Yuqing Wu v. HHS - Influenza, chronic encephalopathy (2023)
Case summary [AI summaries can sometimes make mistakes]
On September 3, 2021, Jian Qian, acting as legal guardian for Yuqing Wu, filed a petition alleging that Ms. Wu, who was 93 years old at the time, suffered chronic encephalopathy and a subsequent cascade of illnesses as a result of an influenza vaccination administered on September 13, 2018.
The petition also indicated that at least one other unspecified vaccine was administered at that time. The respondent was the Secretary of Health and Human Services.
The Special Master, Daniel T. Horner, dismissed the case.
The procedural history revealed that the petitioner was given two years to file complete medical records but failed to do so despite multiple court orders and warnings. Initially, the petition included only abstracts of hospital records and lacked evidence of the vaccination itself.
A history from the day after the alleged vaccination mentioned a flu shot, but this was inconsistent with other allegations. The medical records showed prior hospitalizations for various conditions, including dementia and sepsis.
A later diagnosis of encephalopathy in May 2020 was attributed to a stroke, not the vaccine. The petitioner filed a letter from Dr.
WenCheng Jen, who opined that the vaccinations "more likely than not" caused a cascade of abnormalities, including contributing to Ms. Wu's stroke and heart disease.
However, the Special Master found Dr. Jen's opinion unpersuasive due to a lack of specific medical theory, inconsistency with the medical records, and failure to establish a logical sequence of cause and effect.
The Special Master determined that the petitioner failed to prosecute the case by not providing necessary documentation and also failed to demonstrate entitlement to compensation on the merits, as the evidence did not establish a vaccine-related injury or causation. The case was dismissed on November 6, 2023.
Theory of causation
Petitioner Jian Qian, on behalf of 93-year-old Yuqing Wu, alleged that an influenza vaccination on September 13, 2018, caused chronic encephalopathy and a cascade of illnesses. The petition also mentioned an unspecified additional vaccine. The Special Master, Daniel T. Horner, dismissed the case due to failure to prosecute and failure to demonstrate entitlement. The petitioner failed to provide complete medical records over two years, despite multiple court orders. The medical records showed prior conditions including dementia and sepsis. A later encephalopathy diagnosis was attributed to stroke. Dr. WenCheng Jen opined that the vaccines caused a "cascade of abnormalities" and contributed to stroke and heart disease, but this opinion was deemed unpersuasive due to lack of specific medical theory, inconsistency with records, and failure to establish a logical sequence of cause and effect. The Special Master found no Table Injury claim was available as the specific vaccines (pertussis, measles, mumps, rubella) were not pleaded or evidenced. Causation-in-fact was not established as the alleged encephalopathy during the September 2018 hospitalization was attributed by treating physicians to sepsis or hypotension, not the vaccine, and Ms. Wu's mental status returned to normal. A later encephalopathy diagnosis was attributed to stroke. The petitioner failed to preponderantly establish the fact of vaccination and did not demonstrate a cognizable injury or a vaccine-caused encephalopathy. The case was dismissed on November 6, 2023.
Source PDFs
USCOURTS-cofc-1_21-vv-01811