation Program. The respondent did not oppose the dismissal.

Special Master Herbrina Sanders reviewed the case. To receive compensation, the petitioner must prove either a "Table Injury" or that the injury was actually caused by the vaccine.

The public decision states that the record did not contain sufficient evidence to prove entitlement. Specifically, the medical records alone were insufficient, and the expert report, absent testimony, did not establish causation.

Consequently, the case was dismissed for insufficient proof, and judgment was entered accordingly. The decision was issued on October 25, 2017.