Christine Midnight v. HHS - MMR, encephalitis, speech-regression, blurred vision, and reduced cognitive ability (2022)

Christine Midnight filed a claim alleging that the MMR, Tdap, and varicella vaccines she received on July 9, 2014, and August 15, 2014, caused her to develop encephalitis, speech regression, blurred vision, and reduced cognitive ability. She also alleged headaches, fevers, and pain in her arms and legs following the second vaccination.

Ms. Midnight initially provided some medical records and a damages affidavit.

However, the respondent questioned her encephalitis diagnosis and asserted that her symptoms predated vaccination, noting a history of a speech impediment, ADHD, and difficulty focusing. The court ordered Ms.

Midnight to provide expert reports from a neurologist and neuroradiologist to support her claim of vaccine-induced injury and her medical theory of causation. Despite multiple extensions and attempts by her counsel to contact her, Ms.

Midnight failed to provide the required expert reports or a clear statement of her intent to continue the litigation. Her counsel reported that she eventually indicated she did not wish to proceed.

Consequently, the court dismissed the case for failure to prosecute and failure to comply with court orders. The decision also noted significant weaknesses in the case, including a lack of concrete evidence of encephalitis and evidence suggesting her alleged symptoms predated vaccination, but the dismissal was based solely on her failure to prosecute.