Charles A. Yancey v. HHS - Influenza, autoimmune limbic encephalitis (2018)

Charles A. Yancey filed a petition alleging that the influenza vaccine he received on October 29, 2013, caused him to develop autoimmune limbic encephalitis (AILE).

The petition was filed on October 27, 2016. Mr.

Yancey's medical records indicate that on the day of vaccination, he reported seasonal allergies. Subsequent visits noted symptoms of cough, bronchitis, chest pain, insomnia, weakness, fatigue, clouded thinking, muscle weakness, difficulty walking, inability to concentrate, high blood pressure, anxiety, and depression, ultimately leading to an AILE diagnosis.

However, Mr. Yancey did not file an expert report to support his claim that the flu vaccine caused his condition.

The respondent, the Secretary of Health and Human Services, recommended against entitlement due to the lack of expert support. The court noted that none of Mr.

Yancey's treating physicians supported his allegation. Because Mr.

Yancey failed to provide a medical theory causally connecting the vaccination to his injury, supported by scientific studies or expert medical testimony, and failed to establish a logical sequence of cause and effect, the court granted his motion to dismiss. The case was dismissed for failure to prove a prima facie case of causation in fact.